The Committee on Economic, Social and Cultural Rights today concluded its consideration of the third periodic report of Serbia, commending the State on its almost universal health care system and asking about its progress in preventing forced labour and protecting human rights defenders.
A Committee Expert commended the health care system in Serbia, which was almost universal, but noted that there were issues concerning the financial stability of the system, particularly during the COVID-19 pandemic. Another Expert said that an area of concern was forced labour, reminding the Government of the duty to protect the labour market from human rights abuses. The mining sector remained an area of concern. On human rights defenders, a Committee Expert said that despite major improvements since the wars of the 1990s, their situation still remained difficult. It was reported that human rights defenders in Serbia operated in a hostile environment and regularly received online harassment and direct attacks. What was being done to better protect human rights defenders, especially those defending vulnerable groups?
The delegation said that the health care system was funded by an annual budget from the Government. In response to the pandemic, funds had been reallocated for crisis purposes and for providing priority health services for COVID patients. On forced labour, the delegation said that recipients of social welfare were not required to participate in unpaid labour but could participate in work experience voluntarily. However, some social work centres had misinterpreted these rules.
On human rights defenders, Gordana Čomić, Minister for Human and Minority Rights and Social Dialogue of Serbia and Head of Delegation, said that a strategy for the protection of human rights defenders had been drafted, aiming to deal with all the difficulties. Mechanisms would be insured using an inclusive process.
In presenting the report, Ms. Čomić said that Serbia was committed to strengthening the democratic society, which included respect of human and minority rights, paying special attention to promoting the rule of law and protecting human rights. Serbia paid great attention to improving the institutional framework.
In terms of legislative activity, many laws had been adopted. The Government’s Work Plan for 2022 envisaged ratifying the Optional Protocol to the Covenant.
The delegation of Serbia was comprised of representatives of the Ministry for Human and Minority Rights and Social Dialogue; the Ministry of Justice; the Ministry of Education, Science, and Technological Development; the Ministry of Family Welfare and Demography; the Ministry of Labour, Employment, Veteran and Social Affairs; the Police Directorate; the Permanent Representative of Serbia to the United Nations Office at Geneva; the Acting Assistant Minister for Human and Minority Rights and Social Dialogue; the Deputy Commissioner for Refugees and Migration; the Assistant Director of the Police; and the Assistant Director of the Office for Kosovo and Metohija.
In concluding remarks, Michael Windfuhr, Committee Expert, thanked the delegation for its detailed and direct answers, and for pointing out the institutions that it intended to strengthen. He was glad that the State party planned to ratify the Optional Protocol of the Covenant on Economic, Social and Cultural Rights.
Ms. Čomić expressed thanks for the Committee’s interest regarding the pursuit of economic, social and cultural rights in Serbia, and stated her hope that measures in place and future measures discussed would help to improve the economic, social and cultural rights of Serbian citizens.
Mohammed Ezzeldin Abdel-Moneim, Chair of the Committee, stressed that economic, cultural, and cultural rights were important human rights, and called on Serbia to uphold their importance.
The Committee will next meet at 11 a.m. on Thursday, 24 February, to conclude its consideration of the third periodic report of Uzbekistan (E/C.12/UZB/3).
Report
The Committee has before it the third periodic report of Serbia (E/C.12/SRB/3).
Presentation of Report
GORDANA ČOMIĆ, Minister for Human and Minority Rights and Social Dialogue of Serbia and Head of Delegation, said that Serbia was committed to strengthening the democratic society, which included respect of human and minority rights, paying special attention to promoting the rule of law and protecting human rights. Although Kosovo and Metohija were an integral part of the territory of Serbia, Serbia was not able to monitor the implementation of the Covenant there as they were under the management of the United Nations Interim Administration Mission in Kosovo. Serbia paid great attention to improving the institutional framework, and had established, among others, the Council for National Minorities, in order to achieve full inclusion of all minorities; a coordination body to improve the social inclusion of Roma men and women; and a National Contact Person for Lesbian, Gay, Bisexual, Trans and Intersex Issues. In terms of legislative activity, Ms. Čomić said many laws had been adopted, including a law on gender equality and amendments to the law on the prohibition of discrimination. The Government’s Work Plan for 2022 envisaged ratifying the Optional Protocol to the Covenant. Strategies had been adopted regarding violence against children, gender-based violence against women and domestic violence, gender equality, and developing a stimulating environment for civil society.
Serbia aimed to maintain macroeconomic stability and activities aimed at creating new jobs, increasing the minimum wage, and reforming the system of social benefits. The share of public expenditure for social aid, benefits and transfers was 14.8 per cent; the 2.9 per cent expenditure on social aid alone was insufficient. Following the outbreak of the pandemic and the introduction of a state of emergency in the country, social aid was automatically extended to beneficiaries whose rights expired during the first wave of the crisis. Local governments distributed aid packages, and humanitarian aid was provided to a number of Roma settlements with assistance from the United Nations Children’s Fund. Ms. Čomić said that Serbia managed migrations in accordance with human rights standards and commitments, providing basic conditions for all migrants, regardless of their status, for living, accommodation, food, hygiene and clothes. Emergency health care was provided to everyone, as well as protection in connection with childbirth and motherhood. Refugees and asylum seekers had the right to work, health and social protection, and support in integration, with special attention paid to the protection of children.
The results of the reform of the education system in Serbia had contributed to a reduction in the number of students with disabilities who were educated in special schools for students with disabilities. There were also continuous support measures in the education of Roma children and students. On the World Day for Cultural Diversity for Dialogue and Development, an online debate on the art of resistance to the pandemic, and on ways to deal with the consequences of the pandemic in the cultural sector, had been held. Financial aid was paid to independent artists, and cultural experts by the Ministry of Culture and Information as a result of the pandemic.
Ms. Čomić concluded by emphasising that Serbia was aware of the existing challenges and remained consistent in its efforts to reach standards in terms of improving the enjoyment of economic, social, and cultural rights of citizens.
Questions by Committee Experts
A Committee Expert noted that the economic, social and cultural situation of Serbia had been influenced by the pandemic and asked about the plans for training judicial institutions on economic, social and cultural rights, particularly those dealing with vulnerable groups. As for the office of the ombudsmen, the majority of cases concerned economic, social and cultural rights. The institution lacked funds and had limited office space and the Expert asked if there were plans to increase the budget and the office space? The Committee Expert asked about human rights defenders, saying that despite major improvements since the wars of the 1990s, their situation still remained difficult. It was reported that human rights defenders in Serbia operated in a hostile environment and regularly received online harassment and direct attacks. What was being done to better protect human rights defenders, especially those defending vulnerable groups? Were the cases of harassment being investigated and the perpetrators prosecuted?
The topic of free legal aid was raised, with the Committee Expert asking if there had been an evaluation of the law for legal aid for its designated group, and if it was available to stateless people. Would an information campaign be developed on this aid and its access? The Committee Expert expressed concern that civil society involvement was lacking in strategies, including the national housing strategy and the Roma national strategy, asking how this would be overcome. Several reports had been received that the strategies adopted under COVID had affected the most marginalised Serbians disproportionately, including Roma, people with disabilities and lesbian, gay, bisexual, transgender and intersex persons. Had the State party evaluated the COVID-19 measures? Were they proportionate and did they take the rights of the most vulnerable population into account?
The Committee Expert said that an area of concern was forced labour, reminding the Government of the duty to protect the labour market from human rights abuses. The mining sector remained an area of concern. Given the huge amount of mining projects in Serbia, how would the Government increase the number of mining inspectors? It was noted that while the legal framework of fighting corruption was in place, it was not fully integrated in practice. The Committee Expert said that public budget cuts had been implemented, which had affected the most vulnerable population. Pensions had also been reduced. It was reported that Serbia’s COVID responses packages were often redirected to the military and other activities; could the State party elaborate on this?
The Committee Expert recognised that a new law and national policies had been adopted, recognising groups which needed attention, including people living with disabilities. What were the key priorities in this area? Serbia had been taking steps to counter discrimination against minorities; however, the Roma group remained the most vulnerable, with a high risk of forced marriage. What measures were being taken to make sure the strategy for social inclusion was implemented, and the Roma people were being looked after? What was being planned to assist internally displaced people with their identity and birth registration and access to economic, social and cultural rights? The Committee Expert noted that lesbian, gay, bisexual, transgender and intersex people faced many challenges and a law allowing gay unions was not yet implemented. Could an update be provided on this? How would the Government ensure that perpetrators of sexual violence were prosecuted?
Responses by the Delegation
GORDANA ČOMIĆ, Minister for Human and Minority Rights and Social Dialogue of Serbia and Head of Delegation, said a plan for gender equality would be adopted shortly. The draft law for human rights included the establishment of institutions to ensure gender equality existed in Serbia. Legislation for lesbian, gay, bisexual, trans and intersex people had been drafted; however, the President had said he would not sign something that was not in the Constitution. The number of attacks in this area was not available, but the Ministry had done a lot of work to reduce the number of attacks. A strategy for the protection of human rights defenders had been drafted, aiming to deal with all the difficulties. Mechanisms would be insured using an inclusive process. Civil society development strategies were being developed. Ms. Čomić said there was a problem with founding institutional dialogue. Civil society was a necessary pillar for democracy and Serbia needed to create a society where non-governmental organizations could actively participate.
The delegation said the public housing strategy had been in process for the last 20 years. A new draft strategy with amendments provided by civil society organizations was available online. Regarding accessibility to public institutions, a programme had been implemented, strengthening capacities in Serbia. Over 40,000 Roma people were living in substandard settlements and they made up the poorest and most vulnerable part of the population of Serbia. The United Nations was urged to assist Serbia in this respect? In response to the COVID-19 pandemic, an additional number of staff in social welfare institutions had been hired. In 2020, there were around 4,000 people with disabilities housed by social welfare, with the largest number living in communities and with their families. An action plan was being drafted which would outline the strategy relating to people with disabilities, with the goal being to have the largest number of people with disabilities included in the community. The social welfare budget had been reduced and was insufficient to direct funds to the poorest categories.
The delegation responded to questions on training of public prosecutors and judges, saying this was included in the action plan for 2023. A number of training courses were occurring on a daily basis. Regarding the law on free legal aid, people had rights to legal aid, regardless of their citizenship, including persons under mandatory psychological treatment, children whose rights were decided by the courts, people who had protection under domestic and human trafficking, people seeking asylum in Serbia and refugees, and others.
As for internally displaced persons, over 200,000 people had been received over 20 years. Many of these people were needy, with no housing arranged and no income. This situation was unsupported in Serbia as all the collective centres had now been closed by the State. Intensive work remained on resolving the housing issues for internally displaced persons. In terms of reception centres for migrants, they were all open and the army was not present in a single centre. All centres regardless of status were available to cater to migrants’ needs, with support from the European Union. The capacities of the staff were being developed through professional development training.
The law on asylum was adopted in 2018 and was aligned with the European Union directives that regulated the field. Every foreigner seeking to cross the border would be registered and referred to the asylum centre. In collaboration with the European agency for asylum, training and processes for access to asylum were being developed. The law stated that persons had 15 days to submit an application for asylum; however, missing the deadline did not prevent the asylum procedure. When it came to deadlines for decision making on granting asylum, these were short, taking around three months which could be extended in specific circumstances. The extensions often occurred in certain categories of vulnerable persons.
Ms. Čomić responded to the questions on mining, saying that the Government had cancelled the regulation enabling the exploitation of lithium a few weeks ago, doing their best to rectify 80 years of mistakes. It was important to Serbia to decide what was best for the future and to harmonise a green agenda; this was a solid conviction of the Government. Ms. Čomić said that measures of aid had social value, not just material value, as people received money addressed to them in their own bank account, making them feel visible. She noted that while all measures within socio-economic plans were not good, there was also the need to look at the social added value brought on by a purely financial measure.
Follow-up Question by a Committee Expert
A Committee Expert said that the Committee had been informed that the Optional Protocol would be ratified, asking about the process and the time frame.
Responses by the Delegation
GORDANA ČOMIĆ, Minister for Human and Minority Rights and Social Dialogue of Serbia and Head of Delegation, said that the Government had included ratification of the Optional Protocol in its plan for 2022 and this was envisaged for the second quarter this year. The entire process should be completed by the end of 2022.
Questions by Committee Experts
A Committee Expert asked the State party about access to formal employment for hard to employ persons. Could the State party clarify the process of deciding who belonged to the category of hard to employ persons? How was the State party planning to enhance the sustainability of this policy? What types of employers, public or private, were mandated to employ these people? How secure was the employment? Could the State party provide information on the consultative process on vulnerable groups? Roma people continued to be in vulnerable situations. The Committee Expert said that it would be helpful to obtain clarification from the State party on the number of Roma people who had jobs in the mainstream market. On persons with disabilities, what was the total number of people with disabilities in Serbia? Was current data available on persons with disabilities who were employed? What was the status of reasonable accommodation? Were statistics available on redundancies and people with disabilities?
The Committee Expert asked about the Labour Law and the rationale behind it. The pandemic had triggered a number of concerns for the Committee on just and favourable work. How did the State party provide protection to frontline workers? Was the Serbian Government planning to adopt special measures on employment for vulnerable groups? Could the State party provide the total number of labour inspectors and the misdemeanours and penalties which had been handed out in response to violations. The current scope of labour inspections was limited. Was there a plan or policy to extend the scope to cover all areas of work? Could the Committee provide information on the role of inspectors on preventing human trafficking? A centre for trafficking victims had been established – how had the inspectors coordinated with the centre?
The Committee Expert asked the State party to update whether a new law protecting the right to strike had been passed. Had the State party embarked on a new economic reform programme? The Committee Expert noted concern about the informal sector, saying that migrant workers were often part of the informal sector and did not receive any legal benefits. How would the State party respond to these alarming issues? What had been the impact of COVID-19 on the Serbian economy? What was the current budget allocated for social benefits? Were some groups excluded from these benefits, such as Roma?
GORDANA ČOMIĆ, Minister for Human and Minority Rights and Social Dialogue of Serbia and Head of Delegation, said that reliable data on the Roma community would be available in April. There was data available from the census, but it was incomplete. Employers were not allowed to ask about ethnicity, so there was no complete data available on Roma in the workplace. The Action Plan for Minorities was being drafted.
The delegation stated that the employment policy was highly prioritised. The results of the National Strategy on Employment for 2011-2021 had been analysed and a mid-term report had been released. Women made up 53 per cent of people in active employment in 2011, and this rose to 56 per cent in 2019. Two per cent of people in active employment were members of the Roma community in 2011, and this rose to five per cent in 2019, as a result of Government support measures. Benefits were provided to employers who employed people under 30, elderly people, members of the Roma community and low-skilled people. Training and support in finding work was provided to unemployed persons, and financial support was also provided to self-employed persons and employers of people with disabilities.
Co-financing employment policies with local governments had had very positive results in tackling unemployment. There were 107 requests for co-financed measures in 2020, and support was offered to local Governments to fully finance such policies.
Three main goals for improving the employment sector had been set, including improving the position of unemployed people from disadvantaged groups. On 31 November 2021, there were 28,254 Roma persons registered as unemployed. The Government was working to improve the socio-economic position of the Roma.
Toward the end of 2020, there were over 19,000 persons with disabilities registered as being unemployed, including 8,000 women. Measures were in place to support disabled persons to find employment.
Two reports on the impact of COVID-19 on the labour market showed that there had been little impact of the pandemic on jobs due to Government support, and in fact the labour market had improved as fewer young people entered the labour market. However, women had had more difficulties during the pandemic.
The programme “My First Salary” was established to enable young people with secondary education degrees to gain additional skills and experience through apprenticeships. Members of the programme received financial aid and insurance. Over 8,000 people were included in the programme in 2021.
The Law on Professional Rehabilitation would be amended to address issues concerning working capacity, and to consider special forms of employment. Under the Law on Employment of Persons with Disabilities, employees were entitled to test their working capacities. Each year, the number of people who assessed their working capacities was rising. In February 2021, a five-year employment strategy and a three-year action plan to improve employment legislation had been enacted.
Public service employee salaries were regulated by State legislation, and there was no difference between the wage entitlements of men and women. Equal pay was provided for equal work. The Labour Law specified that any agreement in which men were paid more for work than women would be null and void; affected parties could lodge complaints.