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Serbia and the 38th Session
of CEDAW: A PeaceWomen Review
By Rose Anderson
On 16 May 2007, Serbia presented its Initial
Report to the CEDAW Committee of Experts for consideration at the
Committee's 38th Session, which took place between 14 May and 1
June 2007.
Introduction
Serbia became an independent state in 2006 after the dissolution
of the State Union of Serbia and Montenegro. Prior to formation
of Serbia and Montenegro, Serbia was the federal unit of Federal
Republic of Yugoslavia (FRY) that ceased to exist in 2003. The FRY
signed CEDAW in 2001, and ratified the optional protocol in 2002.
After the dissolution of the FYR, Serbia continued its membership
in international treaties, including CEDAW. The report treated the
period from 1992-present as two separate reporting periods, one
from 1992-2003 and 2003-present, in order to correspond with the
changing geographical and political boundaries of the region.
Issues Facing Serbian Women
There are many lingering effects of the conflicts within the FRY
that impact Serbian women. Domestic violence, especially marital
rape, along with other gender-based violence (GBV) is very prevalent,
as are issues of sexual harassment within the workplace, gender
discrimination, insufficient representation of women in the decision-making
levels of government, and economic marginalization. These issues
are present within the Roma population of Serbia, often to a more
severe degree. Roma women are presented with additional obstacles
to health care and education, due to a combination of ethnic and
gender discrimination. These issues also pertain to other marginalized
women in the region, such as those that are refugees or internally
displaced, lesbian, bisexual or transgender, disabled, or members
of other ethnic minority groups.
Report of the Serbian Delegation
During the initial presentation, Ms. Vesna Ilic Prelic, State Secretary
and head of the Serbian Delegation, clarified that the Initial Report
only covers Serbia, and though Kosovo is within its state boundaries,
Serbia cannot take responsibility for CEDAW implementation there.
This is due to the fact that Kosovo is an autonomous province, under
administration on the United Nations (UNMIK). Ms. Prelic addressed
the human rights situation in Kosovo as very grave, adding that
the true responsibility for Kosovo lies with the UN at the present
time. In this, the Serbian Delegation seemed to be releasing itself
from responsibility for the human rights issues within the province,
as well as the implementation of CEDAW.
The delegation spoke of Serbia’s new Constitution,
adopted in November, which prohibits all forms of discrimination,
including slavery, trafficking, sexual exploitation and abuse, and
forced labor. Ms. Prelic also spoke on a gender equality law that
is being drafted, which has a focus on the removal of sexual harassment
in the workplace, economic equality and women’s social, cultural,
and economic rights, adding that domestic abuse and marital rape
is prohibited under the country’s Criminal Code.
1325 Themes and Response
The situation of the Roma women was a major talking point of the
session, and various questions regarding the representation of these
women in municipal and national governance were asked. The Serbian
Delegation responded by speaking of recent programs aimed at increasing
electoral and political participation of Roma women, adding that
special temporary measures such as quotas may be implemented in
the near future.
The Committee of Experts asked the Serbian Delegation
how the National Action Plan for Gender would affect women that
had been victimized by war. More specifically, it was asked if there
were plans for a reparations program for female victims of war crimes.
The Delegation was also asked if the Serbian government had plans
to educate the public on Security Council Resolution 1325 on Women,
Peace, and Security, and encouraged the government to incorporate
the principles of 1325 into its framework. Regarding Kosovo, the
Experts emphasized the importance of women’s contributions
to post-conflict reconstruction, and the Serbian delegation was
asked to encourage women’s full participation in peace and
reconciliation efforts in Kosovo. Unfortunately, the Serbian Delegation
did not respond to these queries.
In the Concluding Comments of the Session, the
Committee of Experts reccomended that Serbia strengthen the Council
for Gender Equality by significantly increasing its human and financial
resources and technical capacity so that it can effectively implement
the tasks required by its mandate. The Gender Equality Council is
also asked to extend greater focus on the Roma, as well as other
minority groups.
The Committee also recommended that Serbia strengthen
and implement measures to increase the representation of women in
appointed bodies and in government, specifically in high levels
of decision-making. To this end, the Committee recommended that
Serbia put in place an action plan for the full implementation of
Security Council Resolution 1325 to attain this goal.
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USEFUL RESOURCES
CEDAW
State Party Report of Serbia
Concluding
Comments of the CEDAW Committee
NGO Shadow Report from
Voice of Difference
NGO Shadow Report from
the European Roma Rights Centre
UN
Press Release on the CEDAW Committee’s Review of Serbia’s
Report
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