Normative framework
%
Implementation
National Council of the Bunjevac national minority
The problems that Bunjevac community encounters in exercising their rights prevent them from establishing better cross-border cooperation with Bunjevacs living in the neighbouring Republic of Hungary, Croatia and the Federation of Bosnia and Herzegovina332.
National Council of the Hungarian national minority
An Agreement on Scientific and Technological Cooperation was signed between Serbia and Montenegro and the Republic of Hungary333. The Agreement came into effect334 following its
ratification by the Parliament of the Republic of Hungary and the Assembly of Serbia and Montenegro, and Article 8 of the Agreement envisages that the Joint Committee for Scientific and Technological Cooperation shall develop a two-year cooperation programme. Since such a document has not been prepared as yet, the Agreement has still not come to life in practice.
National Council of the Roma National Minority
In 2006 several conventions were held of the European Roma Forum based at the Council of Europe. Romani persons from APV and Serbia are also members of the Forum.
Cooperation and several joint events have been established between the Roma organizations in the region. Some of those events, particularly in the field of culture, have developed into a tradition, such as conventions of cultural societies of European Roma held in Croatia, Poland, in India.
332 According to our information, there are over 400,000 Bunjevacs living in the Republic of Croatia, but they do not declare
themselves as Bunjevacs, since they are not recognized as a separate national community. Attempts to win recognition of Bunjevacs as a separate national community in Hungary were unsuccessful.
333 On 14 September 2004 in Belgrade 334 On 26 February 2005
136
Recommendations
National Council of the Bunjevac national minority
Inter-state cooperation between persons belonging to the Bunjevac national minority in neighboring countries should be improved through bilateral agreements and with official diplomacy.
Article 19
The Parties undertake to respect and implement the principles enshrined in the present framework Convention making, where necessary, only those limitations, restrictions or derogations which are provided for in the ‘Protection of Human Rights and Fundamental Freedoms’, in so far as they are relevant to the rights and freedoms flowing from the said principles.
137
References to the Resolution ResCMN(2004) 12335
on the implementation of the Framework Convention for the Protection of National Minorities by Serbia and Montenegro
After the fundamental changes undergone by the constitutional structures, and the decisive steps taken by the authorities in Serbia to protect minorities in such fields as education and language rights, the passing of the Union’s Charter of Human Rights and Minority Rights and LPRLNM constituted a good basis for the implementation of the Framework Convention – especially with respect to the innovations in establishing the national councils of national minorities, the initial commitment has disappeared, especially after the changes in the political climate in the country, conditioned by: the assassination of Prime Minister Zoran Đinđić, the disintegration of the Serbia and Montenegro State Union, the discontinuation of negotiations with the European Union, the tensions related to the future status of Kosovo.
In the legislative field, a number of shortcomings remain, while the legal status of national minority-related legislation has not been resolved yet. The provisions of LPRLNM have not been harmonised with the rest of laws regulating the implementation of national minority rights, e.g. in the field of: local self-government, education, information, culture and elections, and there is still no synchronisation between the provisions of the Republic’s laws and the Province’s decisions. Inter-ethnic relations are still affected by the difficult legacy of the past regime and the deteriorating social conditions, and since the time of first reporting, when it was established that visible progress was achieved in suppressing inter-ethnic conflicts, in the APV inter-ethnic incidents escalated having a climax in 2004 after the March events in Kosovo, when violence was committed against the Serb population. The number of incidents has been declining since then, which is largely conditioned by the internationalisation of the mentioned issue. Efforts to build tolerance and trust are more visible in the APV than in Serbia. Although there are some improvements in conducting effective investigation procedures, law-enforcement forces should pay greater attention to this issue. In view of preventing violent incidents, whereas the Hungarian national minority is especially emphasized in the Resolution, attention should be directed to the protection of Roma336, Albanians,
Ashaklis and Croats, who were and still are the subjects of violence.
For the data on the representation of Bosniacs in the territory of Serbia proper and Sandžak, and other national minorities in the law-enforcement agencies and within the judiciary, see Article 15 (in this Report and in the Shadow Report for Serbia).
The need for the implementation and application of legislative and practical measures to improve the implementation of the principles of non-discrimination and full and effective equality still exists. As earlier, the difficulties are particularly apparent in such fields as healthcare, housing, education and employment but also in the current practice of undue placing of Roma children in schools for persons with mental disabilities. The difficulties faced by displaced persons and the Roma will soon be increased by those of the persons, who will under the Agreements on Readmission soon be returned from EU countries and according to unofficial estimates, their number will be between 80.000 and 120.000.
The variations between regions in terms of the efforts made to protect the languages and cultures of national minorities are still apparent in various regions of Serbia, and it especially refers to the variations in the enjoyment of rights of the minorities in the APV in relation to the Vlachs in north- eastern Serbia.
335 Adopted 17, November 2004 by the Committee of Ministers on the 904th session of deputy ministers.
336 More information about the discrimination against Roma in Serbia are available from the Minority Rights Centre :