Anti-trafficking Action (ASTRA) Belgrade Centre for Security Policy (BCSP) Centre for Applied European Studies (CPES) Centre for Investigative Reporting (CINS) Group 484 Transparency Serbia (TS) It is very important that the process of accession is transparent. Main demand from the Government of Serbia in this phase is to secure that negotiations are public, by providing following information: (1) who is who in negotiations; (2) who are the members of the structures formed for the purpose of negotiations (within the Government, within the National Assembly); (3) In what way will the independent experts be selected (proven expertise, integrity, who will propose them); (4) When and what is being negotiated (making the agenda public). Moreover, key documents should be available to the public: (1) screening of Serbia’s legislation; (2) opening, mid-term and closing benchmarks; (3) road maps (action plans) for meeting the benchmarks; (4) Proposals of new legislation necessary to meet the benchmarks. Finally, sessions of the Assembly Committee for European Integration (as well as other relevant committees) to remain open for public every time progress is being discussed. The fight against corruption should be provided with anti-corruption system based on the separation of powers and the rule of law. Serbia has finally received a comprehensive framework to tackle corruption in
IMPLEMENTATION OF THE EUROPEAN COMMISSION RECOMMENDATIONS FROM 2012 PROGRESS REPORT No. Recommendation or observed deficiency Comment Source (if available) 1. POLITICAL CRITERIA Government The drafting process continues to lack transparency, sufficient structure and time for effective consultation of all interested parties, would also make the legal environment more predictable. ( p. 7 in EC report) The implementation and monitoring of adopted legislation needs to be improved. (p.7) Ministries do not always follow up and even in some instances openly challenge the opinions and recommendations of independent regulatory bodies, The situation slightly improved and more public debates are organized about draft legislation. However, some important acts are adopted without public debate (e.g. changes of Budget System Law). Changes of governments Rules of Procedure, that show moderately improve situation, are in force since April 2013. There is no significant improvement in implementation of legislation, or in monitoring mechanisms. The implementation of independent bodies' recommendations and decisions is not yet ensured. The Parliament did not discuss reports for 2011 and conclusions about 2012 reports were adopted in late June 2013. Parliamentary conclusions do have some monitoring mechanisms for recommendations related to the Ombudsman and Supreme Audit Institution, but not for Commissioner for information and Agency. Transparency Serbia research on public debates, 2013, Amended Rules of Procedure of Government. Reports of Ombudsperson, Commissioner, Anti-corruption Agency and Supreme Audit Institution for 2012 and Transparency Serbia monitoring project, published on 20th, 2013: Transparency Serbia overview of draft Parliamentary conclusions, June 2013,
alignment with the acquis should be initiated. (37) Provisions allowing for the financing of certain from the State budget remain to be brought into line with the EU acquis as it constitutes State aid. (37) salaries for three months straight, and continuation of its programs broadcasted in ten different languages is under threat of “Greek scenario” (meaning – closure and end to all broadcasting). This would have a profound impact on Vojvodina as most diverse part of Serbia. Freedom of assembly and association 22 The Pride Parade was banned by the Serbian authorities on security grounds, for the second year in a row. The activities of extreme organizations and of violent groups of so-called sports fans that threaten freedom of assembly and association need to be suppressed. (14) The Ministry of Interior banned again the Pride and denied the rights of LGBT people to freedom of expression and freedom of assembly. Also, with the most recent amendments to the Law on Police, police officers were granted the right to independently opt to refuse an assignment (Article 138a, paragraph 10), if all conditions necessary to carry it out are not met, or if they feel their life is threatened. (not specified – Group 484 finding) The Roma, refugees and internally displaced persons continue to face a difficult situation. Some progress has been achieved by adoption of the Law on Permanent and Temporary Residence which allows IDPs who do not have personal documents to apply for the residence at Social Welfare Centre’s. It is still to be implemented in the practice.
Regional issues and international obligations (not specified – Group 484 finding Significant progress has been made as regards the Sarajevo Declaration Process, which brings together Bosnia and Herzegovina, Croatia, Montenegro and Serbia and aims at finding sustainable solutions for the refugees who were displaced as a result of the armed conflicts. Regional programme has a clear focus on housing of refugees and displaced persons, additional efforts are needed to secure sustainable integration or return through employment opportunities. 3. NEGOTIATIONS CHAPTERS (not specified – Group 484 finding has been no progress in the area of access to the labour market. The Law on Employment of Foreigners remains to be adopted by the parliament. There were no progresses in this area. has been some progress in the area of policies. Serbia’s anti-discrimination legislation is broadly in line with European standards on combating racism and racial discrimination. The Equality discrimination There has been some progress in creating new policies and establishing new mechanisms for protection against discrimination. In 2012 Serbia made a step towards drafting National Anti-discrimination Strategy which is planned to be adopted in 2013. The Strategy will cover the issue of Roma, women, persons with disabilities, LGBT discrimination Anti-Discrimination Strategy Annual Report of Equality Protection Commissioner for 2012
prosecutor who failed to conduct pro-active investigation. 3.23.3. Fundamental rights 168 An action plan implementing the Strategy on Protection of Personal Data still needs to be adopted Since last year’s report, an action plan implementing the Strategy on Protection of Personal Data still needs to be adopted. Action plan hasn’t been adopted yet and there is no indication that it will be passed soon. Law on Classified Information isn’t implementable yet. Bylaw that more closely defines highest levels of secrecy – Top Secret and Secret – was passed in May, but other levels of secrecy are still not regulated meaning that old criteria for classification for these two levels of secrecy is being used. (not specified – BCSP finding) Video surveillance is still unregulated, but draft law has been written by Commissionaire and submitted to Ministry of Justice. However, whole process isn’t transparent. Over 200 000 CCTV cameras are collecting data every day in Belgrade only, with little or no legal backing whatsoever. Law on Protection of Private Data only remotely address video surveillance issue. Limited progress has been made regarding respect for and protection of minorities and cultural rights. The framework is in place and generally respected. Some positive steps were taken to Representatives of national minorities are underrepresented in the public administration. Unlike the most of the state administration and public services, according to the Ombudsman's annual report only Ministry of Interior and Customs Administration is planning to apply measures to increase the number of employed persons belonging to national minorities. Anti-Discrimination Strategy
191 Adopt the updated Strategy to combat human trafficking and associated action plan. (54) Serbia didn’t adopt the National Strategy for Combating Trafficking and . 192 A uniform database for criminal reports and proceedings and a specific monitoring mechanism in this area have not been established. (54) Each institution has its own statistics, but they are not comparing results.