No. 07-00-255/2025-02 Date: March 24, 2025.
CULTURAL INSTITUTION ĆUPRIJA
– to director Stefan Stamenković-
35230 ĆUPRIJA
- Oktobra Street
Subject: Recommendation of measures for achieving equality and protection against discrimination
Dear Mr. Stamenković,
We have received a complaint from the Youth Initiative for Human Rights against the Cultural Institution Ćuprija regarding the publication of a competition on December 10, 2024, for the creation of a mural dedicated to General Nebojša Pavković. It is stated that Nebojša Pavković was convicted of crimes against humanity (under four counts: deportation, forcible transfer, murder, and persecution) and violations of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia. The complaint further asserts that displaying a mural of a person convicted of war crimes in a public space constitutes discrimination against members of the Albanian community in Serbia, incites national hatred, and represents a violation of international treaties. Attached to the complaint were a photograph of the winning mural design, which is the conceptual work of artist Marija Komarac, published on the institution’s website, and the judgment of the International Court for the prosecution of persons responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia since 1991, No. IT-05-87-A of January 23, 2014, which convicted Nebojša Pavković.
The Commissioner for the Protection of Equality is an independent state authority established by the Law on the Prohibition of Discrimination[1]. The provisions of Article 33 of the Law on Prohibition of Discrimination prescribe the competences of the Commissioner for the Protection of Equality. One of the fundamental competences of the Commissioner is to recommend measures to public authorities to achieve equality and protection against discrimination.
A review of the submitted evidence indicates that a thematic competition for a conceptual design of a mural dedicated to General Nebojša Pavković was published on the official website of the Cultural Institution Ćuprija, and that the competition has concluded with a winning design selected.
Considering that the mural has not yet been created, and that the winning design was published on February 6, 2025, the Commissioner takes this opportunity to point out that, in a previous case involving the painting of a mural of a person convicted of war crimes in Belgrade, municipal inspectors from the Department of Inspection Affairs, as the competent state authority, issued a decision ordering the removal of the mural from the building façade within two days from the date of notification of the decision.
Furthermore, it should be noted that Article 197, paragraph 1 of the Law on General Administrative Procedure[2] stipulates that if the obligation of the obligated party consists of an action that may also be undertaken by another person, and the obligated party fails to perform the action in full or performs it only partially, the action shall be carried out by another person at the expense of the obligated party. Paragraph 2 stipulates that in such cases, the authority enforcing the decision may order the obligated party, by a decision, to deposit the amount necessary to cover the costs of enforcement, with the final accounting to be made subsequently. All costs of enforcement carried out by another person shall be borne by the obligated party. If the obligated party fails to voluntarily pay the enforcement costs, the supplementary decision determining such costs shall be enforced through the court, as the obligated party’s obligation then becomes a monetary obligation. In this manner, in the case of enforcement through another person, the obligated party’s duty to perform a specific action is converted into a financial obligation.
The Commissioner further points out that in European practice, the glorification of persons convicted of war crimes through murals, monuments, and street names is subject to strong criticism and may be interpreted as revisionism, denial of crimes, and hate speech. Such actions send a misleading message that society does not recognize the judgments of international courts and lacks empathy for the victims.
When it comes to a conviction for one of the most serious crimes under international law (crimes against humanity), this should be a sufficient reason for any democratic society and all of its institutions to refrain from glorifying a person convicted of such acts. In this regard, we remind that the Law on Culture stipulates that a cultural institution is established for the purpose of carrying out cultural activities that ensure the realization of citizens’ rights, the satisfaction of citizens’ needs, as well as the achievement of other legally defined interests in the field of culture. When selecting topics for thematic competitions, a cultural institution must take into account the reasons for its establishment and the goals it is meant to achieve through its activities. The fact that, in this particular case, the subject is a person convicted of serious crimes under international law and currently serving a long-term prison sentence certainly does not contribute to this goal.
The implementation of the thematic mural competition and the public display of the mural of General Nebojša Pavković in a public space accessible to all citizens of Ćuprija may lead to negative reactions, including incitement to hatred, discrimination, and divisions within society, as well as secondary victimization of all conflict victims and their families, and disruption of interethnic and intercommunal relations. The creativity and artistic expression that are at the core of every cultural institution’s mission should be directed toward improving and enhancing the lives of all citizens of the city and fostering an atmosphere of togetherness, empathy, solidarity, peace, stability, and respect for the rights of all people, regardless of any of their personal characteristics.
In view of the above, and considering the fact that the mural has not yet been created, the Commissioner for the Protection of Equality, in accordance with the authority granted under Article 33, item 9 of the Law on the Prohibition of Discrimination, issues a recommendation of measures to the Ćuprija Cultural Institution for the achievement of equality and protection against discrimination, advising that the implementation of the competition and the display of the mural in a publicly accessible location be immediately suspended.
The Ćuprija Cultural Institution shall inform the Commissioner for the Protection of Equality about the implementation of this recommendation within 30 days from the date of receipt of this recommendation of measures for achieving equality and protection against discrimination.
In accordance with the law, no appeal or objection may be filed against conclusions and other legal acts issued by the Commissioner.
[1] “Official Gazette of RS”, no. 22/09 and 52/21
[2] “Official Gazette of RS”, no. 18/2016 and 95/2018 – authentic interpretation
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković
