No. 07-00-416/2023-02 date: 20 February 2024.

OPINION

The opinion was issued in the proceedings regarding the complaint of the Vojvodina Roma Center against the “Branko Radičević” Elementary School in Kosovska Mitrovica. In the complaint, it is stated that the name of the legal entity to which the complaint refers is: “Elementary school “Branko Radičević” Kosovska Mitrovica (Desanka Maksimović, Dositej Obradović, Vlado Ćetković, Braća Mihajlović, Veljko Banašević)” and that Roma children from preschool to fourth grade “legally belong” to the “Vlado Ćetković” school, while Roma students from higher grades are officially enrolled in the “Desanka Maksimović”, “Dositej Obradović”, “Braća Mihajlović”, and “Veljko Banašević” schools. It was further stated that schools attended only by Roma are located in the same building as the Elementary School “Branko Radičević” and that in practice, these schools (five schools attended only by Roma) form “only one school (one class in each year/eight classes in total) “, as well as that Serbian children attend classes in the afternoon, after the end of the first shift. It was stated in the statement of the principal of the “Branko Radičević” Elementary School Kosovska Mitrovica that in the 2022/2023 school year the school had eight students of Roma nationality and 610 students of Serbian and non-Albanian nationality, that in the school year 2023/2024 they have ten students of Roma nationality, as well as that since 1999 the southern schools (“Desanka Maksimović”, “Dositej Obradović”, “Vlado Ćetković”, “Braća Mihajlović”, and “Veljko Banašević”) are located in the same building as the school “Branko Radičević” Kosovska Mitrovica. In the course of the procedure, it was established that the students of five primary schools from the southern part of Kosovska Mitrovica attend classes in the building of the “Branko Radičević” elementary school in the northern part of Kosovska Mitrovica, but that they are not enrolled in this school, and that the schools in which they are enrolled are only using the building of the “Branko Radičević” elementary school Kosovska Mitrovica. Another indisputable fact that was established during the proceedings is that school in the 2022/2023 school year the “Branko Radičević” was attended by eight students of Roma nationality and 610 students of non-Roma nationality, that is, in the school year 2023/2024, 10 Roma students attend this school. From the aforementioned data, it is indisputable that students of Roma nationality attend classes together with other students, as well as that “Branko Radičević” Elementary School Kosovska Mitrovica has no obligation or authority to decide on enrollment and organization of classes in the aforementioned five schools. In the complaint, it is stated that the complaint is filed against the “Branko Radičević” Elementary School in Kosovska Mitrovica, and then the names of five more schools are listed in parentheses. For these reasons, the Commissioner asked the complainant to specify against whom they are submitting the complaint. In the meantime, the Commissioner requested a statement from the “Branko Radičević” elementary school, which is undisputedly mentioned in the complaint as the legal person against whom the complaint is filed. Given that the supplement to the complaint, from January 12, 2024, was not signed in accordance with the law and that after the supplement to the complaint, it remained imprecise against whom the complaint was filed, the Commissioner continued the proceedings only against Elementary School “Branko Radičević” Kosovska Mitrovica. In view of all the above, the Commissioner issued the opinion that in the proceedings of the complaint filed by the Vojvodina Roma Center Association, due to discrimination of students of Roma nationality, it was established that the Elementary School “Branko Radičević” Kosovska Mitrovica did not violate the provisions of the Law on Prohibition of Discrimination. Also, taking into account all the allegations of the complaint, the Commissioner for the Protection of Equality will, in accordance with the competencies prescribed by the provisions of Article 33, item 9) of the Law on Prohibition of Discrimination, recommend measures for the achievement of equality and protection against discrimination to Elementary School “Desanka Maksimović” Kosovska Mitrovica, Elementary School “Dositej Obradović” Kosovska Mitrovica, Elementary School “Vlado Ćetković” Kosovska Mitrovica, Elementary School “Braća Mihajlović” Kosovska Mitrovica and Elementary School “Veljko Banašević” Kosovska Mitrovica to start preparing a detailed and comprehensive desegregation plan and take intervention measures and activities from the Rulebook on the behavior of institutions in case of suspected or established discriminatory behavior and an insult to the reputation, honor or dignity of a person (“Official Gazette of RS”, No. 65/2018).

COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković