Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006The Convention condemns all propaganda and all organizations which arebased on ideas or theories of superiority of one race or group of personsof one color or ethnic origin, or which attempt to justify or promote racialhatred and discrimination in any form, and states parties undertake toadopt immediate and positive measures designed to eradicate all incitementto discrimination 449 . Finally, states parties agreed to assure 450 to everyonewithin their jurisdiction effective protection and remedies, through thecompetent national tribunals and other State institutions, against any actsof racial discrimination which violate his human rights and fundamentalfreedoms contrary to this Convention, as well as the right to seek fromsuch tribunals just and adequate reparation or satisfaction for any damagesuffered as a result of such discrimination.Internationally, there has been a louder and louder discussion lately onnormative regulation of “hate speech” that appears on the Internet 451 .Examples of Hate-SpeechHate-speech is largely present in Serbian print media. 452 Cases of courtprocesses against the hate-speech users are very rare.On March 16 th 2006, the daily GLAS JAVNOSTI (GLAS) published inits Economy section an ad headlined “Boycott”. 453 In the text, signed by“Persecuted Serbs”, the citizens are invited to gather in front of the IMMOmall in New Belgrade and express their protest against the opening ofthe Croatian shop IDEA. 454 The reason for this action was “the Croatianboot which freely marches through Serbian lands, buying companies andopening shops across Serbia”. 455 The ad warns that any purchase at theIDEA represents “a donation to those who killed us and evicted us fromour homes”. 456 Towards the end, the undersigned voice a clear threat:449 Ibid, Article 4450 Ibid, Article 6451 See webpage http://www.selfregulation.info/iapcoda/rxio-rapporteur-020923.htm, visited on November25 th , 2006452 See: Media Center Print Council’s Report for 2005 and 2006; the reports are available at the Media Center’sweb site: http://www.mediacenter.org.yu/code/navigate.asp?Id=668, visited on November 25 th , 2006; see also:reports by non-governmental organizations about hate-speech: Implementation of Transitional Laws in Serbia, YouthInitiative for Human Rights, Belgrade, 2005; Human Rights in Serbia and Montenegro, 2005, Belgrade Center for HumanRights, Belgrade, 2006; Human Rights and Colelctive Identity, Helsinki Committee for Human Rights in Serbia,Belgrade, 2005453 Boycott, GLAS JAVNOSTI, March 16 th , 2006454 Ibid455 Ibid456 Ibid96
Implementation of Transitional Laws in Serbia 2006“We will monitor those who purchase in this store and refuse to expresssolidarity with the hundreds of thousands of refugees and persecutedSerbs”, accompanied with: “STOP to Croatian occupation of Serbia” 457This advertisement made the Initiative bring charges to the First MunicipalCourt in Belgarde to determine whether it was hate speech or not sinceit considered this text as hate speech according to both the internationaland domestic standards and that its publishing indubitably resulted inspreading, instigating, inciting and justifying national hatred, xenophobiaand intolerance 458 .Both associations of journalists responded to the ad. President of theJournalists’ Association of Serbia (UNS), Nino Brajovic, said that advertisingought to be subjected to ethical standards, and that discrimination opposesthe spirit of professional code. 459 President of the Independent Journalists’Association of Serbia (NUNS), Nadezda Gace, assessed that the ad clearlyfalls within the definition of hate-speech, and as such should be punishednot only by professional code, but also by the Law on Public Information. 460Associate of the Minister of Trade, Srdjan Sreckovic, expressed bitterresentment, and threatened the GLAS with a punishment stipulated bythe Law on Advertising. 461 GLAS then informed the public that both theofficials of the Information Intelligence Agency (BIA) and the police hadcome to the GLAS editorial offices and inquired about the person who hadsubmitted and paid for the ad. 462 This was the last piece of information thepublic has heard about this case. Neither the journalists’ associations, northe responsible ministry, nor the judiciary have undertaken the necessarymeasures to punish this example of hate-speech.Hate-speech is prohibited by the Law on Public Information and otherregulations, both domestic and international. 463 Hate-speech prohibition isregulated by Article 317 of the Criminal Code, which bans the spreading457 Ibid458 Charges for determining hate speech submitted to the First Municipal Court in Belgrade on April 7 th , 2006can be found in Initiative’s documentations459 Condemnation of an Ad against the Croatian Company, B92, March 17 th , 2006, see: B92’s web site: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=03&dd=17&nav_category=12&nav_id=191877, visited onNovember 25 th , 2006460 Ibid461 Srećković: the Call for Boycotting of Croatian Goods is Scandalous, GLAS JAVNOSTI, March 18 th , 2006462 Ibid463 Some of the international mechanisms worth mentioning are: the International Convention on Eliminatingall Forms of Racial Discrimination, SFRY Official Gazetta, No. 6/67, and the Recommendation of the Councilof Europe’s Committee of Ministers, No R (97) 20, adopted on October 30 th , 1997 at the 607 th meeting ofministers’ deputies97
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Implementation of Transitional Laws in Serbia 2006

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