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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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