07-00-00239 / 2021-02 date: 27.9.2021.

OPINION

The opinion was issued in the procedure regarding the complaint of AA, filed against the city of Subotica, due to discrimination against members of the Roma national minority. The complaint states that in Karađorđev put street, near number 1, in Subotica, there is a graffiti “Put gypsies in the grave”, that because of this graffiti Roma residents of Subotica feel fear, and that it is questionable why the competent authorities of the City of Subotica did not remove this graffiti. The Commissioner sent a request to the City of Subotica for a statement on the allegations from the complaint. As the city of Subotica did not respond to the allegations in the complaint, even after a repeated request, the Commissioner analyzed the case based on the facts and evidence at their disposal. Inspecting the photo submitted as an attachment to the complaint, it was determined that it was the city bus stop in Subotica, where the coat of arms of the city of Subotica was imprinted on the side support of the canopy of the bus stop, between two panels. On this panel, a graffiti is written in large black letters: “Put gypsies in the grave”. A part of the graffiti was pasted with white paper on which it was written: “Roma are equal members of the Subotica Society. Roma are our neighbors. A Roma a mi barátaink”. According to the Law on Local Self-Government, local self-government units are responsible for the quality and efficient exercise of their rights and entrusted competencies. A unit of local self-government may establish companies, institutions and other organizations that perform public services in order to exercise their rights and duties and to meet the needs of the local population, in accordance with the law and the statute. The City Statute prescribes the competence of the City of Subotica, among which are to regulate and ensure the performance of communal activities and local transport, to take care of the construction, reconstruction and maintenance of local roads and streets, as well as to take care of, protect and improve human and minority rights. Having in mind the established factual situation and the stated regulations, the Commissioner for the Protection of Equality gave the opinion that by failing to take measures to remove graffiti representing hate speech, either through its competent bodies or through legal entities founded by it, the city of Subotica violated Article 6. in connection with Art. 11 and 24 of the Law on Prohibition of Discrimination. The City of Subotica was recommended, to remove, if it has not already done that, the graffiti from the bus stop in Karađorđev put street in Subotica, as well as to take care and react in a timely manner to remove graffiti and messages that violate anti-discrimination regulations.

COMMISSIONER FOR PROTECTION OF EQUALITY

Brankica Janković