Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

AuthorKrstic, Ivana
Pages70-79
70
7 BODIES FOR THE PROMO TION OF EQ UAL TREATMENT (Article 13 Directive
2000/43)
a) Body d esignated for the promotion of equal treatment irrespective of racial/ethnic
origin according to Article 13 of the Racial Equality Directive
In Serbia, a ‘specialised body’ – the Commissioner for the Protection of Equality has been
designated under Article 1(2) of the LPD for the promotion of equal treatment irrespective
of any ground, including racial or ethnic origin, in accordance with Article 13 of the Racial
Equality Directive. The first Commissioner was elected in May 2010, nd the second in May
2015.
b) Political, economic and social context of the designated body
The Commissioner for the Protection of Equality is working at a very challenging time,
bearing in mind that independent bodies do not have real support from the Government.
From their establishment, independent bodies in Serbia face difficulties in getting adequate
premises for their work, adequate financial means and staff as well as t echnical and other
support.218
It is illustrative to mention that the Office of the Commissioner opened in June 2011, in
premises that were not adequate in terms of accessibility and technical and spatial
capacity. That situation remained unchanged, although the number and range of activities
of the Office increased over time. For that reason, the Commissione r repeatedly stated in
their reports that there was a need to improve the spatial capacity for the Commissioner’s
work.219 On 30 Oct ober 2015, the Commis sioner finally received a decision on moving to
other pr emises220 that would meet the spatial and technical requirement s in an ar ea of
1 008 m2. Since October 2016, the Commissioner has been using the new premises, which
has made it possible to employ 60 staff members as stipulated by internal acts.221 In 2017,
36 staff m embers were employed, which is 60 % of the estimated total number.222 ECRI
has concluded that the Commissioner has been provided with add itional staff and
appropriate premises, and that sh e has a ‘high degree of independence’.223 In 2018, the
number of employed staff members increased to 39, or 65 % of the estimated total
number,224 which is still not enough, bearing in mind the number of activities that the
Commissioner performs. In 2019, the situation did not improve quite the opposite. While
an internal a ct stipulated the necessity of having 60 staff members ( five less than the
recommendation in 2018), only 39 were employed.225
218 Marko Davinic (2018), Independent controlling bodies in the Republic of Serbia (nezavisna kontrolna tela u
Republici Srbiji), Belgrade, p. 296. See also Civil Right Defenders (2019) Effectiveness of Human Rights
Institutions in the Western Balkans: Montenegro, North Macedonia, Serbia, Comparative Report, What is
behind and beyond average?
219 Commissioner for the Protection of Equality (2017), Regular annual report of the Commissioner for the
Protection of Equality for 2016, Belgrade, p. 15.
220 Commissioner for the Protection of Equality (2016), Regular annual report of the Commissioner for the
Protection of Equality for 2015, Belgrade, p. 28.
221 Rulebook on internal arrangement and systematisation of working matches in the expert service of the
Commissioner (Pravilnik o unutrašnjem uređenju i sitematizaciji radnih mesta u Stručnoj službi Poverenika),
Personnel Plan for 2018, Official Gazette of the Republic of Serbia, No. 113/2017, 25 December 2017.
222 Commissioner for the Protection of Equality (2018), Regular annual report of the Commissioner for the
Protection of Equality for 2017, Belgrade, p. 20.
223 ECRI, Report on Serbia (fifth monitoring cycle), Council of Europe, adopted on 22 March 2017, pp. 9, 16.
224 Commissioner for the Protection of Equality (2019), Regular annual report of the Commissioner for the
Protection of Equality for 2018, Belgrade, p. 24.
225 Commissioner for the Protection of Equality (2020), Regular annual report of the Commissioner for the
Protection of Equality for 2019, Belgrade, p. 26.

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