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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS INITIAL REPORT OF SERBIA AND MONTENEGRO
03 May 2005
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Committee on Economic, Social
and Cultural Rights
3 May 2005
The Committee on Economic, Social and Cultural Rights completed its review today of the initial report of Serbia and Montenegro on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Dejan Sahovic, Permanent Representative of Serbia and Montenegro to the United Nations Office at Geneva, who said the report, which covered the period from 1992 to 2002, covered a very complex period marked by ethnic conflicts, isolation, broken relations with neighbours and the international community, internal instability and constitutional reconstruction. This was a period of economic decline, disintegration of old structures and the beginning of a transition from the communist/socialist into market-oriented system. The period before 2000 was a period of widespread violations of human rights, irrespective of the accepted international commitments. In both Montenegro and in Serbia, a number of laws relevant to the implementation of economic, social and cultural rights had been adopted since 2000.
Generally, the human rights situation in Kosovo and Metohija was grave, including with regard to economic, social and cultural rights, Mr. Sahovic stated. Discrimination of ethnic groups, in particular members of the Serbian community, was widespread, including in the areas of work, education, health, and social security rights. In this view, the Government of Serbia and Montenegro suggested that the Committee call upon the United Nations Interim Administration Mission in Kosovo (UNMIK) to submit a report, to be reviewed by the Committee.
Over the course of the discussion, which was held over three meetings, there was an exchange between the 18-member Committee and the delegation from Serbia and Montenegro on issues including unemployment; persons with disabilities; domestic violence; human trafficking; child labour, especially among Roma children; adequate housing; health care measures, in particular for mentally ill persons; access to education; and poverty reduction measures.
Several Experts raised a number of questions pertaining to the Roma, internally displaced persons and refugees in Serbia and Montenegro. Issues of concern included the right of these vulnerable groups to education, housing and employment. The delegation noted that the rate of poverty for the Roma, for example, was five times higher than that of the rest of the population in Serbia and Montenegro. The Ministry for Human and Minority Rights had prepared a strategy for integration and empowerment of the Roma. The Government had also adopted special action plans for their education, employment, health care and social security.
The Committee will issue its concluding observations and recommendations on the initial report of Serbia and Montenegro at the end of its three-week session on 13 May.
Members of the delegation for Serbia and Montenegro included Representatives of the Ministry of Foreign Affairs of Serbia and Montenegro; the Ministry of Human Rights and Minority Rights of Serbia and Montenegro; the Ministry of Health of Montenegro; the Ministry of Labour, Employment and Social Policy of Serbia; the Ministry of Environmental Protection and Physical Planning of Montenegro; the Ministry of Foreign Affairs of Montenegro; and the Permanent Mission of Serbia and Montenegro to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin it review of the fourth periodic report of Norway (E/C.12/4/Add.14).
Report of Serbia and Montenegro
The initial report of Serbia and Montenegro (E/1990/5/Add.61) is broken down into two parts. Part one deals with the Federal Republic of Yugoslavia and the Republic of Serbia, and part two addresses the situation in Montenegro. The Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro provides for greater guarantees of rights and freedoms recognized by the International Covenant on Economic, Social and Cultural Rights and, in that context, stipulates that the human and minority rights guaranteed are enjoyed directly in accordance with the Constitutional Charter of the State. The Charter of Human and Minority Rights and Civil Liberties guarantees the right to free choice of work, and the State's Law on Basic Principles of Labour Relations stipulates that foreign nationals and stateless persons may take up employment under the same conditions provided for the citizens of the State. In the Federal Republic of Yugoslavia and the Republic of Serbia, the right to trade union organization and the freedom of its activity is guaranteed by law, and the right to strike is fully guaranteed. Moreover, the Charter of Human and Minority Rights and Civil Liberties guarantees social security and social insurance to everyone permanently residing in the State Union. In the State, a child is allowed to work at the age of 15, but, according to the report, this seldom happens, because qualification for work/employment is acquired only with the completion of secondary education (at age 18). Some children under 18 work, but that is usually in farm households.
At the beginning of the 1990s, macroeconomic indicators showed a decline in industrial output, retail and exports, the report states. A sharp drop in national income by republics and provinces resulted in increased unemployment, erosion of living standards, growing poverty and rapid accumulation of social problems. After the changes that occurred in the country in 2000, the competent authorities took a series of measures to determine the situation in the country regarding poverty. The Constitution of the Republic of Serbia recognizes the right to education, free of charge, to all individuals who acquire their secondary, higher and university education through the regular educational system. Under the Law on Primary Education, all children of primary school age are obliged to attend primary school, which is available free of charge. Moreover, the laws on primary and secondary education prescribe the general conditions necessary to carry out the syllabuses and curricula in minority languages.
Montenegro, the report asserts, is a democratic, social and ecological State where sovereignty belongs to its citizens. The problems of poverty, social marginalization and social exclusion have been present in the territory as a consequence of the events of the last decade and even longer. In December 1999, the World Bank and the International Monetary Fund approved a new approach to poverty reduction with the goal to, among other things, reduce the unemployment rate and improve the situation of internally displaced persons and refugees. With respect to education at all levels and to employment policy, every school and each employment position is equally open to both men and women who meet the prescribed requirements. Moreover, citizens in Montenegro are granted freedom of political, trade union and other forms of association and activity. The health-care policy in Montenegro to 2020 includes a framework for legislative, programme and other concrete activities aimed at making health care more efficient and improving its quality, as well as integrating the health-care system of Montenegro into European and worldwide processes on health-care development.
Presentation of Report
DEJAN SAHOVIC, Permanent Representative of Serbia and Montenegro to the United Nations Office at Geneva, said that by the adoption of the Constitutional Charter, following the constitution of the State of Serbia and Montenegro in February 2003, a thorough internal transformation took place; among other things, the name the Federal Republic of Yugoslavia was changed to Serbia and Montenegro. All portfolios that were relevant to the implementation of the International Covenant on Economic, Social and Cultural Rights belonged to the members of the State Union – Serbia and Montenegro. However, the overall coordination in the field of human rights had generally been preserved within the jurisdiction of the State Union, within the Ministry for Human and Minority Rights. The Charter on Human and Minority Rights and Civil Liberties, which was the basic legal act in the area of human rights, was a document adopted at the level of the State Union and was an integral part of the Constitutional Charter of Serbia and Montenegro. The Court of Serbia and Montenegro was also a part of a common system of protection of human rights.
The report, which covered the period from 1992 to 2002, covered a very complex period marked by ethnic conflicts, isolation, broken relations with neighbours and the international community, internal instability and constitutional reconstruction, Mr. Sahovic said. This was a period of economic decline, disintegration of old structures and the beginning of a transition from the communist/socialist into market-oriented system. The period before 2000 was a period of widespread violations of human rights, irrespective of the accepted international commitments. The integration of the State into the international community was manifested in the accession to a large number of international treaties, as well as an implementation of the provisions of a number of international treaties. Significant changes had been made in domestic legislation as well, contributing to enhancement and the protection of human rights.
As far as economic, social and cultural rights were concerned, the Charter on Human and Minority Rights specifically enshrined for example the right to work, social security, education, health care, and the right to freedom of association. Also, in both Montenegro and in Serbia, a number of laws relevant to the implementation of economic, social and cultural rights were adopted since 2000, he said. Among other things, the Office of the Ombudsman was established in Serbian AP Vojvodina in 2002 and in Montenegro in 2003, as an additional mechanism for the protection of human rights.
Turning to the situation in Kosovo and Metohija, Mr. Sahovic said this area had been under the United Nations Interim Administration Mission in Kosovo (UNMIK) since June 1999 and that Security Council resolution 1244, which established that presence, recognized that the territory of Kosovo and Metohija was part of the territory of Serbia and Montenegro; therefore, the Covenant was applicable in this province. The territory was entirely within UNMIK prerogatives. The report, therefore, did not contain any information regarding the implementation of the Covenant in Kosovo and Metohija.
Generally the human rights situation in Kosovo and Metohija was grave, including with regard to economic, social and cultural rights, Mr. Sahovic stated. Discrimination against ethnic groups, in particular members of the Serbian community, was widespread, including in the areas of work, education, health, and social security rights. In this view, the Government of Serbia and Montenegro suggested to the Committee to call upon UNMIK to submit a report, to be reviewed by the Committee.
In closing, Mr. Sahovic said the people of Serbia and Montenegro were still suffering from the negative legacy of the 1990s during which respect for economic, social and cultural rights sharply deteriorated in comparison to the time of the former Socialist Federal Republic of Yugoslavia, when these rights were fairly well established and promoted. On a positive side, a number of reforms were underway which were intended to bring about an improvement of the legal systems and practices of Serbia and Montenegro, including economic, social and cultural rights.
Questions by Experts on the General Framework of the Covenant; Non-Discrimination; and Equality Between Men and Women
While noting that the Constitution of Kosovo had no reference to the International Covenant on Economic, Social and Cultural Rights, an Expert asked for clarification of that absence. He also asked for an explanation as to why the State chose not to establish a national plan of action on human rights, as recommended by the World Conference on Human Rights in 1993. Information was also sought on examples where there had been a direct application of the Covenant in courts of the State.
Concerning Kosovo, other Experts supported the delegation's call to request the United Nations Interim Administration Mission in Kosovo (UNMIK) to submit a supplementary report to the Committee on the implementation of the Covenant in that province. Moreover, they called on UNMIK to make reference to the Covenant in the Constitution of Kosovo.
While drawing attention to the problem of internally displaced persons in Serbia and Montenegro, a number of Experts noted that a significant portion of them originated from Kosovo. In that regard, they asked for measures taken by the State to uphold the promotion and protection of their human rights and what difficulties had been posed by the State party to address their needs in Serbia and Montenegro. The same information was sought for the situation of refugees.
Concerning reported cases of discrimination against the Roma, an Expert noted that there had been numerous reports of discriminatory acts being perpetrated against this significant part of the population. He asked for more information in that regard, in particular with a view of the State's Strategy for the Integration and Empowerment of the Roma. Another Expert referred to the European Roma Rights Centre, which called on Serbia and Montenegro to establish appropriate human rights legislation to address the needs of these people. In that regard he asked whether there were plans for the State to adopt legislation in this regard.
Another Expert asked the delegation for an explanation as to why there was no general anti-discrimination legislation in the State and also about a lack of judiciary practices in this field. She asked whether the State had intended to adopt an anti-discriminatory law.
An Expert asked whether national policy-makers recognized Serbia and Montenegro as a multinational/cultural State and whether that had been incorporated into the national legislation and Constitution of the State.
Other Experts asked questions pertaining to the role of non-governmental organizations in drafting the report; information on the impact of the measures adopted to alleviate poverty in the State; cases of vandalism and the State's actions to combat that problem; the State's intention to establish a strategy to address the situation of gender balance; clarification of the ethnicity of residents in Montenegro and what measures were in place to address their needs; the independence of the judiciary and allegations of corruption; and the Office of the Ombudsman.
Response by Delegation
In response to questions raised on Kosovo, the delegation noted that the Constitution of Kosovo was mainly drafted by officials of the United Nations Interim Administration Mission in Kosovo (UNMIK) and officials from the region.
Concerning a proposed national plan of action on human rights as called for by the World Conference on Human Rights in 1993, the delegation noted that the former Government had been of the view not to establish such an institution although the view of the current Government was contrary to that. On a similar note, the draft law on the establishment of an Office of the Ombudsman in Serbia was still pending, the delegation noted, and it was hoped that it would be adopted soon.
As to court cases where the Covenant had been applied in Serbia and Montenegro, the delegation said there had been no such cases thus far. One of the possible reasons for this was due to the ongoing reform of the judicial system.
Regarding the non-participation of non-governmental organizations in the preparation of the report under review, the delegation said the draft report was prepared during the period of transformation from the Federal Republic of Yugoslavia into Serbia and Montenegro. The authorities had recommended that non-governmental organizations should prepare alternative reports.
On the State's measures to combat poverty, the delegation noted that the poverty reduction strategies of both Serbia and Montenegro had been adopted in 2003 and over the past year national teams had been established to monitor the progress and implementation of the strategies. A conference had been held in February 2004 in the poorest region in Serbia and Montenegro, which presented the results of a survey on standards of living in 2003 that indicated that the overall poverty rate in Serbia and Montenegro was 10.5 per cent; unemployment was the main source of poverty at large. The results of the survey indicated that by 2015 a stable middle class would be formed with an improved quality of a standard of living. One of the aims of the strategy was to increase the quality and coverage of social and security rights.
Concerning the situation of Roma, refugees and internally displaced persons in Serbia and Montenegro, the delegation said there were three strategies that the Government had introduced to address the problems facing these vulnerable groups: the poverty reduction strategy, a national strategy on refugees, and a national action plan for the Roma decade. All three strategies referred to these people as vulnerable groups.
Montenegro had been faced with a wave of refugees in the 1990s and internally displaced persons from Kosovo and Metohija in 1998-1999, and at these points in time the population had increased by some 15 per cent. The number of refugees stood at 8,400 and 18,000 were deemed to be internally displaced from Kosovo and Metohija. All of these persons had the right to fully enjoy rights and security, including access to health and education systems. These rights had remained in place by a political decision of the Government and would be verified through the implementation of international conventions. The law on asylum was currently being drafted as well as the law on foreign citizens. The State also envisaged integrating some of these refugees and internally displaced persons into the local population.
With regards to the situation of Roma, who were mostly displaced from Kosovo, the delegation noted that in 1991 there were some 3,100 Roma. They enjoyed all the rights established by the Republic of Montenegro and were integrated within the State. Presently, the Roma population in Montenegro amounted to some 20,000 and according to non-governmental organizations 6,000. The basic source of income in such households was in the "grey economy". International organizations, including United Nations agencies, had assisted by building settlements and taking other measures to improve the Roma living conditions. Roma also had the right to benefit from social security. Moreover, every year the number of Roma children in the education system was increasing, although the Roma population was four to five times poorer compared to the mainstream portion of the population. The Ministry for Human and Minority Rights had prepared a strategy for integration and empowerment of the Roma. The Government had adopted in January this year special action plans for education, employment health care and social security. Among other things, housing units had been constructed with the assistance of the international community for Roma in Belgrade.
The delegation noted that there were some 235,000 internally displaced persons in Serbia and Montenegro, for which programmes had been adopted both in Montenegro and the Republic of Serbia. Strategies embraced a series of measures contained in the area of economic, social and cultural rights. Only an estimated 11,000 of these persons had returned to Kosovo, among them 5,000 Serbians, due to security and living conditions, the delegation added.
Questions Raised by Experts on the Right to Work; the Right to Conditions of Work; Trade Union Rights; and the Right to Social Security
An Expert asked for additional information on the situation of unemployment and the Government's plans to combat this problem. He also asked if there was an intention for the Government to increase its efforts in terms of vocational training. Information was also sought on whether there were certain requirements that internally displaced persons had to fulfil to obtain legal work in Serbia and Montenegro.
An Expert mentioned that four to six per cent of those working in the private sector were unionized, whereas 60 to 80 per cent of those working in State-run industries were in trade unions. He asked for information in that regard.
Other questions related to the employment policies for disabled persons; unemployment rates; pensions for internally displaced persons; old aged pensions, given that it was reportedly 20 per cent of regular pension rates; pensions for old-aged farmers; the right to strike; the intention of the State to accede to the ILO’s Convention on Minimum Employment Standards; equal remuneration for men and women; minimum wage standards; laws on gender equality in the workplace; and social security schemes.
Among the follow-up questions asked by Experts was one on the situation of employment for Roma and internally displaced persons, whom, according to an Expert, had more difficulty in accessing jobs than other persons in society.
Response by Delegation
On the situation of internally displaced persons, the delegation noted in general terms that Serbia and Montenegro did not pursue as a matter of policy any measures that would use or misuse the situation of internally displaced persons to pressure the international community for any gain. These persons were entitled to all rights afforded to other citizens in the territory and it was their decision if they wanted to return to their places of origin.
In response to questions raised on employment and unemployment, the delegation noted that Serbia in April this year had adopted a policy on unemployment, which constituted a basis for the adoption of action plans for employment for certain regions in the State. The framework in which this policy would be pursued took into consideration the improvement of education, the possibility to adequately respond to the needs of the production process, and gender equality, among other things. Special attention was also paid to self-employment ventures and grants were envisaged and resources would be allocated for credit lines for such purposes. Vocational training in foreign languages would also be conducted as an additional measure. The most recent data showed that there were 859,000 unemployed persons out of which 466,000 were women. Women were also targeted especially in training courses to improve their employment possibilities. Furthermore, the law on unemployment and insurance provided for the possibility to exercise this right. Employed persons and job-seekers could request the protection of their rights if they felt they were discriminated against in any way.
As for disabled persons, the national strategy combated discrimination against all vulnerable groups, including disabled persons, and helped enhance employment opportunities for them through specialized training. A campaign was also underway aimed at removing all physical public barriers in the way of persons with disabilities.
With respect to minimum wage, the delegation noted that the minimum wage was calculated at least two times a year by the socio-economic council for each region of the Republic of Serbia on the basis of the local cost of living. The current minimum wage was approximately 45 per cent of the average net wage. Regarding equal treatment for men and women, equal pay for equal work irrespective of gender was the State’s overall policy.
Concerning the representation of women in decision-making positions, the delegation noted that as per the law on elections, 30 per cent of the candidates on party tickets had to be women in order for the ballots to be valid; 7.94 per cent of Government representatives in Serbia were women; and out of the 250 members of the National Assembly, 30 were women. Moreover, at least 30 per cent of the State's education boards had to be made up of women representatives.
As for the employment of internally displaced persons, the delegation said internally displaced persons were employed under the same conditions as compared to all other citizens of Serbia and Montenegro. The Foreign Ministry of Serbia and Montenegro had prepared a list of 21 ILO conventions which were earmarked for ratification.
Concerning social security and pension benefits, the delegation noted that there was a total of 92,870 pensioners in the Republic of Serbia; of them 42,000 were old-aged pensioners, 28,400 were persons with disabilities; and 29,300 were family pensioners. On the financial sustainability of the social security system, the amendments to the laws on pension and disability insurance that took place in 2003 led to arrangements with a view to reducing the deficit to the pension and insurance funds. This has led to improved allowances and entitlements for older persons. Moreover, changes were made in over 120 municipalities where entitlements had been lower than the State average to bring them up to par with this national standard.
As for pensions for internally displaced persons and refugees, the delegation noted that there were bilateral agreements entered into on social security and the issue of pensions; one example was an agreement with Croatia last year concerning the Krajina region. In absence of sufficient maintenance, internally displaced persons often relied on support from international organizations in this regard.
Regarding questions on trade unions, the delegation said the Ministry of the Interior had a branch trade union which protected the rights of the employees. With relation to Serbia, trade unions needed to be registered with the Ministry of Labour; 19,000 had been registered in the Republic of Serbia out of which about 16,000 trade unions were active. Moreover, there was no barrier to trade unions being established for police forces.
In response to a question, the delegation said Roma children had mostly been employed in the "grey labour" market. As for the right to work of internally displaced persons, the delegation noted that the Charter on Human and Minority Rights aimed at providing equal opportunities for all citizens in Serbia and Montenegro, including internally displaced persons. They added that 10 to 15 per cent of internally displaced persons had formal employment, and 35 to 40 per cent worked only in the "grey labour" market. A number of action plans had been put into action as an effort to encourage companies to employ refugees, internally displaced persons and Roma. Moreover, the poverty reduction strategies focused largely on the education of internally displaced persons in accordance with the needs of the labour market.
Questions by Experts on the Protection of the Family, Mothers and Children; the Right to an Adequate Standard of Living; and the Right to Physical and Mental Health
An Expert asked for additional information on trafficking in women and girls for the purpose of prostitution, adding that it was alleged that some members of the police were involved in these acts.
Experts asked a number of questions on poverty rates in Serbia and Montenegro. One Expert referred to statistics for the period covering 1999 to 2001 which indicated that nine per cent of the population was undernourished and 70 per cent was living below the poverty line. Others asked for information on poverty and Roma.
A number of Experts asked for information on reported cases of forced evacuation of Roma and whether efforts were being made by the Government to provide alternative housing for them. According to a report by the United Nations High Commissioner for Refugees, an Expert added, most of those who had been evicted from their homes were residing in illegal settlements which, among other things, gave rise to a number of social setbacks including loss of employment and education.
In terms of institutional care for children, an Expert asked whether the poverty of parents could qualify children to be placed in institutional care. Other information in that regard was also sought.
Experts asked other questions on domestic violence; the health care system; the definition of the family in Serbia and Montenegro and family law; legislation on sexual orientation; the number of homeless persons; access to drinking water; child abuse; and Roma children, among other things. An Expert asked if the State had any plans to eradicate all forms of forced labour, especially involving Roma children.
As a follow up, an Expert asked what steps had been taken by the State to improve access to health care in rural areas, especially given the large number of refugees from Kosovo in these areas. He also sought additional information on the situation of HIV/AIDS in Serbia and Montenegro.
Response by Delegation
On the issue of domestic violence, the delegation said that as per the law of the Republic of Serbia on Criminal Procedure amended in 2002, domestic violence was considered a criminal offence punishable by up to five years imprisonment. Many efforts had been made by the State to curtail such acts. Within the first six months of the amended law, 108 criminal cases of this type were registered of which 85 dealt with women and 23 dealt with violence against children. Nearly 300 cases were registered in 2003 which indicated that the law was having a positive effect. Moreover, awareness raising seminars and campaigns had been undertaken to draw attention to this phenomenon.
Women and children suffered from brutal forms of violence largely due to conditions of poverty, the delegation noted, in response to a question. The new Family Law of the Republic of Serbia came into effect in February this year. It addressed cases of domestic violence and defined family members who were deserving of protection measures, including court restraining orders for perpetrators of such acts of violence. A general protocol had also been prepared on child abuse.
Concerning child labour, the delegation noted that Serbia and Montenegro had ratified the ILO convention on the elimination of the worst forms of child labour and in that connection the Ministry of Labour and Social Policy, in cooperation with non-governmental organizations, had launched a project called “Child Labour” intended to place a special emphasis on vulnerable children in adherence of the ILO instrument.
As to Roma children, the State’s action plan on Roma was linked to the causes of poverty among the Roma and an absence of education. The reasons why Roma children did not attend school were multifold, including the lack of funds to buy textbooks, a lack of motivation and a language barrier. The Roma action plan placed an emphasis on the inclusion of literacy of Roma children and training of Roma youth in the education system, establishment of Roma associations, and establishment of Roma cultural centres, among other things. Most of the Roma who were employed were engaged in unskilled work. Many Roma children took to the streets to beg. Attempts were being made to include these children in the formal education system and to assist their parents to obtain permanent jobs.
Concerning trafficking in human beings in Montenegro, the delegation said this act had been made a criminal offence by amendments to laws in 2002. A Working Group comprised of various Government officials was also formed to address this issue. The Ministry of the Interior had adopted a decision in 2004 to establish a special expert team to combat human trafficking which had relationships with local and national police forces, international agencies, including the United Nations, and non-governmental organizations. As a result, a great amount of attention had been paid to this issue. Moreover, a number of agreements had been entered into between Serbia and Montenegro and neighbouring countries, as well as UNMIK. In Montenegro, 32 cases were registered in 2003 and nine cases were registered in 2004.
In response to questions raised on the Roma, the delegation noted that poverty was five times higher among the Roma than the rest of the population in Serbia and Montenegro. Among the measures taken to address the situation of the Roma was the Law on Rights and Freedoms of National Minorities, out of which came the Roma National Council which was established in May 2003. This led to a series of action plans on education, health, housing and employment. For the school year 2003 to 2004, free textbooks were provided for over 6,000 Roma children and scholarships were also provided for Roma students at secondary and university level.
With regard to housing, the delegation noted there was a deficit of housing in Serbia mainly due to a large influx of internally displaced persons and refugees. This, in turn, led to the illegal construction of several housing projects. Over the past year and a half, steps had been taken by the State, in cooperation with the United Nations Economic Commission for Europe, for drafting a study on the housing sector which would lead to a revised housing policy of the State. A draft law on social housing was also expected to be adopted by the end of this month. Moreover, research was being conducted on the possibility of the integration of Roma in Serbia. The research determined that there were 393 Roma settlements in Serbia, the majority of which were in urban areas. The delegation added that it had no knowledge of forced evictions of Roma from Montenegro. A large number of internally displaced persons had also been accommodated in collective centres and family settlements in Montenegro.
As for child care measures, the delegation said the State had taken several steps to accommodate children without parental care in social welfare institutions; the intention of the State was to increase the number of children to be placed in foster care, to increase resources for this purpose, and to introduce special insurance for parents who receive these children. Some 3,000 children had been placed in such families. Moreover, there was a total of 1,800 orphans registered in Serbia and Montenegro. The poverty reduction strategy of the State had identified these children as a vulnerable group and this had resulted in the creation of councils as well as strategies to address the needs of these children.
Following the war of the 1990s, the delegation noted, many people in the Balkan region were troubled by post trauma disorders and as a result mental illness rates increased. A number of projects for mental health were instituted as a means of improving the situation of these individuals. Strategies, action plans and laws were also put into effect with the intention of upholding the rights of mental patients in Serbia and Montenegro.
Concerning access to clean drinking water, the delegation noted that the poor quality of water continued to be a problem and the State was taking actions to improve this situation; 88 per cent of homes in Montenegro and 67 per cent of the population in Serbia were connected to central plumbing. Moreover, 88 per cent of refugees households overall had access to plumbing.
Accessible health care to all was the State policy of Serbia and Montenegro, the delegation said in response to a question. Community health centres were set up throughout the country; health insurance schemes were also expanded to rural communities and resources were collected to help subsidize insurance. Refugees and internally displaced persons were also beneficiaries of the State’s health care system.
Questions by Experts on the Right to Education and Cultural Rights
An Expert asked for information on the two per cent of students not registered in the primary school system. He also asked for additional information on the State’s education reform and what its results had been.
An Expert asked for supplementary information on the enrolment rate of Roma students throughout the country, while another Expert asked what specific steps had been taken to encourage Roma youth to enrol in school, especially in terms of changing attitudes.
A member of the Committee asked what measures had been taken by Serbia and Montenegro to remedy reported discrimination in the education system and whether there was a subject that would make it possible for children to overcome prejudices and to embrace a culture a peace and tolerance.
Other Experts asked for information on strikes by teachers in Serbia and Montenegro, school drop out rates and the "brain drain" phenomenon.
Response by Delegation
Concerning exclusion attitudes, the delegation agreed that there was a dire need to make more efforts to educate the population to change attitudes and behaviour through the education system. The subject of promoting tolerance was introduced at the primary school level as a means of promoting a culture of reconciliation and tolerance.
In response to a question, the delegation said there was a Department on Albanian language at the State's University in Montenegro.
The Constitution guaranteed that languages of national minorities in Serbia and Montenegro could be taught, the delegation said. The Law on Human and Minority Rights led to the creation of 12 national minority councils in the Republic of Serbia. A variety of minority language textbooks had also been introduced into the main school system. In Serbia and Montenegro instructions were available in Albanian, Croatian, Hungarian, Slovak, Romanian and in the Roma language. The purpose was to uphold the cultural identity of national minorities in Serbia and Montenegro.
Concerning refugee children, the delegation noted that the network of associates in the field along with the UNHCR had been monitoring the engagement of all refugee children in the State's school system while taking into consideration their special needs.
As for strikes by teachers in Serbia and Montenegro, the delegation said there was no possibility of increasing the salary of teachers by 30 per cent as they had requested. Only an increase of eight per cent was possible.
On school drop out rates among Roma children, the delegation said the national strategy on Roma aimed not only to enrol Roma children but also to keep them in school.
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This press release is not an official record and is provided for public information.
and Cultural Rights
3 May 2005
The Committee on Economic, Social and Cultural Rights completed its review today of the initial report of Serbia and Montenegro on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report was Dejan Sahovic, Permanent Representative of Serbia and Montenegro to the United Nations Office at Geneva, who said the report, which covered the period from 1992 to 2002, covered a very complex period marked by ethnic conflicts, isolation, broken relations with neighbours and the international community, internal instability and constitutional reconstruction. This was a period of economic decline, disintegration of old structures and the beginning of a transition from the communist/socialist into market-oriented system. The period before 2000 was a period of widespread violations of human rights, irrespective of the accepted international commitments. In both Montenegro and in Serbia, a number of laws relevant to the implementation of economic, social and cultural rights had been adopted since 2000.
Generally, the human rights situation in Kosovo and Metohija was grave, including with regard to economic, social and cultural rights, Mr. Sahovic stated. Discrimination of ethnic groups, in particular members of the Serbian community, was widespread, including in the areas of work, education, health, and social security rights. In this view, the Government of Serbia and Montenegro suggested that the Committee call upon the United Nations Interim Administration Mission in Kosovo (UNMIK) to submit a report, to be reviewed by the Committee.
Over the course of the discussion, which was held over three meetings, there was an exchange between the 18-member Committee and the delegation from Serbia and Montenegro on issues including unemployment; persons with disabilities; domestic violence; human trafficking; child labour, especially among Roma children; adequate housing; health care measures, in particular for mentally ill persons; access to education; and poverty reduction measures.
Several Experts raised a number of questions pertaining to the Roma, internally displaced persons and refugees in Serbia and Montenegro. Issues of concern included the right of these vulnerable groups to education, housing and employment. The delegation noted that the rate of poverty for the Roma, for example, was five times higher than that of the rest of the population in Serbia and Montenegro. The Ministry for Human and Minority Rights had prepared a strategy for integration and empowerment of the Roma. The Government had also adopted special action plans for their education, employment, health care and social security.
The Committee will issue its concluding observations and recommendations on the initial report of Serbia and Montenegro at the end of its three-week session on 13 May.
Members of the delegation for Serbia and Montenegro included Representatives of the Ministry of Foreign Affairs of Serbia and Montenegro; the Ministry of Human Rights and Minority Rights of Serbia and Montenegro; the Ministry of Health of Montenegro; the Ministry of Labour, Employment and Social Policy of Serbia; the Ministry of Environmental Protection and Physical Planning of Montenegro; the Ministry of Foreign Affairs of Montenegro; and the Permanent Mission of Serbia and Montenegro to the United Nations Office at Geneva.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin it review of the fourth periodic report of Norway (E/C.12/4/Add.14).
Report of Serbia and Montenegro
The initial report of Serbia and Montenegro (E/1990/5/Add.61) is broken down into two parts. Part one deals with the Federal Republic of Yugoslavia and the Republic of Serbia, and part two addresses the situation in Montenegro. The Charter of Human and Minority Rights and Civil Liberties of the State Union of Serbia and Montenegro provides for greater guarantees of rights and freedoms recognized by the International Covenant on Economic, Social and Cultural Rights and, in that context, stipulates that the human and minority rights guaranteed are enjoyed directly in accordance with the Constitutional Charter of the State. The Charter of Human and Minority Rights and Civil Liberties guarantees the right to free choice of work, and the State's Law on Basic Principles of Labour Relations stipulates that foreign nationals and stateless persons may take up employment under the same conditions provided for the citizens of the State. In the Federal Republic of Yugoslavia and the Republic of Serbia, the right to trade union organization and the freedom of its activity is guaranteed by law, and the right to strike is fully guaranteed. Moreover, the Charter of Human and Minority Rights and Civil Liberties guarantees social security and social insurance to everyone permanently residing in the State Union. In the State, a child is allowed to work at the age of 15, but, according to the report, this seldom happens, because qualification for work/employment is acquired only with the completion of secondary education (at age 18). Some children under 18 work, but that is usually in farm households.
At the beginning of the 1990s, macroeconomic indicators showed a decline in industrial output, retail and exports, the report states. A sharp drop in national income by republics and provinces resulted in increased unemployment, erosion of living standards, growing poverty and rapid accumulation of social problems. After the changes that occurred in the country in 2000, the competent authorities took a series of measures to determine the situation in the country regarding poverty. The Constitution of the Republic of Serbia recognizes the right to education, free of charge, to all individuals who acquire their secondary, higher and university education through the regular educational system. Under the Law on Primary Education, all children of primary school age are obliged to attend primary school, which is available free of charge. Moreover, the laws on primary and secondary education prescribe the general conditions necessary to carry out the syllabuses and curricula in minority languages.
Montenegro, the report asserts, is a democratic, social and ecological State where sovereignty belongs to its citizens. The problems of poverty, social marginalization and social exclusion have been present in the territory as a consequence of the events of the last decade and even longer. In December 1999, the World Bank and the International Monetary Fund approved a new approach to poverty reduction with the goal to, among other things, reduce the unemployment rate and improve the situation of internally displaced persons and refugees. With respect to education at all levels and to employment policy, every school and each employment position is equally open to both men and women who meet the prescribed requirements. Moreover, citizens in Montenegro are granted freedom of political, trade union and other forms of association and activity. The health-care policy in Montenegro to 2020 includes a framework for legislative, programme and other concrete activities aimed at making health care more efficient and improving its quality, as well as integrating the health-care system of Montenegro into European and worldwide processes on health-care development.
Presentation of Report
DEJAN SAHOVIC, Permanent Representative of Serbia and Montenegro to the United Nations Office at Geneva, said that by the adoption of the Constitutional Charter, following the constitution of the State of Serbia and Montenegro in February 2003, a thorough internal transformation took place; among other things, the name the Federal Republic of Yugoslavia was changed to Serbia and Montenegro. All portfolios that were relevant to the implementation of the International Covenant on Economic, Social and Cultural Rights belonged to the members of the State Union – Serbia and Montenegro. However, the overall coordination in the field of human rights had generally been preserved within the jurisdiction of the State Union, within the Ministry for Human and Minority Rights. The Charter on Human and Minority Rights and Civil Liberties, which was the basic legal act in the area of human rights, was a document adopted at the level of the State Union and was an integral part of the Constitutional Charter of Serbia and Montenegro. The Court of Serbia and Montenegro was also a part of a common system of protection of human rights.
The report, which covered the period from 1992 to 2002, covered a very complex period marked by ethnic conflicts, isolation, broken relations with neighbours and the international community, internal instability and constitutional reconstruction, Mr. Sahovic said. This was a period of economic decline, disintegration of old structures and the beginning of a transition from the communist/socialist into market-oriented system. The period before 2000 was a period of widespread violations of human rights, irrespective of the accepted international commitments. The integration of the State into the international community was manifested in the accession to a large number of international treaties, as well as an implementation of the provisions of a number of international treaties. Significant changes had been made in domestic legislation as well, contributing to enhancement and the protection of human rights.
As far as economic, social and cultural rights were concerned, the Charter on Human and Minority Rights specifically enshrined for example the right to work, social security, education, health care, and the right to freedom of association. Also, in both Montenegro and in Serbia, a number of laws relevant to the implementation of economic, social and cultural rights were adopted since 2000, he said. Among other things, the Office of the Ombudsman was established in Serbian AP Vojvodina in 2002 and in Montenegro in 2003, as an additional mechanism for the protection of human rights.
Turning to the situation in Kosovo and Metohija, Mr. Sahovic said this area had been under the United Nations Interim Administration Mission in Kosovo (UNMIK) since June 1999 and that Security Council resolution 1244, which established that presence, recognized that the territory of Kosovo and Metohija was part of the territory of Serbia and Montenegro; therefore, the Covenant was applicable in this province. The territory was entirely within UNMIK prerogatives. The report, therefore, did not contain any information regarding the implementation of the Covenant in Kosovo and Metohija.
Generally the human rights situation in Kosovo and Metohija was grave, including with regard to economic, social and cultural rights, Mr. Sahovic stated. Discrimination against ethnic groups, in particular members of the Serbian community, was widespread, including in the areas of work, education, health, and social security rights. In this view, the Government of Serbia and Montenegro suggested to the Committee to call upon UNMIK to submit a report, to be reviewed by the Committee.
In closing, Mr. Sahovic said the people of Serbia and Montenegro were still suffering from the negative legacy of the 1990s during which respect for economic, social and cultural rights sharply deteriorated in comparison to the time of the former Socialist Federal Republic of Yugoslavia, when these rights were fairly well established and promoted. On a positive side, a number of reforms were underway which were intended to bring about an improvement of the legal systems and practices of Serbia and Montenegro, including economic, social and cultural rights.
Questions by Experts on the General Framework of the Covenant; Non-Discrimination; and Equality Between Men and Women
While noting that the Constitution of Kosovo had no reference to the International Covenant on Economic, Social and Cultural Rights, an Expert asked for clarification of that absence. He also asked for an explanation as to why the State chose not to establish a national plan of action on human rights, as recommended by the World Conference on Human Rights in 1993. Information was also sought on examples where there had been a direct application of the Covenant in courts of the State.
Concerning Kosovo, other Experts supported the delegation's call to request the United Nations Interim Administration Mission in Kosovo (UNMIK) to submit a supplementary report to the Committee on the implementation of the Covenant in that province. Moreover, they called on UNMIK to make reference to the Covenant in the Constitution of Kosovo.
While drawing attention to the problem of internally displaced persons in Serbia and Montenegro, a number of Experts noted that a significant portion of them originated from Kosovo. In that regard, they asked for measures taken by the State to uphold the promotion and protection of their human rights and what difficulties had been posed by the State party to address their needs in Serbia and Montenegro. The same information was sought for the situation of refugees.
Concerning reported cases of discrimination against the Roma, an Expert noted that there had been numerous reports of discriminatory acts being perpetrated against this significant part of the population. He asked for more information in that regard, in particular with a view of the State's Strategy for the Integration and Empowerment of the Roma. Another Expert referred to the European Roma Rights Centre, which called on Serbia and Montenegro to establish appropriate human rights legislation to address the needs of these people. In that regard he asked whether there were plans for the State to adopt legislation in this regard.
Another Expert asked the delegation for an explanation as to why there was no general anti-discrimination legislation in the State and also about a lack of judiciary practices in this field. She asked whether the State had intended to adopt an anti-discriminatory law.
An Expert asked whether national policy-makers recognized Serbia and Montenegro as a multinational/cultural State and whether that had been incorporated into the national legislation and Constitution of the State.
Other Experts asked questions pertaining to the role of non-governmental organizations in drafting the report; information on the impact of the measures adopted to alleviate poverty in the State; cases of vandalism and the State's actions to combat that problem; the State's intention to establish a strategy to address the situation of gender balance; clarification of the ethnicity of residents in Montenegro and what measures were in place to address their needs; the independence of the judiciary and allegations of corruption; and the Office of the Ombudsman.
Response by Delegation
In response to questions raised on Kosovo, the delegation noted that the Constitution of Kosovo was mainly drafted by officials of the United Nations Interim Administration Mission in Kosovo (UNMIK) and officials from the region.
Concerning a proposed national plan of action on human rights as called for by the World Conference on Human Rights in 1993, the delegation noted that the former Government had been of the view not to establish such an institution although the view of the current Government was contrary to that. On a similar note, the draft law on the establishment of an Office of the Ombudsman in Serbia was still pending, the delegation noted, and it was hoped that it would be adopted soon.
As to court cases where the Covenant had been applied in Serbia and Montenegro, the delegation said there had been no such cases thus far. One of the possible reasons for this was due to the ongoing reform of the judicial system.
Regarding the non-participation of non-governmental organizations in the preparation of the report under review, the delegation said the draft report was prepared during the period of transformation from the Federal Republic of Yugoslavia into Serbia and Montenegro. The authorities had recommended that non-governmental organizations should prepare alternative reports.
On the State's measures to combat poverty, the delegation noted that the poverty reduction strategies of both Serbia and Montenegro had been adopted in 2003 and over the past year national teams had been established to monitor the progress and implementation of the strategies. A conference had been held in February 2004 in the poorest region in Serbia and Montenegro, which presented the results of a survey on standards of living in 2003 that indicated that the overall poverty rate in Serbia and Montenegro was 10.5 per cent; unemployment was the main source of poverty at large. The results of the survey indicated that by 2015 a stable middle class would be formed with an improved quality of a standard of living. One of the aims of the strategy was to increase the quality and coverage of social and security rights.
Concerning the situation of Roma, refugees and internally displaced persons in Serbia and Montenegro, the delegation said there were three strategies that the Government had introduced to address the problems facing these vulnerable groups: the poverty reduction strategy, a national strategy on refugees, and a national action plan for the Roma decade. All three strategies referred to these people as vulnerable groups.
Montenegro had been faced with a wave of refugees in the 1990s and internally displaced persons from Kosovo and Metohija in 1998-1999, and at these points in time the population had increased by some 15 per cent. The number of refugees stood at 8,400 and 18,000 were deemed to be internally displaced from Kosovo and Metohija. All of these persons had the right to fully enjoy rights and security, including access to health and education systems. These rights had remained in place by a political decision of the Government and would be verified through the implementation of international conventions. The law on asylum was currently being drafted as well as the law on foreign citizens. The State also envisaged integrating some of these refugees and internally displaced persons into the local population.
With regards to the situation of Roma, who were mostly displaced from Kosovo, the delegation noted that in 1991 there were some 3,100 Roma. They enjoyed all the rights established by the Republic of Montenegro and were integrated within the State. Presently, the Roma population in Montenegro amounted to some 20,000 and according to non-governmental organizations 6,000. The basic source of income in such households was in the "grey economy". International organizations, including United Nations agencies, had assisted by building settlements and taking other measures to improve the Roma living conditions. Roma also had the right to benefit from social security. Moreover, every year the number of Roma children in the education system was increasing, although the Roma population was four to five times poorer compared to the mainstream portion of the population. The Ministry for Human and Minority Rights had prepared a strategy for integration and empowerment of the Roma. The Government had adopted in January this year special action plans for education, employment health care and social security. Among other things, housing units had been constructed with the assistance of the international community for Roma in Belgrade.
The delegation noted that there were some 235,000 internally displaced persons in Serbia and Montenegro, for which programmes had been adopted both in Montenegro and the Republic of Serbia. Strategies embraced a series of measures contained in the area of economic, social and cultural rights. Only an estimated 11,000 of these persons had returned to Kosovo, among them 5,000 Serbians, due to security and living conditions, the delegation added.
Questions Raised by Experts on the Right to Work; the Right to Conditions of Work; Trade Union Rights; and the Right to Social Security
An Expert asked for additional information on the situation of unemployment and the Government's plans to combat this problem. He also asked if there was an intention for the Government to increase its efforts in terms of vocational training. Information was also sought on whether there were certain requirements that internally displaced persons had to fulfil to obtain legal work in Serbia and Montenegro.
An Expert mentioned that four to six per cent of those working in the private sector were unionized, whereas 60 to 80 per cent of those working in State-run industries were in trade unions. He asked for information in that regard.
Other questions related to the employment policies for disabled persons; unemployment rates; pensions for internally displaced persons; old aged pensions, given that it was reportedly 20 per cent of regular pension rates; pensions for old-aged farmers; the right to strike; the intention of the State to accede to the ILO’s Convention on Minimum Employment Standards; equal remuneration for men and women; minimum wage standards; laws on gender equality in the workplace; and social security schemes.
Among the follow-up questions asked by Experts was one on the situation of employment for Roma and internally displaced persons, whom, according to an Expert, had more difficulty in accessing jobs than other persons in society.
Response by Delegation
On the situation of internally displaced persons, the delegation noted in general terms that Serbia and Montenegro did not pursue as a matter of policy any measures that would use or misuse the situation of internally displaced persons to pressure the international community for any gain. These persons were entitled to all rights afforded to other citizens in the territory and it was their decision if they wanted to return to their places of origin.
In response to questions raised on employment and unemployment, the delegation noted that Serbia in April this year had adopted a policy on unemployment, which constituted a basis for the adoption of action plans for employment for certain regions in the State. The framework in which this policy would be pursued took into consideration the improvement of education, the possibility to adequately respond to the needs of the production process, and gender equality, among other things. Special attention was also paid to self-employment ventures and grants were envisaged and resources would be allocated for credit lines for such purposes. Vocational training in foreign languages would also be conducted as an additional measure. The most recent data showed that there were 859,000 unemployed persons out of which 466,000 were women. Women were also targeted especially in training courses to improve their employment possibilities. Furthermore, the law on unemployment and insurance provided for the possibility to exercise this right. Employed persons and job-seekers could request the protection of their rights if they felt they were discriminated against in any way.
As for disabled persons, the national strategy combated discrimination against all vulnerable groups, including disabled persons, and helped enhance employment opportunities for them through specialized training. A campaign was also underway aimed at removing all physical public barriers in the way of persons with disabilities.
With respect to minimum wage, the delegation noted that the minimum wage was calculated at least two times a year by the socio-economic council for each region of the Republic of Serbia on the basis of the local cost of living. The current minimum wage was approximately 45 per cent of the average net wage. Regarding equal treatment for men and women, equal pay for equal work irrespective of gender was the State’s overall policy.
Concerning the representation of women in decision-making positions, the delegation noted that as per the law on elections, 30 per cent of the candidates on party tickets had to be women in order for the ballots to be valid; 7.94 per cent of Government representatives in Serbia were women; and out of the 250 members of the National Assembly, 30 were women. Moreover, at least 30 per cent of the State's education boards had to be made up of women representatives.
As for the employment of internally displaced persons, the delegation said internally displaced persons were employed under the same conditions as compared to all other citizens of Serbia and Montenegro. The Foreign Ministry of Serbia and Montenegro had prepared a list of 21 ILO conventions which were earmarked for ratification.
Concerning social security and pension benefits, the delegation noted that there was a total of 92,870 pensioners in the Republic of Serbia; of them 42,000 were old-aged pensioners, 28,400 were persons with disabilities; and 29,300 were family pensioners. On the financial sustainability of the social security system, the amendments to the laws on pension and disability insurance that took place in 2003 led to arrangements with a view to reducing the deficit to the pension and insurance funds. This has led to improved allowances and entitlements for older persons. Moreover, changes were made in over 120 municipalities where entitlements had been lower than the State average to bring them up to par with this national standard.
As for pensions for internally displaced persons and refugees, the delegation noted that there were bilateral agreements entered into on social security and the issue of pensions; one example was an agreement with Croatia last year concerning the Krajina region. In absence of sufficient maintenance, internally displaced persons often relied on support from international organizations in this regard.
Regarding questions on trade unions, the delegation said the Ministry of the Interior had a branch trade union which protected the rights of the employees. With relation to Serbia, trade unions needed to be registered with the Ministry of Labour; 19,000 had been registered in the Republic of Serbia out of which about 16,000 trade unions were active. Moreover, there was no barrier to trade unions being established for police forces.
In response to a question, the delegation said Roma children had mostly been employed in the "grey labour" market. As for the right to work of internally displaced persons, the delegation noted that the Charter on Human and Minority Rights aimed at providing equal opportunities for all citizens in Serbia and Montenegro, including internally displaced persons. They added that 10 to 15 per cent of internally displaced persons had formal employment, and 35 to 40 per cent worked only in the "grey labour" market. A number of action plans had been put into action as an effort to encourage companies to employ refugees, internally displaced persons and Roma. Moreover, the poverty reduction strategies focused largely on the education of internally displaced persons in accordance with the needs of the labour market.
Questions by Experts on the Protection of the Family, Mothers and Children; the Right to an Adequate Standard of Living; and the Right to Physical and Mental Health
An Expert asked for additional information on trafficking in women and girls for the purpose of prostitution, adding that it was alleged that some members of the police were involved in these acts.
Experts asked a number of questions on poverty rates in Serbia and Montenegro. One Expert referred to statistics for the period covering 1999 to 2001 which indicated that nine per cent of the population was undernourished and 70 per cent was living below the poverty line. Others asked for information on poverty and Roma.
A number of Experts asked for information on reported cases of forced evacuation of Roma and whether efforts were being made by the Government to provide alternative housing for them. According to a report by the United Nations High Commissioner for Refugees, an Expert added, most of those who had been evicted from their homes were residing in illegal settlements which, among other things, gave rise to a number of social setbacks including loss of employment and education.
In terms of institutional care for children, an Expert asked whether the poverty of parents could qualify children to be placed in institutional care. Other information in that regard was also sought.
Experts asked other questions on domestic violence; the health care system; the definition of the family in Serbia and Montenegro and family law; legislation on sexual orientation; the number of homeless persons; access to drinking water; child abuse; and Roma children, among other things. An Expert asked if the State had any plans to eradicate all forms of forced labour, especially involving Roma children.
