In Dialogue with Serbia, Experts of the Human Rights Committee Commend the State’s Improved Anti-Discrimination Framework, Raise Issues Concerning Measures to Prevent Violence against Women and to Locate Missing Persons
The Human Rights Committee today concluded its consideration of the fourth periodic report of Serbia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s improved anti-discrimination framework, and raising issues concerning measures to prevent violence against women and to locate missing persons.
A Committee Expert said the State party's legislative and policy framework had been improved through the amendment in 2021 of the law on the prohibition of discrimination, and the adoption of the strategy for the prevention and protection of discrimination and the accompanying biennial action plan. How would the State party further strengthen the legal and policy framework on anti-discrimination?
Another Committee Expert said there continued to be a high prevalence of all forms of violence against women, with 190,000 reported cases between 2017 and 2021. Overall, 21.6 per cent of women had experienced a certain form of violence, and 10 per cent had experienced physical or sexual violence. How would the State party improve measures to prevent gender-based violence and punish perpetrators?
The Expert also asked about measures the State party intended to take to speed up the work of the Commission on Missing Persons. Over the reporting period, the Commission had participated in the identification and exhumation of only 243 persons, out of over 3,300 missing persons. How would the State increase the number of concluded cases, particularly against mid- and high-ranking officials?
Tomislav Zigmanov, Minister for Human and Minority Rights and Social Dialogue of Serbia and head of the delegation, said Serbia had adopted numerous laws, strategies and accompanying action plans related to the prevention of discrimination. The Government had also established anti-discrimination bodies such as the Council for Monitoring the Implementation of the Anti-Discrimination Strategy, the Roma Social Inclusion Coordination Body, and the National Minority Council.
Since the adoption of the law on prevention of domestic violence in 2016, Mr. Zigmanov said, many efforts had been carried out to improve the work of all actors in the domestic violence protection system. Intensive work was being done to establish a single central record on cases of domestic violence. The work of the Council for the Prevention of Domestic Violence was also of great importance. The delegation added that the State party had trained 2,800 police officers on the prevention of domestic violence. Serbia had adopted a strategy on preventing violence against women in 2022 and was currently developing the related action plan.
The delegation said the State party had pursued new mechanisms and international initiatives to find missing persons. In 2018, it signed a joint declaration to put missing persons on the Balkan Agenda and identify the bodies of around 4,000 persons in morgues in the territories. Serbia had identified 1,000 of these bodies and developed a database on them. The State party was obstructed in its efforts by Croatia and Pristina, which were blocking Serbia from conducting investigations into mass grave on their territories, despite bilateral agreements in this regard. Serbia was cooperating with the United States, United Nations agencies and other international organizations on searches. The State party hoped to establish a regional coordination body for prosecution services.
In concluding remarks, Mr. Zigmanov said Serbia was determined to protect human rights. The delegation hoped that it had provided useful information on the implementation of civil and political rights in Serbia. The State party would work to implement the Committee’s concluding observations and protect the human rights of vulnerable groups.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said issues discussed in the dialogue included hate crimes; lesbian, gay, bisexual, transgender and intersex rights; eradication of slavery and human trafficking; anti-corruption measures; the right to peaceful assembly; freedom of expression; and participation in public affairs. The Committee was determined to ensure the highest possible degree of implementation of the Covenant in Serbia.
The delegation of Serbia was made up of representatives of the Ministry for Human and Minority Rights and Social Dialogue; Ministry of Justice; Commission for Missing Persons; Commissariat for Refugees and Migration; Ministry of Foreign Affairs; Ministry of Internal Affairs; Ministry of Information and Telecommunications; Office for Kosovo and Metohija; and the Permanent Mission of Serbia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 18 March to begin its consideration of the third periodic report of Guyana (CCPR/C/GUY/3).
Report
The Committee has before it the fourth periodic report of Serbia (CCPR/C/SRB/4).
Presentation of the Report
TOMISLAV ZIGMANOV, Minister for Human and Minority Rights and Social Dialogue of Serbia and head of the delegation, said Serbia was deeply committed to the implementation of all the principles and values of the United Nations.
Serbia could not monitor the implementation of the Covenant in the Autonomous Province of Kosovo and Metohija as governance of the province was fully entrusted to the United Nations Interim Administration Mission in Kosovo. In this province, institutional and systematic suppression of civil and political rights of Serbs was occurring, including denial of the right to vote; arbitrary arrests and beatings; infringement of the supply of medicines and food; illegal expropriation of private property; and abolition of the dinar as a means of payment.
Serbia had carried out a constitutional reform in the reporting period to further strengthen the independence of the judiciary. In 2018, the State adopted the law on the planning system to regulate the creation and monitoring of public policies. The State party was currently drafting a human rights strategy based on the recommendations and standards of the United Nations human rights mechanisms. The Ministry for Human and Minority Rights and Social Dialogue was established in 2020 to institutionally strengthen the protection of human rights. Bodies monitoring the implementation of United Nations human rights recommendations had developed a plan for monitoring these recommendations using an electronic database.
Serbia had amended the law on prohibition of discrimination and adopted numerous laws, strategies and accompanying action plans related to the prevention of discrimination. The Government was currently developing an action plan for the anti-discrimination strategy. It had also established anti-discrimination bodies such as the Council for Monitoring the Implementation of the Anti-Discrimination Strategy, the Roma Social Inclusion Coordination Body, and the National Minority Council.
To promote gender equality, the State party had adopted the 2021 law on gender equality, and was implementing the 2021-2030 strategy for gender equality and an accompanying action plan. Since the adoption of the law on prevention of domestic violence in 2016, many efforts had been carried out to improve the work of all actors in the domestic violence protection system. Intensive work was being done to establish a single central record on cases of domestic violence. The work of the Council for the Prevention of Domestic Violence was also of great importance. After the tragic events in Belgrade on 3 and 4 May last year, the Government had adopted a set of emergency measures, including amendments to the Criminal Code and the law on arms and ammunition, to ensure that such tragedies were not repeated.
Promising efforts had been carried out to develop the capacity of prison officers in the fields of deprivation of liberty and the prohibition of torture. The Government had improved the capacities of the Protector of Citizens, the national preventive mechanism. The new law on the rights of users of temporary housing services in social protection regulated the prohibition of abuse, exploitation and neglect in the field of social protection. The State had also been strengthening the normative and institutional framework in the fight against human trafficking and had developed an application for the preliminary identification of victims.
The Government had adopted a response plan to address the increased number of migrants in Serbia. All internally displaced persons from the Autonomous Province were issued an identification card, with which they exercised their rights. The State had provided more than 7,225 housing solutions and supported the economic empowerment of 5,303 families; 15,667 families, primarily Roma, needed housing support.
Serbia had drafted the law on public information and media and the law on electronic media, and established special legal protections for journalists. A database of criminal offenses against journalists had been established. The strategy for a stimulating environment for the development of civil society and the Council for Civil Society dealt with issues related to human rights defenders. Amendments were made to the Criminal Code to sanction hate crimes, and awareness raising campaigns combatting hate speech had been carried out.
Serbia remained determined to achieve further progress in democratisation, the fulfilment of international obligations, and the attainment of the highest standards of human rights.
Questions by Committee Experts
A Committee Expert asked about assessments made by the council for monitoring the implementation of recommendations of the United Nations human rights mechanisms. Was civil society regularly consulted in the framework of its monitoring? How did the State party implement the Committee’s Views? What measures would the State party take to raise awareness of the Covenant among legal professionals, Government officials and the public? What was the process for selecting the current Ombudsman? What human and financial resources were available for the Ombudsman to effectively perform its mandate as the national preventive mechanism?
There continued to be a high prevalence of all forms of violence against women, with 190,000 reported cases between 2017 and 2021. Overall, 21.6 per cent of women had experienced a certain form of violence, and 10 per cent had experienced physical or sexual violence. An estimated 71 per cent of cases were not reported to police. In 2023, 29 women were killed in family settings. How would the State party improve institutional measures to prevent gender-based violence and punish perpetrators? What training would be provided to judges, prosecutors and police on the rights of victims? Did the State party plan to create the offence of femicide and expand reporting mechanisms? What results had been achieved by the national strategies on gender-based violence and violence against children? What was the status of proposed amendments to the family law to introduce civil liability for violence and strengthen monitoring of protection measures for victims? Had the criminal offence of rape already been redefined in line with the Istanbul Convention? What resources were devoted to reparations for victims?
What measures did the State party intend to take to speed up the work of the Commission on Missing Persons? Over the reporting period, the Commission had participated in the identification and exhumation of only 243 persons, out of over 3,300 missing people. What measures did the Public Prosecutor's Office for War Crimes intend to take to increase the number of concluded cases, particularly against mid- and high-ranking officials? What measures would be adopted to search for and try defendants? What reparations would be provided to victims and survivors, including of conflict-related sexual violence? Would the State party increase its cooperation with the International Residual Mechanism for Criminal Tribunals? Had the law on missing persons been enacted? What results had the national strategy for war crimes prosecution and the revised prosecutorial strategy achieved? How did the State party ensure that State officials respected court decisions in relation to such crimes?
Another Committee Expert said the State party's legislative and policy framework had been improved through the amendment in 2021 of the law on the prohibition of discrimination, and the adoption of the strategy for the prevention and protection of discrimination and the accompanying biennial action plan. What were the grounds of the discrimination complaints submitted to the Equality Protection Commissioner and what reparations were granted to victims? How would the State party further strengthen the legal and policy framework on anti-discrimination? Had the strategy for active and healthy ageing entered into force?
Roma were victims of a greater level of discrimination and marginalisation than any other minority group. Roma reportedly lacked information about their rights and the mechanisms available to combat discrimination. How many Roma and State officials had received training on birth registration? Did the State party provide education to the Roma in their own language? What employment support schemes were available for the Roma? What measures were being taken to reduce infant mortality rates in Roma settlements, which were higher than the national average? What rate of Roma households had access to electricity, drinking water and sewage networks?
What measures were in place to raise awareness of gender equality and eradicate stereotypes on the roles of women and men? In the private sector, women were victims of discrimination in hiring, were underrepresented in managerial positions, and had lower salaries then male counterparts. What measures were in place to reduce these inequities, tackle horizontal discrimination in the workplace, and reduce the burden of unpaid housework on women?
Could the State party provide information on allegations of excessive use of force by police officers in response to demonstrations related to COVID-19 measures in 2020 and electoral irregularities in 2023? How did the State party ensure that police officers’ use of force was proportional and necessary, and that they wore body cameras and easily identifiable clothing?
One Committee Expert called for more information on the state of emergency declared in March 2020 in response to the COVID-19 pandemic. During the state of emergency, were measures implemented that affected the rights and freedoms of the populace? Was there judicial oversight of the measures adopted?
Could the State party provide data on hate speech and hate crimes committed in 2023? What was the role played by the Commissioner for the Protection of Equality in the investigation of such crimes? What was the role of the Ministry of Human and Minority Rights and Social Dialogue in preventing hate crimes?
What was the status of the draft law on same-sex unions? What impact had the President’s opposition to this law had? What measures were in place to protect the right to peaceful assembly for lesbian, gay, bisexual, transgender and intersex persons? Would the State party provide training to officials on preventing violence against such persons?
Another Committee Expert asked how many of the proceedings initiated by the Anti-Corruption Agency finished with decisions imposing sanctions? How many State officials had been investigated and convicted for corruption? Were there mechanisms to ensure the Agency’s independence? Could the State party report on the outcome of the corruption cases of the politician Nenad Popović, Finance Minister Siniša Mali, former Health Minister Zlatibor Lončar, and the father of former Interior Minister Nebojša Stefanović?
Responses by the Delegation
The delegation said missing persons were a consequence of armed conflict. More than 35,000 individuals went missing in the territory of the former Yugoslavia. Around 75 per cent of the cases had been resolved, with around 9,000 persons still missing. The State party had pursued new mechanisms and international initiatives to find missing persons. In 2018, it signed a joint declaration to put missing persons on the Balkan Agenda and identify the bodies of around 4,000 persons in morgues in the territories. Serbia had identified 1,000 of these bodies and developed a database on them. The State party was obstructed in its efforts by Croatia and Pristina, which were blocking Serbia from conducting investigations into mass grave on their territories, despite bilateral agreements in this regard. The Washington Agreement, the Brussels Dialogue and other talks had failed to make progress on this issue. All grave sites on Serbian territory had been investigated. The State party had supported investigations of all responsible persons.
The council for the implementation of recommendations of United Nations mechanisms was a government body that included representatives of civil society organizations. It developed indicators on the implementation of recommendations. Different ministries were called on to implement relevant recommendations. The council was currently a coordination body that did not have the mandate to act on individual complaints, but there were plans to give it this mandate in future. The digital database of recommendations could be expanded to include individual complaints. The council was preparing guidelines on implementing the Covenant, among other United Nations human rights treaties. It was also developing training for lawyers on these treaties.
Serbia had made efforts to prevent gender-based violence and domestic violence, and protect women and other vulnerable groups. Legal protections implemented included the law on public peace and order and the law on the prevention of gender-based violence. The latter introduced preventative measures and promoted cooperation between institutions in charge of protecting women. Victims of domestic violence participated in developing protective measures. The State party had trained 2,800 police officers on the prevention of domestic violence. Police immediately assessed risks when domestic violence cases were reported; it implemented temporary protection measures as needed, such as the removal of perpetrators.
Serbia encouraged women to report cases of domestic violence and communicated about the harms of domestic violence. It had adopted a strategy on preventing violence against women in 2022 and was currently developing the related action plan. The law on gender-based violence was still a draft. Its adoption had been delayed by recent elections. Specialised services and safe housing were provided to women victims of violence, and a hotline and application for reporting gender-based violence had been set up. A small number of municipalities had resources to finance counselling for victims, but the State party was working with non-governmental organizations to standardise their counselling services and planned to devote more financial resources to strengthen these services.
The council for aging monitored the implementation of the healthy aging strategy. Measures had been implemented to promote solidarity with the elderly and healthy aging. Campaigns promoting the rights of the elderly had been conducted by the State, and it provided free tickets to cultural facilities for the elderly and classes to develop their technological skills. The largest number of complaints of discrimination were based on nationality, followed by health and age.
Roma coordinators and non-governmental organizations were working to address issues related to the Roma. The Government had intervened to prevent forced displacement of Roma individuals in Belgrade in 2022. The national coordinator for Roma minorities had developed an elective subject on Roma language and culture, which over 300 students had taken. Teaching in Roma language was provided in undergraduate studies at the University of Belgrade.
Serbia had registered the births of around 3,000 persons and hoped to register all unregistered persons by the end of this year. An operational group was in place to respond to individual requests for registration. Training had been provided for judges and around 650 civil servants on birth registration processes and a guidebook had been developed for civil servants on how to register new-borns.
Thirty-four per cent of registered entrepreneurs were female, while 27.3 per cent of board members of companies were women and around 25 per cent of company directors were women. Thirty-nine per cent of women held middle and high managerial positions in 2022, a five per cent increase from 2021. This demonstrated the positive effects of Government measures to promote the improved representation of women in the workforce.
The law on same-sex unions had not been adopted; it was still a draft law. There was resistance in society related to this law. The State party was communicating with the public on the need to regulate same-sex partnerships, stressing that the law was not an attack on traditional values. The State party was trying to fight stereotypes and stigmatisation of the lesbian, gay, bisexual, transgender and intersex community. It always condemned hate speech and hate crimes against this community. The national contact person for hate crimes held meetings among different stakeholders on hate crimes. The Prosecution Service had developed guidelines on applying legislation on hate crimes and protecting vulnerable groups.
The law on public information and media prohibited hate speech in the media based on personal characteristics, providing judicial protections for victims, who could file complaints with the competent courts. The law on electronic media also prohibited hate speech. The regulatory authority could impose sanctions against media bodies that published hate speech and sanctions could also be issued by courts. Awareness raising campaigns were in place to prevent hate speech. The State party had published handbooks on media literacy to enable citizens to critically evaluate media content.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on the existence of specialised units in the police and prosecution dealing with gender-based violence and violence against children; measures to step up investigations of missing persons and ensure the accountability of perpetrators of violations; efforts to shorten the procedure for legal recognition of gender changes; and measures to strengthen police protection of pride parades from right-wing groups, in response to past attacks.
Responses by the Delegation
The delegation said freedom of assembly was guaranteed by the Constitution and national legislation, but it could be curtailed if there were threats to public safety. In some demonstrations, protestors damaged government buildings and inflicted grave injuries on police officers. Police officers used proportionate force in response to these incidents in accordance with the law. Sanctions had been issued to 20 protestors. The police were working with organizations of lesbian, gay, bisexual, transgender and intersex individuals to uphold safety at annual pride parades. Thirteen police officers were injured trying to prevent protesters from attacking one pride parade. In relation to a December 2023 protest in Belgrade, 83 protesters were criminally charged and three police officers were prosecuted for excessive use of force.
The police had zero tolerance for torture and abuse. Conditions had improved in prisons. In 22 cases last year, 22 police officers were found to have used undue force. Most of these officers were suspended.
The State party had developed a national strategy for combatting corruption for the period from 2024 to 2028. The strategy included measures to oversee public procurement and protect whistle-blowers, among others. Competent authorities were currently reviewing the final draft of the strategy. A new law on fighting corruption would be developed under the strategy, and additional resources would be devoted to the agency for fighting corruption, which was independent from the Government. Staff members of the agency had higher salaries than civil servants.
The issue of missing persons could not be restricted to national borders. Most of the missing persons the State was searching for were in Croatia and Kosovo. Over 1,000 grave sites remained undiscovered, and there were an estimated 900 bodies buried in Croatia and 300 in Pristina. The State party lacked fresh information on missing persons, which could be obtained through excavations and satellite images. Serbia was cooperating with the United States, United Nations agencies and other international organizations on searches. The State party hoped to establish a regional coordination body for prosecution services.
Questions by Committee Experts
A Committee Expert asked about the measures taken to bring the definition of torture in line with the Covenant and international standards. From 2020 to 2023, criminal proceedings were brought against 32 police officers related to acts of torture. What were the results of these proceedings? What remedies were offered to victims? The European Committee for the Prevention of Torture had received several allegations of torture and other cruel, inhuman or degrading treatment in Serbia. What measures were in place to ensure that all allegations of torture were investigated and to provide sufficient oversight of police interrogations?
Another Committee Expert said the State party had begun work on an action plan to prevent trafficking in persons and protect victims. Had drafting been completed? What were the key goals of the plan? The Protector of Citizens had flagged the need for a separate law on actions taken by State bodies related to human trafficking. Had the State party agreed to develop this law? What measures were in place to identify victims of human trafficking and to provide sufficient resources to the centre for victims of human trafficking? There were reports of violations of the rights of Vietnamese workers in a tyre factory in the State party. Did the State party intend to carry out a criminal investigation into this incident? How would the State prevent similar incidents in future?
The law on public assembly included restrictions on the freedom of assembly. Which authorities decided whether restrictions should be applied? Were there avenues to challenge restrictions? How did the State party ensure that restrictions were proportionate? Notice of public assemblies needed to be provided five days before assemblies took place. Was there an authorisation procedure? What consequences did activists face if they failed to notify the State of assemblies in advance? Cameras were allegedly used to identify protestors in Belgrade. How did the State party guarantee the right to privacy of protesters?
One Committee Expert said detained persons could reportedly only see lawyers after delivering a statement to the police. What measures were in place to ensure that defence lawyers were always present with detainees when being interrogated? Detainees were reportedly not always informed of their rights to inform a third party of their detention and to access a doctor. Would the State party inform all detainees of all their rights?
The Committee noted the 2023 judicial laws enacted to implement the 2022 Constitutional reform, which strengthened the independence of the judiciary. Prosecutors did not have the majority of votes in the High Prosecutorial Council. How would the State party rectify this and ensure the independence of prosecutors? How were new judges appointed, and what was the process for disciplining judges and assigning them cases? The Committee welcomed the recent law on free legal aid. How many petitions for free legal aid had been granted and how many had been rejected? How many stateless persons had received free legal aid?
Out of 18 applications for registration of religious communities, four were rejected. Why was this? There was a lack of transparency in the registration process and the law on churches and religious communities needed to be aligned with international standards. How would the State party achieve this?
The Committee welcomed the adoption of laws on public information and electronic media, which represented significant improvements in this area. The Committee remained concerned about insufficient media pluralism, the high number of lawsuits against media workers, and the lack of funding for independent media. Attacks on human rights defenders, opposition politicians and journalists had reportedly continued to rise. What outcomes had measures to protect the rights of journalists had? The Court of Appeals in Belgrade had acquitted four State officials in a case on the murder of a journalist in 1999. How did the State ensure due process and accountability in this case? What measures were in place to combat hate speech and uphold freedom of expression?
A Committee Expert said since 2008, half of persons who received asylum status left Serbia, which showed there were problem related to their integration. Why, out of 4,216 official asylum applicants, were only 235 were granted asylum in 16 years, even though 75 per cent of applicants originated from Syria and Afghanistan? How would the State party ensure effective access to formal legal asylum procedures; prevent cases of ill-treatment, non-refoulement and collective expulsions; and ensure accountability for those who violated the rights of refugees, asylum seekers and migrants?
Some foreign nationals had reportedly been extradited based on politically motivated charges to unsafe countries. Did such foreigners have access to appeals? Did the State party intend to assign new staff to the Asylum Office trained to assess asylum applications and to ensure that the Administrative Court had trained judges in the field of international human rights law? Would the State party amend the law on asylum and temporary protection to introduce quality standards for asylum centres? Would it establish procedures for the assessment of special reception needs of vulnerable persons and establish an official age assessment procedure for children? When did Serbia intend to implement a dedicated statelessness determination procedure?
How would the State party bring the draft law on internal affairs in line with the Covenant? Would the delegation comment on reports of personal data from criminal investigations being repeatedly leaked by the authorities to certain tabloids? How many persons were investigated, prosecuted and sanctioned for this offence?
What was the status of complaints brought before the Constitutional Court requesting the partial or full annulment of the last parliamentary elections? What were the results of investigations into allegations of pressure on voters, vote-buying, and abuse of public resources? Would the State party establish a unique voter register and a more robust and transparent verification process for electoral lists? How would the State party ensure secrecy of voting and implement effective measures to prevent irregularities such as unauthorised persons monitoring voters? How did legislation establish sufficient oversight of elections? In the 2023 elections, how many seats were won by national minorities and members of the Roma community? How would the State party increase the participation of national minorities in public affairs?
Responses by the Delegation
The delegation said the State party had developed an investigation mechanism for cases of abuse. A State committee had been established on the prevention of torture. The Ministry of Interior had taken steps to implement the recommendations of the European Commission against Torture and relevant United Nations bodies. Time limits on detention for pre-trial detainees had been shortened and detention conditions had been improved in line with European standards. Interrogation rooms had been equipped with video surveillance and the State party was developing a by-law regulating police interrogation of detainees.
Serbia had ratified all international instruments prohibiting torture. Serbia sanctioned torture under those conventions. The Public Prosecutor took actions to investigate allegations of torture ex-officio as necessary. Prisons had to inform authorities of all allegations of torture by prisoners. All injuries to prisoners were photographed by medical doctors. A manual on United Nations conventions and the Istanbul Protocol had been developed for prisons, and training was also conducted for prison officials on the prevention for torture. No excessive use of force by officials in prisons was tolerated.
Legislation on rape was not currently harmonised with the Istanbul Convention. The State party planned to amend the Criminal Code to address this. The Working Group on amending the Criminal Code was currently in session. It was considering introducing a provision on femicide. The police directorate had a unit for the suppression of sexual and gender-based violence and officers trained to deal with women victims of violence.
Public assemblies could not be held in front of schools, hospitals and other buildings important for public safety. Assemblies such as fairs and funerals did not need to be announced and peaceful spontaneous assemblies were permitted. Authorities could forbid assemblies if they jeopardised public security. Decisions to forbid assemblies could be appealed to a secondary body within the Ministry of Interior. Three hundred unnotified public assemblies had been held in the reporting period.
