OPINION

The opinion was issued in the procedure on the complaint of the Alliance against the Minister of Foreign Affairs of the Government of the Republic of Serbia, Ivica Dačić, due to a statement made in the RTS Daily News, which referred to citizens of the Republic of Serbia of Montenegrin origin. In the complaint, it was stated that “Serbs from Montenegro, who have become citizens of Serbia, consider Serbia their motherland”, and that they “expected, at the very least, from the Minister of Foreign Affairs of Serbia, to raise the problem of the Serbian people in Montenegro, who are being discriminated against, at the national and international level, addressing the regime in Montenegro and the Security Council of the United Nations, as well as other international organizations, and not to place the blame on the Serbs, citizens of Serbia, originally from Montenegro, who have no liability at all”. It was further specified that this statement violated their right to freedom of opinion and that a humiliating and hostile environment was created for all citizens of the Republic of Serbia of Montenegrin origin. The statement disputes the allegations from the complaint and pints out that the statement was made in the context of the adoption of the Law on Freedom of Religion in Montenegro. It was further specified in the statement: “that we should not be silent about the ‘seizing of Serbian holy places in Montenegro’, and that, bearing in mind the seriousness of this issue, it must be a topic in the Serbian public”. The statement further states “that Minister Dačić additionally singled out the citizens of the Republic of Serbia who are originally from Montenegro, since they have a special sensibility for events in both countries, bearing in mind their origin, as well as the fact that the Republic of Serbia is their home, for some of them, several generations back”. During the procedure, it was established that in the RTS Daily News the following statement was given: “There is a principle of reciprocity in international relations. I am not in favor of any measures. I’m just saying that it is the moral obligation of everyone who has received Serbian citizenship, who owes everything to Serbia and the Serbian people, not to be silent about this issue.” He then stated that “the question is whether those who support the Montenegrin regime in the fight against the Serbian people should continue to have Serbian citizenship”. The analysis of the statement that Ivica Dačić gave to RTS Daily News, in the context of the topic that was the subject of the conversation, indicates that the Minister invited the citizens of the Republic of Serbia of Montenegrin origin to express their opinion about the situation in Montenegro that arose on the occasion of the adoption of the Law on Religious Communities. On the other hand, he questioned the right to citizenship of certain citizens of the Republic of Serbia who are of Montenegrin origin. In this regard, in accordance with the Constitution and the law, the expression of nationality is free, and no one is obliged to declare their nationality. Also, in accordance with the Law on the Protection of the Rights and Freedoms of National Minorities, it is prescribed that no one may suffer harm for expressing their national affiliation or for refraining from doing so. The Constitution of the Republic of Serbia and the European Convention on Human and Minority Rights provide protection against arbitrary interference by public authorities in a person’s right to freedom of expression. Bearing in mind the above, such a statement by high representatives of the public authorities created the image that citizens of Montenegrin origin should justify their citizenship, that is, they should fulfill additional conditions that are not required of other citizens of the Republic of Serbia. In this way, a sense of harassment is created for citizens of Serbia of Montenegrin origin that they may suffer consequences if they do not express their opinion regarding the events in Montenegro, or if their opinion does not coincide with that of the majority, that is, the views of public authorities. Therefore, the Commissioner issued the opinion that with the said statement, Minister Ivica Dačić violated the provision of Article 12 of the Law on Prohibition of Discrimination, which prohibits harassment and humiliating treatment, which is why he was recommended to issue a public apology regarding the said statement and to comply with the regulations which prohibit discrimination in the future.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković