COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF REPUBLIC OF SERBIA

Committee on the Rights
of the Child

27 May 2008



The Committee on the Rights of the Child today considered the initial report of the Republic of Serbia on the implementation of the provisions of the Convention on the Rights of the Child in that country.

Zoran Loncar, Minister of Education of the Republic of Serbia and Head of the Delegation, said that the report on the implementation of the Convention covered a complex period in the history of the Republic of Serbia, marked by significant changes of the state system and the constitutional order. Regardless of the changes in the state system and character of the state, the Republic of Serbia had ensured the mechanisms of human and minority rights protection and the administration of international treaties on human and minority rights within its legal system. Mr. Loncar referred primarily to the adoption of the new Constitution of the Republic of Serbia in 2006, which guaranteed a wide range of human and minority rights. He drew the attention of the Committee to the particular problem relating to the implementation of the Convention in part of the Republic of Serbia, i.e. in the Autonomous Province of Kosovo and Metohija, where the Republic of Serbia was unable to implement and monitor the implementation of the Convention. The report therefore contained no information about these parts of the Republic of Serbia.

In her preliminary concluding remarks, Maria Herzog, the Committee Expert serving as Co-Rapporteur for the report, thanked the delegation for its hard work. It seemed that all the issues could be tackled in the future, and she therefore encouraged the delegation to consider all the details mentioned by the Committee in due course of today’s discussion. She also valued the openness of the members of the delegation and the constructive dialogue.

At the beginning of the meeting, Jean Zermatten, the Committee Expert serving as Rapporteur for the report of the Republic of Serbia, said that the documents from the Republic of Serbia were clear, readable and followed the guidelines of the Committee. However, the Committee did not have the impression that the Convention issues were at the forefront of the agenda of the modernization process. Concerns existed towards the physical security of children and the lack of programmes to fight violence and to reduce aggressiveness, in particular verbal. The Committee also noted high levels of poverty and discrimination.

Concerns by other Experts centred on, among other things, the direct applicability of the Convention and the compliance of national laws; the effectiveness, budget and mandate of the Council on the Rights of the Child, the National Plan of Action for Children and the Ombudsman’s office; early childhood development and daycare provisions; the high level of violence against children; the situation of the Roma and Roma children; registration issues, in particular in rural areas; formal and informal care for children; health education in schools; child labour and inspection units for the situation of children at the workplace; the right to citizenship; child poverty; child trafficking and domestic violence; low education achievements and low school enrolment; and universal access to health care.

The Committee will release its formal, written concluding observations and recommendations on the reports of the United States towards the end of its three-week session, which will conclude on Friday, 6 June.

The delegation of the Republic of Serbia also included other representatives from the Ministry of Education, the Permanent Mission of the Republic of Serbia to the United Nations Office at Geneva, the Ministry of Religion, the Ministry of Health, the Ministry of Youth and Sports, the Judicial Training Centre, the Office of Human and Minority Rights of the Government of the Republic of Serbia, the Ministry for Kosovo and Metohija, the Ministry of Justice, the Ministry of the Interior; the Office of the Commissioner for Refugees, the Ministry of Labour and Social Policy; and the Ministry of Foreign Affairs.

When the Committee next reconvenes in public, at 10 a.m. on Thursday, 29 May, it will take up the initial report of Sierra Leone (CRC/C/SLE/1).

Report of Republic of Serbia

According to the initial report of the Republic of Serbia (CRC/C/SRB/1), which covers a reporting period from 1992- 2005, the Constitution of the Federal Republic of Yugoslavia, the Charter on Human Minority Rights and Civil Liberties, and the Constitution of the Republic of Serbia in particular address the rights of the child in the highest legal documents of Serbia/SCG/FRY as a part of general measures of implementation of the Convention next to their normative base enshrined in a range of international agreements. Institutional protection of the rights of the child is ensured through the Council for the Rights of the Child of the Government of the Republic of Serbia, courts, the Provincial Ombudsman, and the Ombudsman.