In 2023, 26,000 people were detained in Serbia due to misdemeanours for 24 to 48 hours. The most common misdemeanours were traffic offences. Pre-trial detainees were separated from other detainees. Detainees had the right to speak with lawyers and the authorities could not listen to these conversations. Detainees also had the right to be checked by a doctor. The State party had improved electronic records on detained persons. The Protector of Citizens had conducted 103 unannounced visits to police stations in the past three years, finding that there had been an improvement in how police treated detainees.
Officers were not currently allowed to use informatic tools to identify facial characteristics, but there was a proposal to give police powers to use such tools only to identify criminals in the most severe crimes.
The Government had established an Anti-Human Trafficking Council, which had decided to develop a new national strategy on human trafficking for 2024 to 2029 with an accompanying action plan. The Government had appointed a National Coordinator for Fighting Human Trafficking and increased the capacities of centres and shelters for victims of human trafficking. The national strategy was currently being finalised. It aimed to strengthen inspection services to identify victims. The State party took a multi-disciplinary approach to investigating labour exploitation. Investigations into the case involving Vietnamese workers in a tyre factory were underway.
The provision of asylum was regulated by the law on temporary protection and asylum, which had been harmonised with international standards. A new draft of the law was currently being considered. The State party had adopted regulations that allowed asylum seekers to travel freely and seek employment while their asylum processes were ongoing. The Constitutional Court had determined that 17 refugees from Afghanistan had been collectively expunged to Bulgaria in 2017. The State party would take necessary steps to prevent such incidents from occurring in future.
Health and protection services, legal aid, hygiene facilities and clothing were provided in asylum centres. These centres were monitored by the national preventive mechanism for the prevention of torture, to which asylum seekers could lodge complaints of mistreatment. There were separate centres for unaccompanied minors. All asylum seeker children were included in the mandatory education system within three months and were provided with support to learn Serbian language. Assessments of vulnerability were mandatory at reception centres. All refugees had access to integration support services. The State party had amended the law on nationality to allow refugees to obtain Serbian nationality.
The Government was strongly committed to strengthening freedom of expression. A working group was preparing a new media strategy. The organisation and finances of the media regulatory body had been strengthened. Criteria for appointing members of the body had been made stricter. New legislation also promoted pluralism of the media and established public media registers, which contained data on media ownership. In 2023, 1,987 media organizations, around 96 per cent of applicants, were registered.
Three members of parliament were members of the Roma community. Serbia had seven political parties registered as Roma minority parties. There were representatives of Roma within all levels of Government. A special coordination body had been established to improve the status of the Roma minority. The State party had implemented several measures to integrate the Roma in public life and promote their employment. There had been an increase in the employment rate of the community in recent years.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on the roles and powers of the rapporteur on human trafficking, and training provided to migration officials and labour inspectors to identify victims of human trafficking; whether persons in airport transit zones had access to interpreters; measures taken to address the alleged failures of the 2023 election; and whether the State party intended to align the definition of torture in national legislation with that of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment.
Concluding Remarks
TOMISLAV ZIGMANOV, Minister for Human and Minority Rights and Social Dialogue of Serbia and head of the delegation, said Serbia was determined to protect human rights. The Committee had asked complex questions that addressed the issues the State party was facing. The delegation hoped that it had provided useful information on the implementation of civil and political rights in Serbia. The State party faced challenges in terms of gender equality. In response, it had developed a methodology for calculating women’s unpaid labour, and it aimed to implement a remuneration scheme in future. In the useful dialogue, Serbia had reaffirmed its commitment to implementing the Covenant. The State party would work to implement the Committee’s concluding observations and protect the human rights of vulnerable groups.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the members of the delegation for their professionalism. Issues discussed in the dialogue included Serbia’s legal framework; missing persons, historical crimes and the fight against impunity; hate crimes; lesbian, gay, bisexual, transgender and intersex rights; violence against women and domestic violence; eradication of slavery and human trafficking; the state of emergency; anti-corruption measures; the right to peaceful assembly; the prohibition of torture; access to justice; the independence of the judiciary; freedom of expression; and participation in public affairs. The Committee was determined to ensure the highest possible degree of implementation of the Covenant in Serbia.
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