STOP to reduction of rights and freedoms

A group of 28 Serbian NGOs warned that the proposed text of the Constitution significantly reduces the level of human rights in Serbia.

“It is forbidden to reduce the achieved level of human rights; this is one of the basic principles of modern law. This principle will be fragrantly violated if the new Constitution is confirmed in the referendum on October 29th and 29th”.

These non-governmental organizations offered dozens of examples testifying to the reduction of human rights in the new Constitution. For example the text does not include rights to privacy or abortion.

“Since the damage that the provisions of the new constitutional have produced are impossible to remove in any other way, human rights organizations advocate for the respect of established principles that demand already achieved levels of human rights protection not be reduced, as stated Article 20, Count 2 of the as yet unconfirmed constitution (“achieved level of human and minority rights ought not be reduced”), while at the same time refusing to vote in the referendum about a text which they had no chance to design in any way”, says a press release, signed by 28 NGOs from Serbia.

Discontinuity with one’s self

“The future Constitution contains a large number of advancements and amendments to existing constitutional solutions, which largely pertain to human and minority rights and freedoms”, writes Slobodan Vucetic, former President of Serbian Constitutional Court.

Vucetic states: “just like the existing Constitution marks a discontinuity with the Communist
system in constitutional and legal terms, and October 5th 2000 marks discontinuity with Milosevic’s authoritarian regime, the new Constitution will be a synthesis of both these discontinuities. This is the most important thing for the European and democratic future of Serbia”.

A judge betrays his profession

by Dragan Popovic, Youth Initiative for Human Rights

“It is not rare in Serbia to see legal experts and professionals betray their profession and principles. However, the article signed by Slobodan Vucetic, former President of Serbian Constitutional Court, published in “Blic” on October 20th brought me to the verge of desperation. The retired judge tells us that something good has finally happened in Serbia - the Draft Constitution has been adopted! He is even tries to impose legal conclusions suggesting that this Constitution should be seen as stellar.

According to Vucetic, the most positive aspect of the new Constitution is the paragraph concerning human and minority rights. At the same time, he shamelessly concludes thatthe new Draft Constitution is in harmony with the European Convention on Human Rights.

The proposed Constitution reduces the already achieved level of human rights protection, which is a serious violation of one of the basic principles of international law does not guarantee the right to privacy. Indeed, citizens may submit complaints to international bodies if their constitutional rights have been violated, rather than in the event of violation of rights warranted by the agreement by which this body has been established.

A state is not obliged to carry out the decisions of international bodies or to provide compensation for potential damage done to citizens; the already achieved right of mothers to decide on giving birth is drastically reduced; so is the right to conscientious objection; there is no ban on discrimination on grounds of sexual orientation; judges are appointed to a three-year position by the Parliament (in Serbia this is called the permanency of judicial position); there is no so-called fourth branch of power.

Proceeding from the proposed primacy of the Constitution over international law, Serbia will most likely suspend the implementation of the European Convention and thus abolish its own membership in the Council of Europe.