Welcome to the United Nations 
OHCHR 
Press releases Special Procedures
SPECIAL RAPPORTEUR ON FREEDOM OF OPINION AND EXPRESSION COMPLETES MISSION TO SERBIA AND MONTENEGRO
19 October 2004
Share
19 October 2004
The Special Rapporteur of the United Nations Commission on Human Rights on the promotion and the protection of the right to freedom of opinion and expression, Ambeyi Ligabo, has completed a mission to Serbia and Montenegro undertaken at the invitation of the Government.
During the mission, which started on 10 October 2004, the Special Rapporteur visited Serbia, Montenegro, the provinces of Vojvodina and Kosovo. He met with senior Governments officials, as well as representatives of the media, members of minorities, trade union officials and members of other non-governmental organizations. He also held an exchange of views with members of the diplomatic corps and senior officials of international organizations.
The Special Rapporteur will prepare a report on the mission, which will be issued as a Commission on Human Rights document, and will present orally his findings to the sixty-first session of the Commission, which will be held in Geneva in March-April 2005.
Following is a statement issued by the Special Rapporteur on 19 October 2004 in Belgrade:
STATEMENT BY AMBEYI LIGABO, SPECIAL RAPPORTEUR OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION, AT THE END OF HIS VISIT TO SERBIA AND MONTENEGRO
I would like to take this opportunity to thank the Government of Serbia and Montenegro for inviting me to this country, in my capacity as the Special Rapporteur of the United Nations Commission on Human Rights on the promotion and protection of the right to freedom of opinion and expression. I would also like to thank all national and international personalities, institutions, members of minority groups, members of the media, trade unions and individuals with whom I met and had a. comprehensive exchange of opinions and information. Furthermore, I wish to thank the Office of the High Commissioner for Human Rights in Serbia and Montenegro for its valuable support and assistance.
Through its multiculturalism and strong ethnic traditional sensitivities, the Balkan region from time immemorial, has been at the center of some of the most significant events in the history of Europe. Past conflicts, particularly the conflict of the Nineties which led to the dissolution of the former Federal Republic of Yugoslavia, has brought to the fore, an unimaginable burden, bitter differences and divisions coupled with painful memories, all these have opened up the old wounds which may now take years to heal. Unfortunately, the ethnic divisions are now at the core of political debate and everyday life and are therefore the major obstacles to economic and social growth in the region, which consequently, undermine considerably the development f democratic systems based on mutual respect and tolerance.
The polarization of opinions, the stigmatization of ethnic groups and the use of hate speech, aggravate the persistent instability and do not contribute to the creation of an enabling environment for the exercise of the right to freedom of opinion and expression, which is a prerequisite for democracy and good governance.
Sadly, ethnic violence may reappear anytime: this will annihilate relentless efforts, which have so far been made for the development of reconciliation and peaceful coexistence. This situation of uncertainty has created great distress in the ordinary citizen and it is substantially hindering his/her exercise of freedom of opinion and expression. 1n this context, the quest and the struggle for the exercise of the right to freedom of opinion and expression represents a fundamental factor for a lasting solution to the ethnic cleavage.
In addition, I would like to state that, what appears to be the infiltration of criminal activities in the administration of the State and in the political arena is one of the major impediments to the development of freedom of opinion and expression in this country. The resulting corruption phenomena and related impunity weaken the Rule of Law, the enjoyment of basic human rights and the advancement of a thriving civil society. At the moment there seems to be some obscure figures in an invisible background, which drive fear in the spines of even top leaders in the echelons of power.
I urge the Government of Serbia and Montenegro and international organizations to strengthen their action against corruption, underworld networks and impunity. The administration of justice should not be influenced by considerations linked to obscure characters and their accomplices. The perpetrators of human rights violations and crimes should be brought to justice regardless of their political affiliation.
With regard to the media, many of my interlocutors pointed out hat the rapid growth of printed and broadcast media since October 2000, meant that a large part of professionals in this field were not adequately trained, particularly on media ethics and on the importance of respecting human rights while discharging their functions. The most notable result of these deficiencies is the persistence and widespread use of hate speech, which is popular with printed and broadcast media of both radical and liberal leaning.
On the other hand, defamation is still considered as a part of criminal law and in the last four years there were, in Serbia only, approximately three hundred (300) cases of libel suits brought against media personalities. In addition, it was frequently repeated that journalists would often be under severe: pressure and it was not uncommon to receive menaces of various kinds from gangster organizations or politicians linked to criminal activities.
To ameliorate this situation, a first step forward would be a swift revision and completion of the current legislation processes on the media to make it made fully compatible with international standards. However, the growth of professionalism will not be achieved by legislations alone, but also through ad hoc training on human rights and on ethics in journalism, which are significantly lacking.
On my visit to Vojvodina, I had a productive meeting with the provincial Ombudsperson through whom Y gathered elements for an exhaustive evaluation of minorities' situation in that province. I would like to recommend that the situation in Vojvodina, although seemingly quiet, be monitored constantly to avoid any unexpected development.
In Montenegro, the Montenegrin authorities assured me that they are doing their best efforts in order to bring to light all circumstances, which led to the killing, a few months ago, of a prominent journalist and media entrepreneur. It was notable that in spite of that tragic event, more tolerant atmosphere seems to dominate in Montenegro where different ethnic groups live in apparent harmony. The media regulatory body appears very active and the adoption of two draft bills on free access to information and on media concentration should soon complete the legislative framework. Libel cases, though still part of the criminal law, may end with the payment of a fine, but prison sentences are excluded.
The future status of the province of Kosovo is an element of instability. Much criticism was heard from all sides about UNMIK's role and work. But it remains objectively difficult to envisage, in the short run, a Kosovo without the presence of international organizations and peace-keeping forces: much work is still to be done to achieve a sustainable level of peaceful coexistence and tolerance amongst all ethnic groups in the province.
As far as minorities are concerned, the dialogue among the various minority groups living in Kosovo is making little or no progress at all. The events of March 2004, when a couple of racial incidents ignited a ferocious round of violence throughout the whole province, seem to have cancelled, in the minds of many citizens, the efforts for reconciliation and the search for truth, which had been made since the end of the war.
Visibly, freedom of movement of the Serbian minority is gravely limited and the use of its language can be a reason for outbreaks of violence or physical confrontation. Likewise, Albanian-Kosovans avoid visiting Serbian populated areas while other minorities seem to be overwhelmed by these two dominant groups. In this context, freedom of assembly is limited with serious negative consequences on workers rights and on the activities of trade unions.
Several printed and broadcast media in Albanian language presently work in Kosovo under the authority of the Temporary Media Commissioner, awaiting the establishment of the Independent Media Commission. Meanwhile, information in Serbian language comes mainly from Serbia and the work of Serbian. journalists living in Kosovo appears to be difficult. In this connection, I wish to emphasize that the right to freedom of opinion and expression is a non-alienable right that must be guaranteed at al] times, including in state of emergency.
Finally, I was pleased to note that authorities, institutions, media and individuals were willing to discuss openly issues related to the violation of the right to freedom of opinion and expression. Ail sides need to make a new start in their efforts to protect and promote civil, political, economic, social and cultural rights, and to act accordingly.
I strongly believe that a fresh impetus to end ethnic violence, bring reconciliation and develop peaceful coexistence may be provided by good-willing associations of journalists and trade unions workers, who can act for the welt-being of all ethnic groups anguished by the bitter consequences of a cruel conflict.
I stand ready to provide follow-up and further advice to the Government of Serbia and Montenegro, to all authorities and individuals acting in good faith for the promotion and the protection of all human rights, especially the right to freedom of opinion and expression.
The Special Rapporteur of the United Nations Commission on Human Rights on the promotion and the protection of the right to freedom of opinion and expression, Ambeyi Ligabo, has completed a mission to Serbia and Montenegro undertaken at the invitation of the Government.
During the mission, which started on 10 October 2004, the Special Rapporteur visited Serbia, Montenegro, the provinces of Vojvodina and Kosovo. He met with senior Governments officials, as well as representatives of the media, members of minorities, trade union officials and members of other non-governmental organizations. He also held an exchange of views with members of the diplomatic corps and senior officials of international organizations.
The Special Rapporteur will prepare a report on the mission, which will be issued as a Commission on Human Rights document, and will present orally his findings to the sixty-first session of the Commission, which will be held in Geneva in March-April 2005.
Following is a statement issued by the Special Rapporteur on 19 October 2004 in Belgrade:
STATEMENT BY AMBEYI LIGABO, SPECIAL RAPPORTEUR OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS ON THE PROMOTION AND PROTECTION OF THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION, AT THE END OF HIS VISIT TO SERBIA AND MONTENEGRO
I would like to take this opportunity to thank the Government of Serbia and Montenegro for inviting me to this country, in my capacity as the Special Rapporteur of the United Nations Commission on Human Rights on the promotion and protection of the right to freedom of opinion and expression. I would also like to thank all national and international personalities, institutions, members of minority groups, members of the media, trade unions and individuals with whom I met and had a. comprehensive exchange of opinions and information. Furthermore, I wish to thank the Office of the High Commissioner for Human Rights in Serbia and Montenegro for its valuable support and assistance.
Through its multiculturalism and strong ethnic traditional sensitivities, the Balkan region from time immemorial, has been at the center of some of the most significant events in the history of Europe. Past conflicts, particularly the conflict of the Nineties which led to the dissolution of the former Federal Republic of Yugoslavia, has brought to the fore, an unimaginable burden, bitter differences and divisions coupled with painful memories, all these have opened up the old wounds which may now take years to heal. Unfortunately, the ethnic divisions are now at the core of political debate and everyday life and are therefore the major obstacles to economic and social growth in the region, which consequently, undermine considerably the development f democratic systems based on mutual respect and tolerance.
The polarization of opinions, the stigmatization of ethnic groups and the use of hate speech, aggravate the persistent instability and do not contribute to the creation of an enabling environment for the exercise of the right to freedom of opinion and expression, which is a prerequisite for democracy and good governance.
Sadly, ethnic violence may reappear anytime: this will annihilate relentless efforts, which have so far been made for the development of reconciliation and peaceful coexistence. This situation of uncertainty has created great distress in the ordinary citizen and it is substantially hindering his/her exercise of freedom of opinion and expression. 1n this context, the quest and the struggle for the exercise of the right to freedom of opinion and expression represents a fundamental factor for a lasting solution to the ethnic cleavage.
In addition, I would like to state that, what appears to be the infiltration of criminal activities in the administration of the State and in the political arena is one of the major impediments to the development of freedom of opinion and expression in this country. The resulting corruption phenomena and related impunity weaken the Rule of Law, the enjoyment of basic human rights and the advancement of a thriving civil society. At the moment there seems to be some obscure figures in an invisible background, which drive fear in the spines of even top leaders in the echelons of power.
I urge the Government of Serbia and Montenegro and international organizations to strengthen their action against corruption, underworld networks and impunity. The administration of justice should not be influenced by considerations linked to obscure characters and their accomplices. The perpetrators of human rights violations and crimes should be brought to justice regardless of their political affiliation.
With regard to the media, many of my interlocutors pointed out hat the rapid growth of printed and broadcast media since October 2000, meant that a large part of professionals in this field were not adequately trained, particularly on media ethics and on the importance of respecting human rights while discharging their functions. The most notable result of these deficiencies is the persistence and widespread use of hate speech, which is popular with printed and broadcast media of both radical and liberal leaning.
On the other hand, defamation is still considered as a part of criminal law and in the last four years there were, in Serbia only, approximately three hundred (300) cases of libel suits brought against media personalities. In addition, it was frequently repeated that journalists would often be under severe: pressure and it was not uncommon to receive menaces of various kinds from gangster organizations or politicians linked to criminal activities.
To ameliorate this situation, a first step forward would be a swift revision and completion of the current legislation processes on the media to make it made fully compatible with international standards. However, the growth of professionalism will not be achieved by legislations alone, but also through ad hoc training on human rights and on ethics in journalism, which are significantly lacking.
On my visit to Vojvodina, I had a productive meeting with the provincial Ombudsperson through whom Y gathered elements for an exhaustive evaluation of minorities' situation in that province. I would like to recommend that the situation in Vojvodina, although seemingly quiet, be monitored constantly to avoid any unexpected development.
In Montenegro, the Montenegrin authorities assured me that they are doing their best efforts in order to bring to light all circumstances, which led to the killing, a few months ago, of a prominent journalist and media entrepreneur. It was notable that in spite of that tragic event, more tolerant atmosphere seems to dominate in Montenegro where different ethnic groups live in apparent harmony. The media regulatory body appears very active and the adoption of two draft bills on free access to information and on media concentration should soon complete the legislative framework. Libel cases, though still part of the criminal law, may end with the payment of a fine, but prison sentences are excluded.
The future status of the province of Kosovo is an element of instability. Much criticism was heard from all sides about UNMIK's role and work. But it remains objectively difficult to envisage, in the short run, a Kosovo without the presence of international organizations and peace-keeping forces: much work is still to be done to achieve a sustainable level of peaceful coexistence and tolerance amongst all ethnic groups in the province.
As far as minorities are concerned, the dialogue among the various minority groups living in Kosovo is making little or no progress at all. The events of March 2004, when a couple of racial incidents ignited a ferocious round of violence throughout the whole province, seem to have cancelled, in the minds of many citizens, the efforts for reconciliation and the search for truth, which had been made since the end of the war.
Visibly, freedom of movement of the Serbian minority is gravely limited and the use of its language can be a reason for outbreaks of violence or physical confrontation. Likewise, Albanian-Kosovans avoid visiting Serbian populated areas while other minorities seem to be overwhelmed by these two dominant groups. In this context, freedom of assembly is limited with serious negative consequences on workers rights and on the activities of trade unions.
Several printed and broadcast media in Albanian language presently work in Kosovo under the authority of the Temporary Media Commissioner, awaiting the establishment of the Independent Media Commission. Meanwhile, information in Serbian language comes mainly from Serbia and the work of Serbian. journalists living in Kosovo appears to be difficult. In this connection, I wish to emphasize that the right to freedom of opinion and expression is a non-alienable right that must be guaranteed at al] times, including in state of emergency.
Finally, I was pleased to note that authorities, institutions, media and individuals were willing to discuss openly issues related to the violation of the right to freedom of opinion and expression. Ail sides need to make a new start in their efforts to protect and promote civil, political, economic, social and cultural rights, and to act accordingly.
I strongly believe that a fresh impetus to end ethnic violence, bring reconciliation and develop peaceful coexistence may be provided by good-willing associations of journalists and trade unions workers, who can act for the welt-being of all ethnic groups anguished by the bitter consequences of a cruel conflict.
I stand ready to provide follow-up and further advice to the Government of Serbia and Montenegro, to all authorities and individuals acting in good faith for the promotion and the protection of all human rights, especially the right to freedom of opinion and expression.