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PROVISIONAL
Doc. 11528
The situation of national minorities in Vojvodina and of the Romanian ethnic minority in Serbia
Compendium of Amendments
30 September 2008

Draft Resolution
1.
The Parliamentary Assembly notes that Europe’s societies are today multicultural and multiethnic in character.
Amendment 1
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
The title of the Resolution should read as follows:”The situation of national minorities in Vojvodina and of the Romanian and Bulgarian ethnic minorities in Serbia”.
2.
It resolutely defends cultural diversity, the importance of which is highlighted in several Council of Europe instruments and especially the Framework Convention for the Protection of National Minorities (CETS No. 157) and in the European Charter for Regional or Minority Languages (CETS No. 148).
3.
Diversity is not to be perceived as a threat, but as a source of enrichment. It should be respected and preserved as a fundamental component of any democratic society. Upholding the principles of human rights, rule of law and democracy is the best guarantee for diversity to be respected.
4.
Serbia, like the entire region of the Balkans, is one of Europe’s most multicultural countries. It must take up the inherent challenges of all multicultural societies by promoting a vision of society founded on respect for diversity, and by combating all forms of intolerance and discrimination.
5.
The region, Serbia included, remains marked by interethnic tensions, which are the legacy of the anti-minority policy of the Milošević era. Even today, incidents of an ethnic nature, with varying degrees of intensity, are recorded in Serbia.
Amendment 12
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ
In the draft resolution, delete paragraph 5.
Amendment 10
Presented by Mr György FRUNDA, Mr Zoltán SZABÓ, Mr Christos POURGOURIDES, Mr Tadeusz IWIŃSKI, Mr Andreas GROSS, Mrs Cornelia CAZACU
In the draft resolution, paragraph 5, after the words “anti-minority policy of the” insert the following words:”past, mainly the”.
6.
The Assembly stresses that intercultural dialogue and respect for the diversity of cultures are guarantees for long-term peace and stability in the region.
7.
Whereas the present situation in Vojvodina, a province whose composite ethnic make-up is one of the most pronounced in Serbia, seems satisfactory, and ethnic incidents are few and mild in intensity, it must be noted that in 2004 – a period marked by numerous and alarming interethnic incidents – the authorities reacted far too tardily.
Amendment 13
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ
In the draft resolution, replace paragraph 7 with the following paragraph:”The present situation in the Serbian province of Vojvodina, whose composite ethnic make-up is one of the most pronounced in the country, seems satisfactory and ethnic incidents are now few. Nevertheless, it must be noted that alarming interethnic incidents occured in 2004.”
Amendment 11
Presented by Mr György FRUNDA, Mr Zoltán SZABÓ, Mr Aristotelis PAVLIDIS, Mr Christos POURGOURIDES, Mr Tadeusz IWIŃSKI, Mr Andreas GROSS, Mrs Cornelia CAZACU
In the draft resolution, at the end of paragraph 7, add the following words: “and in an inadequate manner.”
Amendment 28
Presented by Mr György FRUNDA, Ms Elvira KOVÁCS, Mr Zoltán SZABÓ, Mr Frano MATUŠIĆ, Mrs Marija PEJČINOVIĆ-BURIĆ, Mrs Karmela CAPARIN, Mr Mario ZUBOVIĆ
In the draft resolution, paragraph 7, replace the words “seems satisfactory, and ethnic incidents are few and mild in intensity,” with the following words:”and ethnic incidents are few,”.
8.
The Assembly urges the Serbian authorities always to react with great celerity and firmness against the perpetrators of interethnic violence in all its forms.
9.
The Assembly welcomes the fact that a number of praiseworthy initiatives, including the 2002 legislative package, have been taken to advance the rights of national minorities, and encourages the authorities to pursue their efforts.
Amendment 14
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ
In the draft resolution, paragraph 9, line 2, after the words “legislative package” insert the following words:”and the new 2007 Serbian Constitution”.
Amendment 29
Presented by Mr Holger HAIBACH, Ms Marietta de POURBAIX-LUNDIN, Mr Boriss CILEVIČS, Mrs Herta DÄUBLER-GMELIN, Mr Dick MARTY
In the draft resolution, after paragraph 9, insert the following paragraph:”In this respect, the Assembly is very pleased to note that since the last elections the position of Minister for Human and Minority Rights has been re-instated and that the representatives of minorities are part of the ruling coalition with ministerial mandates.”
10.
These efforts should be backed up by a communication policy on the part of the state authorities, religious institutions and the media to promote the spirit of tolerance and intercultural dialogue and combat discrimination.
11.
The Assembly is pleased to note that a draft law against discrimination has been prepared and submitted for comment to the Venice Commission. Considering that, in Serbia, discrimination against members of minorities is still common, it is especially important that a law of this kind be speedily adopted and implemented.
Amendment 16
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ
In the draft resolution, paragraph 11, replace the second sentence with the following words:”The adoption and implementation of this law is especially important for the prevention of any future discrimination against members of minorities.”
12.
The Assembly is of the opinion that the ombudsman could and should perform an important role here. It therefore welcomes the long-awaited appointment of the Ombudsman of the Republic of Serbia on 29 June 2007.
13.
Furthermore, the authorities must make every effort to build the confidence of the minorities in the state’s representatives and to combat prejudices against minorities that may persist within the law enforcement agencies and the judiciary. The Assembly welcomes the existence of a programme to increase the representation of members of minorities in the police and judicial establishments, notably the establishment of a multiethnic police force in southern Serbia. It encourages the authorities to extend this initiative to other regions and especially Vojvodina.
Amendment 24
Presented by Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ, Mr Miloš ALIGRUDIĆ, Mr Armen RUSTAMYAN
In the draft resolution, paragraph 13, delete the first sentence.
Amendment 25
Presented by Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ, Mr György FRUNDA, Mr Miloš ALIGRUDIĆ, Mr Armen RUSTAMYAN
In the draft resolution, paragraph 13, after the word “extend”, insert the following words:”and apply”.
14.
The Assembly is nonetheless concerned to observe serious deficiencies in the realisation of the rights of minorities. It is the duty of the national, regional and local authorities to ensure full implementation of the relevant legislative provisions.
15.
Some legislative provisions have been lacking for several years, and this prevents the potential of the legislative framework developed in 2002 from being exploited to the best effect for the benefit of members of minorities.
16.
The Assembly is of the opinion that these shortcomings in the legislative apparatus impair the credibility of the authorities’ political will as regards the rights of minorities and is not conducive to building the confidence of the members of national minorities in the authorities.
17.
The Assembly is also concerned about divergences observed between regions in the enforcement of the rights of minorities and in the effective access to those rights for their members. It observes, in particular, that the members of national minorities in north-eastern Serbia are in a distinctly less favourable position that those of Vojvodina.
Amendment 15
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ
In the draft resolution, paragraph 17, delete the word “north-“.
18.
As to the question of the identity of minorities, and especially with regard to the debate over the Romanian and Vlach minorities, the Assembly recalls the principle set out in Article 3 of the Framework Convention for the Protection of National Minorities and reaffirms that any attempt to impose an identity on a person, or on a group of persons, is inadmissible.
Amendment 2
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft resolution, paragraph 18, after the words “Romanian and Vlach minorities”, insert the following words:”, as well as the Bulgarian minority”.
19.
The Assembly therefore encourages the members of the Vlach/Romanian minority in eastern Serbia to combine their efforts and overcome their internal disagreements in their own interest and in order to preserve the distinctive traits that make up their identity. Here the Serbian authorities have a duty not to impede but to support initiatives in that direction.
Amendment 3
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft resolution, paragraph 19, after the words “Vlach/Romanian minority”, insert the following words:”and the Bulgarian national minority”.
Amendment 17
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS
In the draft resolution, paragraph 19, replace the words “Vlach/Romanian minority” with the following words:”Romanian and Vlach minorities”.
Amendment 18
Presented by Mr Miloš ALIGRUDIĆ, Mr Davit HARUTYUNYAN, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS
In the draft resolution, paragraph 19, replace the word “identity” with the following word:”identities”.
20.
Aware of the criticisms which have been levelled at the law of 2006 on churches and religious organisations in the Republic of Serbia, and particularly the question of (non) recognition of the Romanian Orthodox Church by that law, the Assembly is surprised at the dominant influence of the Serbian Orthodox Church in the recognition of other churches and/or religious communities. The Assembly invites the Serbian authorities to look into this question and to delete the references to the canon law of one church with respect to the other churches or religious communities.
Amendment 19
Presented by Mr Miloš ALIGRUDIĆ, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ
In the draft resolution, delete paragraph 20.
21.
Finally, aware that co-operation between the state of residence and the kin-state under bilateral agreements is of real value in guaranteeing stability in Europe, the Assembly calls upon the Serbian authorities to intensify their good neighbourly relations with the kin-states (Romania, Hungary and “the former Yugoslav Republic of Macedonia”) by fully implementing the bilateral agreements which they have signed.
Amendment 4
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft resolution, paragraph 21, after the words “Romania, Hungary”, insert the following word:”, Bulgaria”.
Amendment 9
Presented by Mrs Mirjana FERIĆ-VAC, Mr Miljenko DORIĆ, Mr Frano MATUŠIĆ, Mr Mario ZUBOVIĆ, Mr Kornél ALMÁSSY, Mr Attila GRUBER
In the draft resolution, paragraph 21, after the words “Romania, Hungary”, insert the following word:”, Croatia”.
Amendment 20
Presented by Mr Miloš ALIGRUDIĆ, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Davit HARUTYUNYAN
In the draft resolution, at the end of paragraph 21, add the following sentence:”The same applies to the authorities of the kin-states.”
22.
Accordingly, the Assembly invites the competent authorities of the Republic of Serbia:
22.1.
to pay greater attention to allegations of interethnic violence and deal with them expeditiously, firmly and efficaciously, particularly by means of effective police investigations and judicial proceedings;
22.2.
to consider re-instating the position of Minister for Human and Minority Rights;
Amendment 30
Presented by Mr Holger HAIBACH, Ms Marietta de POURBAIX-LUNDIN, Mr Boriss CILEVIČS, Mrs Herta DÄUBLER-GMELIN, Mr Dick MARTY
In the draft resolution, delete paragraph 22.2.
22.3.
to ensure that the legislation on the rights of minorities, particularly the laws enacted in 2002, are effectively implemented;
22.4.
to establish as speedily as possible the fund for promoting the social, economic, cultural and general development of national minorities provided for in section 20 of the framework law of 2002 on the protection of the rights and freedoms of national minorities;
22.5.
to rapidly pass a law against discrimination, taking into account the comments made by the Venice Commission;
22.6.
to adopt as a matter of priority the legislative texts on the financing and election of the national councils for national minorities, taking account of the comments by Council of Europe experts on the draft law on elections;
Amendment 26
Presented by Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Zoltán SZABÓ, Mr György FRUNDA, Mr Miloš ALIGRUDIĆ, Mr Armen RUSTAMYAN
In the draft resolution, paragraph 22.6, replace the words “financing and election” with the following words:”election, competences and financing”.
22.7.
to define more precisely the functions and obligations of the national councils for national minorities while granting them the necessary funds to accomplish their missions;
22.8.
to introduce a mechanism enabling the national councils for national minorities to supervise the acts of the executive with regard to the rights of minorities;
22.9.
to convene more frequent and regular meetings of the National Council for National Minorities;
22.10.
to envisage appointing a deputy ombudsman in charge of questions relating to the rights of minorities;

22.11.
to give the autonomous provinces adequate financial guarantees;
Amendment 21
Presented by Mr Miloš ALIGRUDIĆ, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ
In the draft resolution, delete paragraph 22.11.
Amendment 31
Presented by Mr Holger HAIBACH, Ms Marietta de POURBAIX-LUNDIN, Mr Boriss CILEVIČS, Mrs Herta DÄUBLER-GMELIN, Mr Dick MARTY
In the draft resolution, replace paragraph 22.11 with the following sub-paragraph:”while acknowledging the improvements contained in the new Constitution in this respect, to further strengthen the stability of the budgets of the autonomous provinces;”
22.12.
to take positive measures in favour of persons belonging to minorities, including the Vlach/Romanian minority, and to eradicate all discrimination against their members;
Amendment 22
Presented by Mr Miloš ALIGRUDIĆ, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS, Mr Armen RUSTAMYAN
In the draft resolution, paragraph 22.12, replace the words “Vlach/Romanian minority” with the following words:”Romanian and Vlach minorities”.
Amendment 27
Presented by Ms Elvira KOVÁCS, Mr Zoltán SZABÓ, Mr Frano MATUŠIĆ, Mrs Marija PEJČINOVIĆ-BURIĆ, Mrs Karmela CAPARIN, Mr Gvozden Srećko FLEGO, Mr Mario ZUBOVIĆ, Mr Miloš ALIGRUDIĆ, Mr Dragoljub MIĆUNOVIĆ, Ms Kateřina KONEČNÁ
In the draft resolution, paragraph 22.12, replace the words “minorities, including the Vlach/Romanian minority,” with the following words:”all national minorities”.
22.13.
to intensify their efforts for the furtherance of initiatives to promote a spirit of tolerance and intercultural dialogue;
22.14.
to step up initiatives to train teachers with the requisite qualifications for language teaching and teaching in minority languages;
22.15.
to continue developing bilingual and mother-tongue schools;
22.16.
to eliminate the regional differences that exist in effective safeguards for the rights of minorities (particularly for the use of minority languages in administration, education in minority languages, freedom of religion, etc.) by the full application throughout the territory of the existing legislation in these matters;
22.17.
to take the necessary measures in order to provide for the Vlachs/Romanians living in Eastern Serbia (the Timoc, Morava and Danube valleys) access to education, the media and public administration in their mother tongue and to allow them to hold religious services in that language;
Amendment 23
Presented by Mr Miloš ALIGRUDIĆ, Ms Elvira KOVÁCS, Ms Donka BANOVIĆ, Ms Nataša VUČKOVIĆ, Mr Dragoljub MIĆUNOVIĆ, Mr József BERÉNYI, Mr Egidijus VAREIKIS, Mr Miloš JEVTIĆ, Mr Iván FARKAS
In the draft resolution, replace paragraph 22.17 with the following sub-paragraph:”to take necessary measures in order to facilitate access to education, the media and public administration in their mother tongues for the Romanian and Vlach minorities living in Eastern Serbia;”
Amendment 5
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft resolution, paragraph 22.17, after the words “Vlachs/Romanians”, insert the following words:”and Bulgarians”.
Amendment 6
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mr Ivan POPESCU, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft resolution, paragraph 22.17, after the words “the Timoc, Morava and Danube valleys”, insert the following words:”as well as the Districts of Dimitrovgrad and Bosilegrad”.
22.18.
to identify and apply technical solutions which would enable persons living in eastern Serbia to receive broadcasts in Romanian made in Vojvodina;
22.19.
to provide for exceptions to the media privatisation procedures for the benefit of the media operating in minority languages, in order to ensure their viability.
23.
The Assembly also calls upon Serbia and the kin-states concerned to convene as early as possible the joint intergovernmental committees provided for in the bilateral agreements concluded by them on co-operation in the field of the protection of national minorities.
24.
The Assembly invites its Committee on the Honouring of Obligations and Commitments by member states of the Council of Europe (Monitoring Committee) to take proper account of the proposals contained in this resolution while conducting its dialogue with the Serbian authorities.

Draft Recommendation
1.
The Parliamentary Assembly, referring to its Resolution … (2008) on The situation of national minorities in Vojvodina and of the Romanian ethnic minority in Serbia, invites the Committee of Ministers to take into account, during its regular monitoring, the recommendations made to the Serbian authorities in the aforementioned Resolution, and bear it in mind in the context of the forthcoming cycle of monitoring under the Framework Convention for the Protection of National Minorities.
Amendment 7
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Ivan POPESCU, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
The title of the Recommendation should read as follows:”The situation of national minorities in Vojvodina and of Romanian and Bulgarian ethnic minorities in Serbia”.
Amendment 8
Presented by Mrs Nadezhda MIKHAILOVA, Mr Ivan Nikolaev IVANOV, Mrs Aneliya ATANASOVA, Mrs Darinka STANTCHEVA, Mr Ivan POPESCU, Mr Jean HUSS, Mrs Eva GARCÍA PASTOR
In the draft recommendation, paragraph 1, replace the words “The situation of national minorities in Vojvodina and of the Romanian ethnic minority in Serbia” with the followng words:”The situation of national minorities in Vojvodina and of the Romanian and Bulgarian ethnic minorities in Serbia”.
2.
The Assembly also recommends that the Committee of Ministers and the Serbian authorities consider launching new targeted assistance programmes to support the development of concrete plans of action to promote a spirit of tolerance and intercultural dialogue, and in particular to build the confidence of the minorities in the state institutions and to combat prejudices against minorities that may persist within law enforcement agencies and the judiciary.