The Belgrade Centre for Human Rights appeals to all organs of the State, and in particular to the National Assembly, to take urgent measures to preserve the constitutional guarantees of human rights in the Republic of Serbia. If it be allowed to happen that, after the dissolution of the State Union, the Charter of Human and Minority Rights of Serbia and Montenegro cease to be in force in Serbia, the latter would fully return to its 1990 Constitution and her citizens will again become victims of an outdated understanding of human rights. Whereas the Charter represents a modern document which precisely and fully guarantees fundamental rights of human beings and citizens and which has attracted wide recognition, the major deficiencies of the current constitution lie precisely in its provisions on human rights. It, for instance, does not prohibit slavery and forced labour! In this constitution, the right to liberty and security of person is incomplete and minority rights are far below the standard of the Charter. Even those rights that are formally guaranteed can easily be derogated or restricted.
The authorities have the power to proclaim a state of war and thereafter restrict ALL human rights, including those which cannot be restricted under any circumstances according to international treaties binding on Serbia and international customary law.
The adoption of a new Constitution for Serbia, which would remove all these serious shortcomings, is unlikely in the near future. Accordingly, in the interest of the democratic society in Serbia everything must be done to maintain the Charter on Human and Minority Rights in force, to secure the direct applicability of international treaties (on which the 1990 Constitution is also silent) and to preserve the judicial protection of human rights in the highest instance, which will be jeopardised by the demise of the Court of Serbia and Montenegro.
The introduction of the Charter in the legal system of Serbia will not only benefit its citizens but also the State itself. Namely, the absence of the legal guarantees contained in the Charter will contribute to the increase of the number of petitions against Serbia to the European Court of Human Rights and similar international bodies and can result in it being held responsible for violations of international human rights law and consequently liable for damages.
Serbia has had its sad experiences with dictatorships and the long-lasting damage that they have caused. One of the means of thwarting and limiting authoritarian and unreasonable governments is the existence of strong, secure guarantees of human rights. The Belgrade Centre therefore voices its serious concern over the emerging legal gap in the protection of human rights in Serbia and calls on all actors in the society to join this appeal.