With regard to children’s health, water accessibility has been improved, but the issue of its quality is still a reason for concern. Although the majority of large water supply systems are in operation, many of them work not even near full capacity. Concerning children members of minority groups, in line with the Law on Protection of Rights and Freedoms of National Minorities, members of national minorities are guaranteed the right to education and guidance in their language in institutions of pre-school, primary and secondary education. In the Republic of Serbia education for national minorities is organized in three ways – in their mother tongue; bilingual and in Serbian.

Introduction of Report

ZORAN LONCAR, Minister of Education of the Republic of Serbia and Head of the Delegation, said that the report on the implementation of the Convention on the Rights of the Child covered a complex period in the history of the Republic of Serbia, marked by significant changes of the state system and the constitutional order.

Regardless of the changes in the state system and character of the state, the Republic of Serbia has ensured the mechanisms of human and minority rights protection and the administration of international treaties on human and minority rights within its legal system. Mr. Loncar referred primarily to the adoption of the new Constitution of the Republic of Serbia in 2006, which guaranteed a wide range of human and minority rights. The Republic of Serbia was particularly committed to respect for the rights of the child. The Constitution of the Republic of Serbia precisely guaranteed various rights of the child and guaranteed the incitement of respect for diversities by special measures in education, culture, public information as well as the prohibition and sanctions for all kinds of cause and incitement of racial, national, religious or other discrimination. The laws adopted in the Republic of Serbia contained in their provisions the solutions and mechanisms to act in the best interests of the child. A Council on the Rights of the Child was established in 2002 as an advisory governmental body and a National Action Plan for Children had been adopted in 2004 as the plan for all activities and measures aiming to improve the status of the rights of the child.

Mr. Loncar drew the attention of the Committee to the particular problem relating to the implementation of the Convention in part of the Republic of Serbia, i.e. in the Autonomous Province of Kosovo and Metohija, where the Republic of Serbia was unable to implement and monitor the implementation of the Convention. The report therefore contained no information about these parts of the Republic of Serbia. He stressed that the overall status of human rights in Kosovo and Metohija was not satisfactory, and was especially worrisome concerning disrespect for elementary human rights of the members of non-Albanian communities. Almost all relevant articles of the Convention were not applied in Kosovo and Metohija. He suggested the Committee should examine how the Convention was implemented in Kosovo and Metohija.

The Minister concluded by stating that despite an adequate legal framework and positive practices, the Republic of Serbia still faced problems in the implementation of the Convention, as the country was still facing the consequences of the conflicts in the region, economic sanctions, NATO military actions against the Republic of Serbia as well as a large number of refugees among others. He emphasized that the Republic of Serbia remained committed to efforts to make further progress in the democratization process and to meet international obligations and standards.

Questions by Experts

JEAN ZERMATTEN, the Committee Expert serving as Rapporteur for the Report of the Republic of Serbia, welcomed the initial report which had been eagerly awaited, and said that the Committee was fully aware of the situation in the Republic of Serbia. The documents from the Republic of Serbia were clear, readable and followed the guidelines of the Committee. The Committee was particularly grateful for new legislation which had been enacted to enhance the protection of the rights of the child. It was also pleased about the structural changes in the establishment of the Council on the Rights of the Child and was looking forward to the implementation of the National Action Plan for Children.

However, the Committee did not have the impression that the Convention issues were at the forefront of the agenda of the modernization process. Concerns existed towards the physical security of children, the lack of programmes to fight violence and programmes to reduce aggressiveness, in particular verbal. The Committee also noted high levels of poverty and discrimination. The new Constitution should permit the leaders of the Republic of Serbia to give the Convention the right place, not by goodwill but by respecting all the obligations it had committed itself to in ratifying the Convention, in particular a rights based approach.

He asked if the Convention was directly applicable in the Republic of Serbia, and if national courts had already made use of it. Were national laws in compliance with the Convention, in particular laws established before the country’s reform process which was still in force?

Concerning coordination, Mr. Zermatten asked the delegation for clarification of the effectiveness, budget and mandate of the Council on the Rights of the Child, the National Action Plan for Children and the Ombudsman’s offices. Pointing out the lack of transparency on children’s share in the budget, he asked for clarification on the budgetary questions, and which strategy the Government was applying for poverty reduction. Concerning cooperation with non-governmental organizations (NGOs), what role did they play in the report drafting process and was there legislation governing the relationship between the Republic of Serbia and NGOs? Which sectors were NGOs involved in?

MARIA HERZOG, the Committee Expert Serving as Co-Rapporteur for the Report of the Republic of Serbia, said that many good changes had been noticed by the Committee in the Republic of Serbia. She wondered about the theoretical basis of data collection and how it was collected. The Committee was very concerned about discrimination against children, which was closely related to poverty issues and exclusion and which led to a lack of support for minority children in particular. How did the Government plan to address issues related to poverty, such as social exclusion of women and girls in rural areas and the consequences of high illiteracy. More information was requested on circumstances and sanitary conditions in schools? How could a comprehensive National Action Plan for Children be developed integrating all existing legislation and regulations. What was the policy to strengthen and support families? Were there policy plans to strengthen early childhood development, daycare provisions and the scary level of violence against children?

Other questions by the Committee Experts on the first four clusters of the Convention related to the role and relationship between the national and regional Ombudsmen; awareness among youth of the provisions of the Convention and youth participation; application of the Convention in national laws; the status and situation of the Roma; the right to identity and birth registration, in particular disparities between children in rural and urban areas and concerning Roma; plans to further implement children’s rights in national laws in the light of the not yet fully harmonized national legislation; incompatibilities between the rights of the child and the Constitution; the high rate of child deaths, in particular by accidents and suicide, and intentions by the State party regarding the right to life; the embedment of the principle of the best interests of the child into national laws and policies; institutions dealing with family and gender equality issues; and the need for a focal ministry in charge to uphold and encounter all the rights of the children in the Republic of Serbia.

Answers by the Delegation

In their answers, the delegation said that the Republic of Serbia applied a multi-disciplinary approach to the protection of the rights of the child. As such, no specific institution dealing exclusively with the rights of the child existed. There were Ombudsmen at the national level and for the province of Vojvodina and at the local level. The institution of the national ombudsman was established last and was still taking its first steps. A Deputy Ombudsman for children had not yet been appointed and the decision depended on parliament’s approval. The office of the national Ombudsman had independent executive powers and its own budget, but the allocation of funds for children also depended on a decision by parliament. The delegation stressed that the office of the national ombudsman played the most important role, which meant that the finalization of its establishment was of utmost importance. The provinces of Kosovo and Metohija also included Ombudsmen, who would produce reports on the status of human rights in these areas.

Concerning legal issues, international agreements were directly applicable in the Republic of Serbia, the delegation said. Laws contrary to ratified international treaties had to be amended or new laws adopted. Concerning harmonization and standards applied in the new laws, the standards of the Convention had been incorporated in family and family relations law, the law on churches and religious communities, the law on minors and other laws. Special sessions in the trainings of judges, prosecutors and other legal professionals focused on the rights of the child. In the drafting of these laws, the Ministry of Justice had involved and consulted non-governmental organizations (NGOs) and the Judicial Training Centre. The Supreme Court had not yet directly implemented the Convention, but there were binding opinions of the Supreme Court which showed that the court was moving towards the acceptance of the standards of the Convention. However, the conservative nature, slow change and impact of change of the Supreme Court had to be taken into account; slow changes were taking place and more focus was being placed on the victims of violations of the rights of the child. Certain breakthroughs were made in terms of witness status and involvement. Though there had been vagueness in the implementation and a lack of national laws in the 1990s there was no resistance against the Convention, but one could rather speak of a prudent and cautious approach.

With regards to the participation of youth, the delegation connected this to the national strategy against violence against children, which was to be adopted. In further elaborating programmes under the strategy, these would be presented in monetary terms in order to ensure resources being set aside for their implementation. Specific objectives also related to non-violent communication.

Turning to education, the delegation said that each teacher in junior grade had one class, and each class studied a book on children’s rights. The Government also focused on continuous education for teachers, with budget resources of about 80 million Dinars (approximately 1 million Euros) being allocated for training of the 100,000 teaching staff.

