Constitutional and Legal Questions Facing the Yugoslav State – Legislative and Constitutional Policy Group

December 21, 1999

Donor: National Endowment for Democracy (NED) 
Duration of the project: January – December 1999

The project of the Belgrade Centre for Human Rights and the Council for Human Rights of the Centre for Anti-War Actionintended to establish a link between the  clusters related to the affirmation and implementation of human rights: study of jurisprudence relating to the direct  or indirect implementation of the international human rights instruments, especially those undoubtedly binding on FR Yugoslavia (Serbia and Montenegro); education of law enforcement officers and members of the written and electronic media about international human rights standards and their implementation and proper interpretation in the Yugoslavia context; an analysis of attitudes of state and political officials regarding human right, i.e. the positive (approving) or negative (disapproving) attitudes of the latter towards the idea and practice of human rights. Project activities envisaged: research and evaluation of jurisprudence of lower and higher courts, based on the samples of political trials, discrimination cases, and related to the freedom of expression of the independent media; organization of nine week-end seminars in towns in Serbia and Montenegro for members of the legal profession, police officers, journalists and other persons working in the media; content analysis of the public statements of the state officials and ruling party about human rights issues; public debate with the representatives of the state and influential decision-makers on the prospects of improving the human rights situation and publication of the most  important results of research.

The main goal of the project was to build popular support for political and economic reform in Serbia through the development of concrete alternatives to the policies of the regime of Slobodan Milosevic. During the first step of the project (in 1999), the Belgrade Centre for Human Rights and the Centre for Anti War Action established the Legislative and Constitutional Policy Group (LCPG) as a “think tank” for democratic alternatives, consisting of the country’s foremost experts on constitutional and legal questions. The LCPG acted as an informal, non-governmental advisory group to the democratic opposition and other democratic organizations in Serbia. LCPG provided practical policy advice and concrete recommendations in the form of position papers. Specifically, the LCPG provided practical policy advice and concrete recommendations to the newly established party coalition, the Alliance for Change. LCPG published a book which consisted of all papers presented and distributed it to Yugoslav and Serbian government institutions, local media, political parties, and non-governmental organizations.
The activities of the LPCG have drawn a considerable attention of the public and provided continuity of similar activities. Experts as well as citizens had a chance to receive a substantial amount of information regarding human rights, civil society, NGOs and other crucial political and legal matters. Information was comprehensively presented so that even the widest possible public could understand the problem and the proposed solutions. At the end of the project book containing all submitted papers was published. The topics covered by the project were: Army in the period of crisis, Independence of judiciary, Privatization and denationalization, Decentralization and regionalisation, Conflict of laws between the new states formed in the territories of the former Yugoslavia and a Proposal for a Convention Governing Private Legal Relations, Legal status of the refugees and internally displaced persons in the FRY, Yugoslavia as a federation, Serbia and Montenegro as federal units and Criminal law and the legal profession from the human rights aspect.

One-day discussions were organised on issues that were dealt with within the project. Ten public discussions were held:

  • Yugoslav foreign policy – Need for essential changes, Belgrade, 15 March 1999
  • Army in the time of crises, Belgrade, 17 August 1999
  • Independence of the judiciary, Belgrade, 7 September 1999
  • Privatisation and denationalisation, Belgrade, 10 October 1999
  • Decentralisation and regionalisation, Belgrade, 29 October 1999
  • Conflict of legislation between the newly formed states on the territory of former Yugoslavia and the proposal of the convention governing private legal relations, Belgrade, 10 November 1999
  • Legal status of refugees and internally displaced persons in Yugoslavia, Belgrade, 9 December 1999
  • Yugoslavia as a federation, Serbia and Montenegro as federal units, Belgrade, 15 December 1999
  • Criminal law and legal profession from the human rights point, Belgrade, 22 December 1999