Society Under Stress

The Reformist Democratic Party of Vojvodina (RDSV) recently upstaged the Federal Government when it published its draft law on the rights and freedoms of national minorities. That draft was submitted to parliament for debate.

Dejan Janca, the RSDV's legal expert and a former member of the UN Human Rights Committee, talks about that draft law, official policy, and the goals of the RSDV.

``It's unimaginable for FR Yugoslavia to regain its place in the UN and other institutions, have the sanctions lifted and reintegrate into the international community unless it regulates the position of national minorities and guarantees their rights. Also, it's vitally important for the country's stability that the state, if it aspires to be democratic, secures special privileges to make minorities completely equal with the dominant group. National minorities must be guaranteed the right to express and develop their particularities in order to integrate into society and accept it as their own,'' Janca said in response to criticism that there is no need to separate national minorities from overall human rights.

VREME: The authorities often brag of respect for the highest international standards in protecting minority rights.

Janca: That slogan is not only untrue, it doesn't mean anything. International treaties guarantee only a minimum of minority human rights. Those documents were used to formulate only the basic standards so that as many states as possible would ratify them. The signatories were left to regulate and guarantee a higher level of legal protection. If they have democratic ambitions they will do that not because of the international community but to achieve stable societies. On the other hand, it's obvious, and statistics confirm this, that the national minority policies implemented in this country have negative consequences. The Ruling party and most nationalist opposition parties don't care about their rights.

Federal Human Rights Minister Margit Savovic announced a new federal law.

Like most undemocratic, authoritarian systems, we have a long tradition of the state speaking out in favor of protecting individual and group national minority rights, but the mechanisms to implement norms were never developed. The real and fundamental protection of human rights was not enjoyed even by members of majority nations, let alone minorities. Mrs. Savovic's statements show that her Ministry is preparing a very restrictive law. For example, that law defines national minorities as communities with some particularities, who have native states outside the FRY which were recognized by the FRY. That definition of national minorities does not include Romanies, Macedonians, Croats, Moslems, Slovenes. A number of important minorities can't count on legal protection under that new law. When the law is adopted they will feel left out of society which inevitable leads to tension and we've seen how easily that grows into open conflicts.

Our draft law includes a system of mechanisms which would secure the protection of elementary human rights for minorities. Those mechanisms include positive discrimination and minority selfrule, comprehensive legal protection, and enables them to contact international institutions if they can't realize their rights.

VREME: What mechanisms are you proposing to protect minorities from positive discrimination?

Janca: If a national minority accounts for at least 0.5% of the population in a certain territory it has the legal right to at least one representative in the representative body for that territory. Minorities with over 5% of the population would be guaranteed a suitable representation in executive and judicial bodies.

VREME: How did you define minority selfrule?

Janca: National minorities which are minorities in local communities would have the right to selfgovernment. Minorities in several communities could unite to ensure their rights to education, culture, their own language. The legal standing of those bodies would allow them to initiate court proceedings and state bodies would be obliged to consult them on issues of importance to those minorities. We want to play an active role in creating policy and oversee the respect of their guaranteed rights. Without those things, society will be disunited and under constant stress.

VREME: In what cases can minorities demand protection of their rights from international institutions?

Janca: Our draft law allows groups and individuals to demand legal protection by applying to the federal constitutional court or through district courts. If they feel their rights are still endangered they are free to go to international bodies. Minorities could also receive financial aid from abroad which they are not allowed now.

VREME: Do you think your draft law could be adopted?

Janca: The RSDV has sent its draft proposal to many political parties and associations in Yugoslavia and called for cooperation and a joint initiative. We are convinced that the adoption of this or a similar law is inevitable but when that will happen depends on the balance of political power.