no. 07-00-535/2020-02 date: 22. 4. 2020.

OPINION

The opinion was issued in the procedure regarding eight complaints of natural persons against the Foundation A.A., due to discrimination on the grounds of nationality. The complaints state that the Foundation A.A. spreads fear among members of the Roma community and that post on the official Facebook page of the Foundation A.A. incite hatred, discrimination and violence against Roma. Since the complaints were filed regarding the same facts and against the same person, the Commissioner for the Protection of Equality merged the proceedings, and in order to determine the legally relevant facts and circumstances, requested a statement on the allegations from the complaint from B. B., director of the Foundation A. A. In the statement of the Foundation A. A. it is stated that the Foundation is a legal entity registered for the purpose of achieving social goals in the field of animal protection as well as achieving the best possible coexistence of humans and animals. Also, they believe that the comments of unknown persons submitted as “evidence of incitement to hatred and intolerance” as well as the alleged answers from the account of the Foundation A,A. cannot be considered as evidence, because there is no date and indication to which posts they refer. They also believe that the submitted posts can be part of any post or text on other portals or accounts on social networks, and that it is not possible to comment on them, because they do not have the strength or valid assumptions, and especially not of evidence. During the procedure, the Commissioner inspected the Facebook page of the Foundation and the comments that followed those announcements. After to the conducted procedure, the Commissioner gave the opinion that with the posts on the Facebook profile which encouraged discrimination and hatred towards Roma and non-removal of comments calling for violence, create fear, hostile, humiliating and insulting environment for members of the Roma national minority, Foundation A. A. violated the provisions of Art. 11 and 12 of the Law on Prohibition of Discrimination. Therefore, the Foundation A. A. was recommended to remove posts, content and comments that incite discrimination and hatred against Roma and that create fear, hostility, degrading and offensive environment for members of the Roma national minority. Furthermore, to provide an effective control system, so that, in the future, comments representing hate speech or harassing treatment based on nationality as a personal characteristic are not presented on the Facebook page of the Foundation A. A., as well as to take care that in the future that they do not violate the legal regulations on the prohibition of discrimination within their activities.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković