The Belgrade Centre for Human Rights condemns the Government decision to withdraw from the agenda the Draft Anti-Discrimination Act just before the Serbian Assembly session. There are no reasonable grounds to again bring into question the state’s readiness to finally enact a general anti-discrimination law. The Draft Act had undergone the usual procedure and been reviewed both by the Government and the relevant Assembly committees. There had been enough time to promptly eliminate any ambiguities or shortcomings. The opportunity to do so existed before the session as well – the deputies could have submitted amendments to the Draft Act. The decision to prevent the adoption of this law at the intervention of the executive authorities, prompted by factors not entitled to run the state and lacking in democratic legitimacy, has incurred major damage to the state and, in particular, to all individuals and groups threatened by the frequent and unpunished instances of discrimination in Serbia.
A general law prohibiting discrimination should have been passed long ago. A draft of such a law, very similar to the Draft Act, had been submitted to parliament back in 2007 by a parliamentary party but had never been included in the agenda. The authorities have reached an even worse decision now – to abandon their own draft, thereby undermining their own reputation and that of Serbia. The decision may have serious and damaging impact both on the international and domestic planes. It will, inter alia, prevent Serbia’s citizens from travelling abroad more easily.
The BCHR thus calls on the Serbian Government to immediately resubmit the Draft Anti-Discrimination Act to the Assembly. It will thereby clearly demonstrate (and so refute justified suspicions) that it, as the proposer of the law and the authority that is to implement it, is clearly committed to the prohibition of discrimination in Serbia and the sanctioning of those violating it in accordance with the law and ratified international human rights agreements prohibiting discrimination on any grounds. The absence of such a law cannot prevent victims of discrimination from complaining to international tribunals, which will inevitably provide them satisfaction, while the state of Serbia will, in addition to moral damage, suffer significant material damages.