As a follow up, an Expert asked what steps had been taken by the State to improve access to health care in rural areas, especially given the large number of refugees from Kosovo in these areas. He also sought additional information on the situation of HIV/AIDS in Serbia and Montenegro.
Response by Delegation
On the issue of domestic violence, the delegation said that as per the law of the Republic of Serbia on Criminal Procedure amended in 2002, domestic violence was considered a criminal offence punishable by up to five years imprisonment. Many efforts had been made by the State to curtail such acts. Within the first six months of the amended law, 108 criminal cases of this type were registered of which 85 dealt with women and 23 dealt with violence against children. Nearly 300 cases were registered in 2003 which indicated that the law was having a positive effect. Moreover, awareness raising seminars and campaigns had been undertaken to draw attention to this phenomenon.
Women and children suffered from brutal forms of violence largely due to conditions of poverty, the delegation noted, in response to a question. The new Family Law of the Republic of Serbia came into effect in February this year. It addressed cases of domestic violence and defined family members who were deserving of protection measures, including court restraining orders for perpetrators of such acts of violence. A general protocol had also been prepared on child abuse.
Concerning child labour, the delegation noted that Serbia and Montenegro had ratified the ILO convention on the elimination of the worst forms of child labour and in that connection the Ministry of Labour and Social Policy, in cooperation with non-governmental organizations, had launched a project called “Child Labour” intended to place a special emphasis on vulnerable children in adherence of the ILO instrument.
As to Roma children, the State’s action plan on Roma was linked to the causes of poverty among the Roma and an absence of education. The reasons why Roma children did not attend school were multifold, including the lack of funds to buy textbooks, a lack of motivation and a language barrier. The Roma action plan placed an emphasis on the inclusion of literacy of Roma children and training of Roma youth in the education system, establishment of Roma associations, and establishment of Roma cultural centres, among other things. Most of the Roma who were employed were engaged in unskilled work. Many Roma children took to the streets to beg. Attempts were being made to include these children in the formal education system and to assist their parents to obtain permanent jobs.
Concerning trafficking in human beings in Montenegro, the delegation said this act had been made a criminal offence by amendments to laws in 2002. A Working Group comprised of various Government officials was also formed to address this issue. The Ministry of the Interior had adopted a decision in 2004 to establish a special expert team to combat human trafficking which had relationships with local and national police forces, international agencies, including the United Nations, and non-governmental organizations. As a result, a great amount of attention had been paid to this issue. Moreover, a number of agreements had been entered into between Serbia and Montenegro and neighbouring countries, as well as UNMIK. In Montenegro, 32 cases were registered in 2003 and nine cases were registered in 2004.
In response to questions raised on the Roma, the delegation noted that poverty was five times higher among the Roma than the rest of the population in Serbia and Montenegro. Among the measures taken to address the situation of the Roma was the Law on Rights and Freedoms of National Minorities, out of which came the Roma National Council which was established in May 2003. This led to a series of action plans on education, health, housing and employment. For the school year 2003 to 2004, free textbooks were provided for over 6,000 Roma children and scholarships were also provided for Roma students at secondary and university level.
With regard to housing, the delegation noted there was a deficit of housing in Serbia mainly due to a large influx of internally displaced persons and refugees. This, in turn, led to the illegal construction of several housing projects. Over the past year and a half, steps had been taken by the State, in cooperation with the United Nations Economic Commission for Europe, for drafting a study on the housing sector which would lead to a revised housing policy of the State. A draft law on social housing was also expected to be adopted by the end of this month. Moreover, research was being conducted on the possibility of the integration of Roma in Serbia. The research determined that there were 393 Roma settlements in Serbia, the majority of which were in urban areas. The delegation added that it had no knowledge of forced evictions of Roma from Montenegro. A large number of internally displaced persons had also been accommodated in collective centres and family settlements in Montenegro.
As for child care measures, the delegation said the State had taken several steps to accommodate children without parental care in social welfare institutions; the intention of the State was to increase the number of children to be placed in foster care, to increase resources for this purpose, and to introduce special insurance for parents who receive these children. Some 3,000 children had been placed in such families. Moreover, there was a total of 1,800 orphans registered in Serbia and Montenegro. The poverty reduction strategy of the State had identified these children as a vulnerable group and this had resulted in the creation of councils as well as strategies to address the needs of these children.
Following the war of the 1990s, the delegation noted, many people in the Balkan region were troubled by post trauma disorders and as a result mental illness rates increased. A number of projects for mental health were instituted as a means of improving the situation of these individuals. Strategies, action plans and laws were also put into effect with the intention of upholding the rights of mental patients in Serbia and Montenegro.
Concerning access to clean drinking water, the delegation noted that the poor quality of water continued to be a problem and the State was taking actions to improve this situation; 88 per cent of homes in Montenegro and 67 per cent of the population in Serbia were connected to central plumbing. Moreover, 88 per cent of refugees households overall had access to plumbing.
Accessible health care to all was the State policy of Serbia and Montenegro, the delegation said in response to a question. Community health centres were set up throughout the country; health insurance schemes were also expanded to rural communities and resources were collected to help subsidize insurance. Refugees and internally displaced persons were also beneficiaries of the State’s health care system.
Questions by Experts on the Right to Education and Cultural Rights
An Expert asked for information on the two per cent of students not registered in the primary school system. He also asked for additional information on the State’s education reform and what its results had been.
An Expert asked for supplementary information on the enrolment rate of Roma students throughout the country, while another Expert asked what specific steps had been taken to encourage Roma youth to enrol in school, especially in terms of changing attitudes.
A member of the Committee asked what measures had been taken by Serbia and Montenegro to remedy reported discrimination in the education system and whether there was a subject that would make it possible for children to overcome prejudices and to embrace a culture a peace and tolerance.
Other Experts asked for information on strikes by teachers in Serbia and Montenegro, school drop out rates and the "brain drain" phenomenon.
Response by Delegation
Concerning exclusion attitudes, the delegation agreed that there was a dire need to make more efforts to educate the population to change attitudes and behaviour through the education system. The subject of promoting tolerance was introduced at the primary school level as a means of promoting a culture of reconciliation and tolerance.
In response to a question, the delegation said there was a Department on Albanian language at the State's University in Montenegro.
The Constitution guaranteed that languages of national minorities in Serbia and Montenegro could be taught, the delegation said. The Law on Human and Minority Rights led to the creation of 12 national minority councils in the Republic of Serbia. A variety of minority language textbooks had also been introduced into the main school system. In Serbia and Montenegro instructions were available in Albanian, Croatian, Hungarian, Slovak, Romanian and in the Roma language. The purpose was to uphold the cultural identity of national minorities in Serbia and Montenegro.
Concerning refugee children, the delegation noted that the network of associates in the field along with the UNHCR had been monitoring the engagement of all refugee children in the State's school system while taking into consideration their special needs.
As for strikes by teachers in Serbia and Montenegro, the delegation said there was no possibility of increasing the salary of teachers by 30 per cent as they had requested. Only an increase of eight per cent was possible.
On school drop out rates among Roma children, the delegation said the national strategy on Roma aimed not only to enrol Roma children but also to keep them in school.
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