Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006• Constitutional law puts off the appointment of the Protector ofCitizens until the spring of 2007, by stating that he/she will beappointed only after the elections in Serbia.Recommendations for the Implementation of theLaw on the Protector of CitizensBased on a research regarding the implementation of the Law on theProtector of citizens, the Initiative has reached the following conclusions:• The Assembly shall appoint Ombudsman at the earliest possibletime.• Caucuses shall assume the responsibility delegated to them bySerbian citizens and take active part in putting forward proposals forthe Ombudsman to the Board.• Organizations and institutions involved in monitoring, protectionand promoting of human rights and basic liberties shall be granteda right by law to propose their Ombudsman candidates.• As opposed to the current solution that foresees a relative majorityvote as sufficient, the Ombudsman election should require anabsolute majority vote, that is, the majority of the total number ofthe members of parliament.• The Law should prescribe that it is obligatory for the Ombudsmanor certain number of his Deputies to represent different nationalminorities, as well as for females to constitute a set number of thestaff in the Ombudsman’s Office.• The stipulation of the Law stating that Ombudsman has no possibilityto monitor the work of the Assembly, President of the Republic,Government, Constitutional Court, courts and Public Prosecutorsshould be abolished.• State governing bodies should enable the Ombudsman insight intoall the data they have at their disposal, regardless the confidentialitylevel. No document should remain unavailable to the Ombudsman,with a proviso that, in extra sensitive and precisely law-definedsituations, the Ombudsman is under obligation to safeguard thedisseminated data as confidential.• The stipulation saying that all available legal means must be exhausted92
Implementation of Transitional Laws in Serbia 2006before initiating a procedure with the Ombudsman should bechanged, and instead, a premise should be introduced saying thatemploying all available legal means is necessary only in those caseswhen the Ombudsman holds it efficient.• Submitter of a complaint must be protected by law in such a waythat a stipulation should be introduced stating that the submitter’sintervention and complaint will not incur criminal or disciplinarysanctions or any other kind of discomfort or discrimination for thesubmitter.• One of the most needed amendments to the Law should be itsretroactive implementation in those cases when the consequencesin the form of human rights infringements or abuse of powers byGovernmental agencies can still be felt.• Penal stipulations must be included in the Law, prescribing fines forbreaching the Law, as for example in cases when an official failsto timely act upon the Ombudsman’s request or when a persondisregards Ombudsman’s summons.Law on Public InformationThe Serbian National Assembly adopted the Law on Public Informationon April 22, 2003. 429 While it monitored the enforcement of this law, theInitiative focused on provisions regulating the ban on the use of hate speechin reporting, pressing charges for hate speech cases and the procedure underwhich such cases were processed.The Law forbids publication of ideas, information and opinions that incitediscrimination, hatred or violence against an individual or a group ofindividuals on grounds of their race, religion, nationality, ethnicity, genderor their sexual inclination 430 . Hate speech is forbidden regardless of whethera criminal offence has been committed by such publication 431 . The legalprocedure of sanctioning hate speech is regulated in the following manner:the charges for hate speech can be pressed by a person who has been directlydamaged 432 or an organization that protects human rights and protects the429 The Law on Public Information, see above under 1430 Ibid, Article 38431 Ibid432 Ibid, Article 39, Paragraph 193
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Implementation of Transitional Laws in Serbia 2006

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