Concerning the question of data collection, the Government had consulted NGOs and other international institutions for support and suggestions for the preparation of the report. However, some NGOs had not taken part in the preparation. In order to raise awareness of the Convention, public dissemination of information about its provisions to different ministries was a current activity. The prohibition and elimination of all discrimination and violence against women was a primary concern. The information on these issues was translated into minority languages. Regarding the situation of national minorities, the delegation said that the affiliation to a nationality was not compulsory in the Republic of Serbia. There was data and information at the local level on members of minority groups which the Government could use. These minority groups, including Muslims, Buddhists and Jews, enjoyed rights such as right of name and the provision of education in their language. It was also not compulsory to express religious affiliation in public. There was a problem concerning the protection of personal data, as the draft law on the protection of personal data and personality was not adopted yet. More progress had to be made in this direction, such as the introduction of a right to the constitutional appeal for citizens and children to the Constitutional Court. The Constitution contributed to the protection of these rights in reality.

In order to reach the most vulnerable groups of children, including the Roma, to ensure universal birth registration, the delegation stressed that the review of the national strategy on the promotion of the Roma including four action plans was on its way. A law on register books had been drafted, providing solutions to the large non-registration of children of internally displaced persons and Roma, such as their registration at the place they were living at that time.

Turning to the issue of discrimination against persons, in particular children with disabilities, an anti-discrimination law on disabled persons was adopted in compliance with European standards. The Republic of Serbia had also signed the Convention on the Rights of Persons with Disabilities, and was waiting for ratification by the Government. It was a multi-disciplinary, multi-sectoral issue which was addressed through various promotion and awareness raising measures. In the field of legislation, education, social protection and employment, issues on children with disabilities were addressed.

Further Questions by the Experts

Further questions by the Experts concentrated on formal and informal care for children; health education in schools; after school sports and leisure activities; child centered learning measures; and child labour and inspection units for the situation of children in the workplace.

Other questions related to the right to citizenship; rights of the parents; information on the 273,000 children receiving children’s allowance; child poverty in the national poverty reduction strategy; amendments to the criminal code to reduce the minimum penalty for child trafficking and domestic violence; children in care because of poverty of the parents; low education achievements and low school enrolment; and universal access to health care.

Answers by the Delegation

Responding to these questions and others, the delegation of the Republic of Serbia said that the poverty reduction strategy covered all the areas involving children. As regards the media, there was an evident problem in terms of violations of privacy. Certain laws were in place which limited the rights of broadcasting and protected the privacy of children; increasing caution was exercised to prevent exposing children in media coverage. Court proceedings involving minors could be held in private, however, there had been media coverage on such proceedings, an issue which the Government had tried to address.

There were affirmative action plans in place, with scholarships for children from poor areas and Roma children. Roma children were covered by the school system as far as possible; however the early drop out of schools was a sociological problem that needed to be dealt with. Measures such as bonus points were created in order to enroll those children in secondary schools. The number of Roma students, all of whom could receive scholarships after passing a certain threshold, was rising as a consequence of the affirmative action programmes. Because of the different languages used in Roma communities, the task of the education system was the reintegration of Roma children into the school system, and to teach them in their Roma language. The Government had offered four models concerning learning in minority languages, however, the problem was the lack of teachers who could teach in the Roma language. Curricula in the Republic of Serbia had not reached the desired level yet and the Government was attempting to design new curricula. The NGO sector was included in the Council for the Rights of the Child, and was involved in the preparation of new curricula and local action plans for children, including with support from UNICEF.

Within the combat against poverty, programmes existed that focused specifically on children. The mortality rate of infants had been decreasing and as such followed the Millennium Goals, excluding Roma children, whose rate of mortality was much higher than the rate of Serbian children. In addition to the right of each citizen, even those who were not registered, to health care during the delivery of babies, baby friendly hospitals specifically for pregnant Roma women had been established. The problem lay in the registration of the newly born babies, in particular in the Roma population. The Roma Health Mediator as a new institution had the role to communicate with the Roma about the possibilities of health care. The control of pregnant Roma women was also rather bad and the lack of residence registry caused further problems regarding after-birth home visits by nurses.

Regarding health care for children, primary health care was provided in 158 institutions, with one doctor covering 698 pre-school children and 1,570 children at the school level. Children under 15 and students and unemployed children over 18 up to the age of 26 had free health care. Concerning education, joint programmes existed regarding sexual transmitted diseases, such as HIV/AIDS. Children without parental care were placed in institutions for education. The right to counseling and medical care was related to the right to privacy, so that any child after the age of 15 could get medical advice and intervention from a doctor without consent from the parents.

The Ombudsman could enter and inspect health care institutions based on a complaint by any citizen. In addition, each health institution had an Ombudsman for patients’ rights. There were no records of suicide of children, but only general data.

Concerning religions, the Islamic population in Serbia amounted to about 240,000 people. Two secondary religious schools for Muslims existed, with students receiving scholarships of 50 Euros by the Government. In the south of Serbia, all text books were available in Albanian, and for the first time grade textbooks in the Roma language existed. Around 0.01 percent of the population were Jews, however, there were no Jewish students enrolled in religious schools. Religious instructions were introduced to children and parents, including shared instructions for better understanding and communication, developing tolerance and respect for minority rights. By definition, a national minority in the Republic of Serbia could include religious, national or ethnic groups.

Preventive actions were taken regarding the abuse of drugs, narcotics and alcohol among minors. Concerning violence, a multi-sectoral approach was needed. Special attention was placed on the adoption of new laws, and training for children under 18 who had been violent and children who had been victims of violence was part of a new national strategy against violence. A general protocol against violence against children had also been adopted, and a clearer procedure and treatment by different ministries had been drafted. School inspectors, pedagogues and teachers were specifically trained in dealing with minors. There was a mandatory reporting law concerning doctors in cases of child abuse.

Concerning children with disabilities, the ratification of the Convention on the Rights of Persons with Disabilities was expected for today after the formation of the new Government. The present documents and regulations should be amended according to the definition of disabled persons recognizing mental and physical disabilities. There was no data base on disabled children, but the Government had initiated a series of pilot projects in order to identify the best data collection. One of the major goals for the Government was the institutionalization of disabled children, with a number of activities and projects already being implemented.

On institutionalization of children, only the courts could take a decision on the separation of children from their families. In emergency situations, the social welfare centers could make a decision; however, within three days the relevant ministry had to be informed. Once a decision had been taken by the judge, social workers looked for foster families and undertook regular compulsory check ups on the children. The standardization of services, including social welfare services, had been highlighted in recent months. Professionals faced difficulties when deciding on placement of children, and as such, alternative care solutions in cooperation with the biological parents were approached by the Government. Children were heard in the decision of the placement in an institution or alternative places. A temporary custodian was allocated to children who could not make a decision about their placement in an institution.

A national strategy concerning youth defined youth as being between 18 to 30 years old. As part of the modernization of the system, a law was enacted, which specifically addressed offenders who were minors. The age limit for criminal liability was 14. In specific circumstances, if proceedings were instituted against a minor, he/she could be detained. As of today, 21 minors were detained, mostly in Belgrade. According to the law, alternatives to detention were decisions by judges to place the minor in a shelter, custodian authority or another family. However, there was need to cover these minors with educational programmes with other minors. Certain criteria were developed and communicated to judges regarding the situation in which minors could be placed into detention with adults. The new criminal code, which entered into force in 2006, included an increase of punishments for criminal acts. Concerning family violence, the punishment remained the same, as well as the case law and the attitude of the courts remained the same.

Preliminary Concluding Remarks

MARIA HERZOG, the Committee Expert Serving as Co-Rapporteur to the Report of the Republic of Serbia, in preliminary concluding remarks, thanked the delegation for its hard work. It seemed that all the issues could be tackled in the future, and she therefore encouraged the delegation to consider all the details mentioned by the Committee in due course of today’s discussion. She also valued the openness of the members of the delegation and the constructive dialogue.
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