No. 07-00-492/2019-02  date: 14. 1. 2020.

OPINION

This opinion was issued in the procedure upon the complaint filed by the non-governmental organization AA, against “A.p.p.” d.o.o., on the grounds of discrimination of a group of persons on the basis of their personal characteristics – skin color and nationality. In their complaint the applicants stated that the non-governmental organization AA, organized a one-day excursion to “A.p.p” for 36 Roma children aged 6 to 16, on July 22, 2019. Around 2:45 p.m., the children and the guides were gathered in front of the locker room, and at one point the security arrived, “surrounded the group and informed them that they were to gather and not to move”. The security and the rescue team said that this was upon the order of the director’s son “because this was the place where his belongings and his friends’ belongings are, and he is afraid that something might disappear”. Witnesses AA, BB and VV confirmed these allegations from the complaint. On the other hand, in her statement regarding the complaint, Z.M. stated that she was not present when the conflict situation happened, but that she believes that, in this particular case, the issue was obviously, to put it mildly, a “mischief” of the group of visitors. She also stated that the very fact that security did not ask any of these people, misbehaving and violating the rules of conduct, to present their personal ID card, means that they were not sanctioned. This statement was accompanied by the statements of witnesses who have information about the conflict event. Within the proceedings, it was established that none of the witnesses, employed in “A.p.p.”, confirmed the allegations of the visitor D. M. that the group of children and adults, that is, any of the members of the Roma group “rummaged through” D. M.’s belongings, or that there was any inappropriate behavior of the visitors, other than sitting on deckchairs, nor any reason for the intervention of security. Within the proceedings, it was determined that the surrounding itself of the group of Roma children and their guides, as well as leading them to the exit, created a humiliating and insulting environment, and thus the Commissioner for Protection of Equality issued the opinion that the employees of “A.p.p.” in B. P. violated the provisions of Article 12, in relation to Article 24, of the Law on Prohibition of Discrimination. The Commissioner for the Protection of Equality recommended to “A.p.p” in B. P to send a written apology to the non-governmental organization AA for discriminatory treatment of members of the Roma national minority on July 22, 2019 in “A.p.p” in B. P, within 15 days from the day of receiving the opinion with the recommendation, as well as to take care in the future not to violate the legal regulations on the prohibition of discrimination by its statements and actions.