Annul the current procedure for electing the Commissioner for the Protection of Equality

Human rights organisations warn the domestic and international public that the manner in which the procedure for electing the new Commissioner for the Protection of Equality of the Republic of Serbia was conducted has resulted in a serious undermining of this process. Such an approach erodes the credibility of an institution that is essential in the fight against discrimination and diminishes its capacity to independently and effectively protect the human rights of all citizens of Serbia.

The way the procedure was carried out, the lack of engagement with the wider public and relevant stakeholders, and a series of steps that deviated from expected standards indicate that the state did not pursue a transparent and inclusive process, but rather sought to control the procedure itself. As a result, the opportunity to strengthen the mission and credibility of this independent institution was lost.

A deadline of only eight days, several of which fell on a weekend and a public holiday, did not allow for meaningful consultation or consideration of a broader pool of candidates. This creates the impression that the goal of the Serbian Parliament, which conducts the entire procedure, was not to ensure the selection of the most qualified candidate, but merely to fulfil a minimal formal obligation.

Civil society organisations wish to further emphasise the political context of this process, given that the institution of the Commissioner for the Protection of Equality is one of the key independent institutions. Unlike other selection procedures, which have often been prolonged or conducted with months of delay, this process was carried out extremely quickly and without any real space for public debate. Such speed points to a clear political intention to place this institution under direct influence of the authorities. These actions send a disturbing message regarding the readiness of institutions and decision-makers to actively weaken human rights protection mechanisms and further narrow the space for independent institutional action.

The Law on the Prohibition of Discrimination requires that the candidate meet high moral standards and enjoy public trust. Although two of the three proposed candidates meet the formal requirements of expertise and experience, the statements and public appearances of the candidate nominated by the parliamentary group “Aleksandar Vučić – Serbia Must Not Stop” in recent years raise questions about his ability to perform the function in accordance with the principles of independence, political impartiality, and equal treatment of all citizens without discrimination. Should such a candidacy be confirmed, there would be a genuine concern that the National Assembly is sending the message that it is not committed to preserving the Commissioner for the Protection of Equality’s reputation and substantive independence.

With this procedure, the National Assembly is missing the opportunity for the fifth time to strengthen the institution of the Commissioner and demonstrate a genuine commitment to the values of equality and democracy. Therefore, we call on the National Assembly to:

1. Annul the current procedure and restart it from the beginning.

2. Conduct a new, fully transparent and participatory process, involving civil society organisations and other relevant stakeholders, with an adequate timeframe that ensures genuine competition and the selection of the best candidate.

Signatories:

1. Balkans Forward Foundation
2. Belgrade Centre for Human Rights
3. Group “IZADJI”
4. NGO Praxis
5. Civic Initiatives
6. Trag Foundation
7. BalkanIDEA Novi Sad
8. Independent Journalists’ Association of Serbia
9. Lawyers’ Committee for Human Rights YUCOM
10. Youth Initiative for Human Rights
11. Helsinki Committee for Human Rights
12. Autonomous Women’s Centre – AWC
13. Association Da se zna!
14. A11 Initiative
15. Human Rights Committee Network in Serbia (CHRIS)
16. Uzice Centre for the Rights of the Child
17. Belgrade Pride
18. Music Art Project
19. Centre for Youth Integration
20. Environmental Organisation EcoSync
21. Citizens’ Association for Combating Trafficking in Human Beings and All Forms of Violence Against Women Atina
22. Initiative for the Rights of Persons with Mental Disabilities MDRI-S
23. Okular
24. Association “Miona” Aleksandrovac
25. Group for Children and Youth “Indigo”
26. Psychosocial Innovation Network – PIN
27. Labris – Lesbian Human Rights Organisation
28. CZKD
29. Creative Pedagogy
30. Centre for Modern Skills