A group of Serbia-based NGOs hereby expresses its dissatisfaction with the manner in which the candidate for Serbia’s first Republican Protector of Citizens (Ombudsperson) was put forward on 3 April 2006. Although the deadline for the nomination of candidates had expired on 24 March, the candidacy testifies of the fact that no serious preparations or consultations on the candidate were held. We maintain it is inappropriate for a society aspiring to be democratic to nominate the (only) candidate for such an important post with such haste, without debate or broad expert and public support. The Protector of Citizens is an institution that ought to play an essential role in the consolidation of rule of law, protection of constitutionality and legality and respect of human rights in Serbia. A country lacking strong democratic foundations is all the more in need of a Protector of Citizens who will be an independent and unbiased individual with superior authority and repute. MPs cannot treat the appointment of the Protector of Citizens as a marginal affair, especially vis-à-vis the trivia they wasted so much time on in the past ten or so days.
Under the Law on Protector of Citizens, the candidate for the post is selected by the Parliament Constitutional Issues Committee from amongst individuals nominated by the parliamentary party clubs. Be it due to the irresponsibility of the parliamentary parties or their disrespect of the importance of this institution for democracy, the Constitutional Issues Committee received only one nomination for the post of Protector of Citizens – the nominee seems not to fulfil the following legal requirements for the post: “at least ten years of legal work experience relevant to the performance of the duties of Protector of Citizens” and “significant experience in the protection of civil rights”. Such an appointment would at the very start seriously cast doubts about the independence of the institution. Rather, the Parliament needs to ensure broad consensus on the Protector of Citizens to ensure the public’s trust in his/her independence, autonomy and authority in the eyes of the state administration bodies.
The appointment of the right person to this extremely important post warrants due attention. We would like to draw the attention of the MPs, whose role is to build new democratic institutions in Serbia, to the need to give serious consideration to the appointment of the first Serbian Protector of Citizens. That individual must have extensive experience in human rights and be a noted human rights advocate.
The signatories therefore appeal for the postponement of the appointment of the Protector of Citizens and the repeat of the nomination and candidacy procedure.
Belgrade Centre for Human Rights
Belgrade Fund for Political Excellence
Center for Advanced Legal Studies
Centre for Peace and Development of Democracy
Child Rights Centre
Civic Initiative
European Movement in Serbia
Helsinki Committee for Human Rights – Serbia
Humanitarian Law Center
Humanitarian Center for Integration and Tolerance
Group 484
Lawyers Committee for Human Rights
Praxis
Vojvodina Center for Human Rights
Women in Black – Belgrade
