No. 021-01-69/2021-02  Date: March 15, 2021

GOVERNMENT OF THE REPUBLIC OF SERBIA, President

11000 Belgrade

Nemanjina 11

Dear Mrs. Brnabić,

Commissioner for Protection of Equality had a meeting with one of the Ombudsmen of Bosnia and Herzegovina, prof. Dr. Ljubinko Mitrović on Friday, March 12, 2021, when they discussed the problems faced by the residents of Bosnia and Herzegovina, who also have the citizenship of the Republic of Serbia, in the procedure of vaccination of the population against COVID 19 disease. Namely, on that occasion, Mr. Mitrović pointed out that, despite the fact that they had proper application documents for vaccination, medical staff employed in health centers in the border areas of our country refused to vaccinate a number of citizens of the Republic of Serbia, because they didn’t have a valid ID, i.e. residence on the territory of the Republic of Serbia, since they are also citizens of Bosnia and Herzegovina and also have the citizenship of Bosnia and Herzegovina. Furthermore, foreign citizens residing in the territory of the Republic of Serbia addressed the Commissioner electronically, pointing out the problem they faced in the procedure of vaccination of the population against COVID 19. Namely, after a properly submitted request for vaccination at the vaccination point at the Belgrade Fair, they were informed that they cannot receive the vaccine because they are not citizens of the Republic of Serbia, and that they will be able to receive vaccine only after all citizens of the Republic of Serbia are vaccinated. They stated in their letter that they are citizens who reside in the Republic of Serbia, who are taxpayers in our country, have the right to health care, but at the same time belong to categories of residents who are at increased risk of infection (belong to a certain age group, work in educational institutions and similar), and accordingly meet the prescribed conditions relating to the priority groups of the population envisaged for the vaccination.

Commissioner for the Protection of Equality firstly points out that the Constitution of the Republic of Serbia[1], in Article 21, prohibits discrimination, direct or indirect, on any grounds, which is further elaborated in Article 2, paragraph 1, item 1 of the Law on Prohibition of Discrimination[2]. Also, the Law on Prohibition of Discrimination in Article 3 stipulates that everyone has the right to be effectively protected from all forms of discrimination by the competent courts and other public authorities of the Republic of Serbia, and that a foreign citizen in the Republic of Serbia, in accordance with international agreements, has all rights guaranteed by the Constitution and the law, except for the rights that citizens of the Republic of Serbia exclusively have under the Constitution and the law.

Commissioner also reminds of the Law on Ratification of the Agreement between the Federal Republic of Yugoslavia and Bosnia and Herzegovina on Social Insurance[3], which stipulates in Article 2 that the agreement refers, inter alia, to health insurance, health care and maternity, and in Article 4. Equal treatment is established, i.e. that by the implementation of the legal regulations of one Contracting State, the nationals of the other Contracting State are equated with its nationals. Please note that the exceptions from Paragraph 1 of this Article apply only to legal regulations on the participation of insured persons and employers in the bodies of institutions and associations, to provisions related to the burden of insurance from international agreements concluded with third countries and to legal regulations on insurance of employees in official missions of one of the Contracting States in third countries or with the members of that mission.

Also, Article 2 of the Law on Ratification of the Agreement on the Establishment of Special Parallel Relations between the Republic of Serbia and the Republic of Srpska[4] [4], among other things, stipulates that the participants in the agreement will especially improve cooperation in the field of health and social policy, in accordance with the Peace Agreement and the Constitutions of the Republic of Srpska and Bosnia and Herzegovina.

Commissioner points to the Recommendations for vaccination against COVID 19 disease, issued by the Ministry of Health and the Expert Committee for Vaccination on January 12, 2021, which prescribes national recommendations in the Republic of Serbia and target groups for vaccination, with a list of priority groups according to intensity of virus transmission among the population, which are based on the principles and goals of the World Health Organization in terms of vaccination against this disease. Among 6 basic principles and 12 goals for vaccination is the principle of equal approach, which implies taking into account the interests of all individuals and groups when considering and deciding on priorities, by enabling all individuals and groups to be vaccinated according to certain priority criteria. Furthermore, the principle of equality at the national level was established by defining priorities for vaccination in the country itself, taking into account the sensitivity, risk factors and needs of groups that are at greater risk of developing COVID 19, due to social, geographical or biomedical factors. Also, the mentioned document determines the development of the system for delivery of vaccines and infrastructure necessary for ensuring the availability of vaccines against this virus to priority groups of the population and taking adequate measures to ensure equal access to everyone belonging to priority groups, protection of those at significant risk from COVID 19 and who have an important role in ensuring the well-being of others, including employees in health care institutions and other services important to the functioning of the society.

On ground of these principles and goals, a vaccination plan has been determined, which is implemented in three phases, in a way that employees of health care institutions with the highest risk of infection or transmission, employees of residential institutions for elderly and other social welfare institutions and persons belonging to older age groups are vaccinated in the first phase. In the second phase, vaccination is carried out for persons in general population aged 65-74 who were not included in the previous phase, persons younger than 65 with comorbidities or health conditions that pose a high risk of severe illness or death, employed in services / institutions of vital importance (with an increased risk of disease occurrence or transmission or which cannot provide physical distance), employees in the state administration or local self-government who are particularly exposed to infection (direct work with clients, field work, etc.) or who are especially endangered by the occurrence of severe forms of illness and death (presence of comorbidities), employees in utility and public companies, employees in the Ministry of Interior Affairs and justice, employees in companies and institutions of special importance for the functioning of society, which is determined by the Government of the Republic of Serbia or administrative body to whom the Government of the Republic of Serbia entrusts the preparation of such a list of priorities, employees in educational institutions with a higher risk of virus transmission (colleges and high schools), employees in preschool institutions. In the third phase, vaccination is carried out for employees in educational institutions with a lower risk of virus transmission (primary schools), essential staff of the non-medical and educational sector who were not included in the second phase, employees for vaccine production and laboratories in places with high risk of infection, persons who are at increased risk of infection, due to their social status, because they cannot provide physical distance (migrants and asylum seekers in collective accommodation, groups of people living in unhygienic settlements, the homeless and people living in extreme poverty, people over the age of 50 serving criminal sanctions).

Having in mind the above, it is clear that the only difference in determining vaccination groups is justifiably made in relation to the characteristics of the persons work, their age, health status, property status and similar, i.e. based on sensitivity, risk factors and the needs of groups that are exposed to a higher risk of occurrence and burden of COVID 19, due to social, geographical or biomedical factors. Therefore, the right to be vaccinated is not established only for citizens of the Republic of Serbia, but also for persons with dual citizenship and persons who are citizens some other countries, which have a residence in the Republic of Serbia, work in it, are taxpayers and so on. This is especially so because the list of priorities explicitly includes both migrants and asylum seekers who belong to the group of persons who are at increased risk of infection, due to their social status, since they cannot provide physical distance.

Commissioner welcomes the activities undertaken in the Republic of Serbia in order to enable vaccination against COVID 19 of as many people as possible, as well as the fact that the vaccination process (simple application procedure, list of priority categories or population defined by international standards, efficient vaccination system, etc.) is in accordance with all adopted international principles and goals and that the regulations of our state are fully in accordance with all international standards, without discrimination on any grounds.

Commissioner points out that, having in mind the results achieved by the Republic of Serbia in the fight against this pandemic and acts related to the vaccination procedure which were adopted in accordance with the highest international standards, it is necessary to eliminate irregularities that occur in practice, at vaccination points, and enable unrestricted vaccination of citizens of the Republic of Serbia who have dual citizenship, but also of foreign citizens who have a residence in our country, work in it, are taxpayers and so on. Therefore, the Commissioner proposes that the Government and the relevant ministry consider the possibility of adopting a special instruction which will clearly prescribe that these categories of residents have the right to vaccination under the same conditions as citizens of Serbia, in accordance with the conditions set out in the Recommendations for Vaccination against COVID 19.

[1] Constitution of the Republic of Serbia („Official Gazzette of RS”, No. 98/06)

[2] Law on the Prohibition of Discrimination („Official Gazzette of RS”, No. 22/09)

[3] Law on Ratification of the Agreement between the Federal Republic of Yugoslavia and Bosnia and Herzegovina on Social Insurance („Official Gazzette of SCG – International Agreements”, No. 7/03)

[4] Law on Ratification of the Agreement on the Establishment of Special Parallel Relations between the Republic of Serbia and the Republic of Srpska („Official Gazzette of RS – International Agreements”, No. 70/07)

Respectfully,

COMMISSIONER FOR THE PROTECTION OF EQUALITY 
Brankica Jankovic