United Nations

CERD/C/SRB/Q/2-5

International Convention on the Elimination of A ll Forms of Racial Discrimination

Distr.: General

4 October 2017

Original: English

English, French and Spanish only

Committee on the Elimination of Racial Discrimination

Ninety-fourth session

20 November-8 December 2017

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined second to fifth periodic reports of Serbia

Note by the Country Rapporteur

1.The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (see A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The present document contains a list of such themes. This is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

Legal, institutional and public policy framework for combating racial discrimination (arts. 2-7)

2. Updated information on funding and anti-racism activities carried out by the Commissioner for the Protection of Equality and the Protector of Citizens (Ombudsman of Serbia) (CERD/C/SRB/CO/1, paras. 11 and 20; CERD/C/SRB/2-5, paras. 147-153; CERD/C/SRB/CO/1/Add.1, paras. 5-32).

3.Updated statistics, disaggregated by ethnicity, on the enjoyment of economic, social and cultural rights, including access to housing and health services (CERD/C/SRB/CO/1, para. 12; CERD/C/SRB/2-5, paras. 4-8 and annex 2).

4.Legislation defining and prohibiting racist hate crimes; statistics relating to the application of aggravating sentencing circumstances for offences motivated by race, nationality or ethnicity (CERD/C/SRB/CO/1, para. 13; CERD/C/SRB/2-5, paras. 28-34 and 68-79).

5.Updated statistics and examples of cases relating to investigations, prosecutions and sanctions for acts of racial discrimination, racist hate speech and incitement to racial hatred (CERD/C/SRB/CO/1, paras. 13 and 20; CERD/C/SRB/2-5, paras. 28-34, 68-79 and annex 3).

6.Specific measures taken and results obtained in identifying and combatting racist hate speech disseminated by various sources, including politicians, the media, online platforms, and football supporters and organizations (CERD/C/SRB/2-5, paras. 29-33; CERD/C/SRB/2-5, paras. 31-32, 78, 162 and 171).

7.Information on the decision-making power of National Minority Councils and on the effectiveness of measures they have taken.

Situation of Roma, Ashkali and Egyptians (arts. 2-7)

8.Outcome of measures taken, if any, to improve the housing conditions of and develop social housing programmes for Roma, Ashkali and Egyptian communities; information on the new Law on Housing and Residential Buildings; efforts to avoid residential segregation of minorities (CERD/C/SRB/CO/1, para. 14; CERD/C/SRB/2-5, paras. 56 and 60-67).

9.Information on specific measures to end de facto public school segregation, facilitate access to quality education, develop procedures for the reception, assessment and placement of Roma children returning from Western European countries, and increase the awareness of school teachers about the importance of these procedures (CERD/C/SRB/CO/1, para. 15; CERD/C/SRB/2-5, paras. 131-134, 176 and annexes 2 and 5; CERD/C/SRB/CO/1/Add.1, paras. 33-78).

10.Results of measures to combat discrimination against Roma, Ashkali and Egyptians, and to ensure their equal access to employment, health care, political participation and public places (CERD/C/SRB/CO/1, para. 16; CERD/C/SRB/2-5, paras. 35-59 and annexes 2 and 4; CERD/C/SRB/CO/1/Add.1, paras. 82-103).

11.Results of measures taken to ensure that all persons have access to personal identification documents, which are required to exercise their rights (CERD/C/SRB/CO/1, para. 19; CERD/C/SRB/2-5, para. 121).

12.Outcome of the implementation of the Strategy for Improvement of the Status of Roma as well as the Strategy for Social Inclusion of Roma and its related Action Plan for the period 2016 to 2025 (CERD/C/SRB/2-5, paras. 25-27).

Situation of other ethnic minorities (arts. 2-7)

13.Outcome of measures to combat stigmatization and prejudice towards Bosniak, Albanian, Vlach and Bunjevac communities (CERD/C/SRB/CO/1, para. 17; CERD/C/SRB/2-5, paras. 35-59).

14.Measures taken to ensure that ethno-religious minorities enjoy the right to freedom of religion, and to restitute property that was confiscated from ethno-religious minorities (CERD/C/SRB/CO/1, para. 18; CERD/C/SRB/2-5, paras. 109-112).

15.Initiatives taken for the official recognition that the massacres committed in Srebrenica constitute genocide (see International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber, Prosecutor v. Krstić, Case No. IT-98-33-A, judgment of 19 April 2004, paras. 35 and 38.

Situation of non-citizens, including migrant workers, asylum seekers and refugees (arts. 5-7)

16.Measures taken to combat trafficking in persons, including trafficking targeting migrants, asylum seekers and Roma children (CERD/C/SRB/2-5, para. 88).

17.Asylum grant rates and adequacy of funding for asylum procedures (CERD/C/SRB/2-5, para. 22).

18.Statistics relating to removal of asylum seekers to third countries; information on investigations of alleged ill-treatment of asylum seekers and other undocumented migrants.

19.Information on measures taken to provide adequate housing, employment opportunities and health care for migrants, including those returning from Western European countries, and educational opportunities, including vocational training, to unaccompanied migrant children (CERD/C/SRB/2-5, paras. 13-22; CERD/C/SRB/2-5, paras. 13-22).

Other concerns

20.Human rights training and education programmes implemented to foster intercultural dialogue, tolerance and understanding among members of the judiciary, law enforcement officials, lawyers, teachers, students and the general public (CERD/C/SRB/CO/1, para. 21; CERD/C/SRB/2-5, paras. 165-171).

21.Cooperation with the International Criminal Tribunal for the former Yugoslavia; efforts to ensure that all persons indicted for complicity and perpetration of crimes against humanity are brought to justice (CERD/CO/SRB/CO/1, para. 22; CERD/C/SRB/CO/1/Add.1, paras. 104-110).