no. 07-00-600/2025-02 date: 5.11.2025.

OPINION

The opinion was issued in proceedings based on a complaint filed by the Association A11 – Initiative for Economic and Social Rights, the Roma Forum of Serbia, and the Vojvodina Roma Center against the Minister, due to discrimination against Roma. The complaints stated that during a visit to the Moravica District on 22 July 2025, the Minister made the following statement: “I do not draw a distinction between Roma and other residents. On the contrary, I believe they are our neighbors and our brothers, but I do have a concern when it comes to them. Roma, as our neighbors, must understand that neither the state, nor municipalities, nor local self-governments are ATMs. We must guide them toward completing their education, being gainfully employed, and becoming productive members of society.” The complaints state that this reflects an established narrative portraying members of the Roma national minority as useless members of society who abuse budget funds, while at the same time ignoring the fact that this minority is in the worst material and living conditions in the Republic of Serbia. It is emphasized that this statement equally affects all Roma living in the Republic of Serbia, both those who are highly educated and those who are not, but who through their work represent useful members of society. Furthermore, it is stated that the position of Roma is the result of decades of systemic discrimination that has limited their access to education, employment, and public services, and that the Minister should address the removal of these barriers rather than further stigmatizing the community and blaming Roma for their own marginalization. In his response, the Minister did not dispute the factual allegations from the complaint, but submitted his statement in full. In the proceedings, the Commissioner pointed out the limitations of freedom of expression, as well as international standards and regulations in the field of prohibiting discrimination against national minorities. The Commissioner also pointed out the heightened responsibility of holders of public office to promote inclusion and tolerance through their statements, rather than encouraging stereotypes and deepening social distance toward Roma as one of the most discriminated-against groups in society. After conducting the procedure, an opinion was issued that the Minister, through the statement in question, violated the provisions of Article 12 in conjunction with Article 24 of the Law on the Prohibition of Discrimination, which prohibits harassment and degrading treatment, especially when this creates a hostile, degrading, humiliating, and offensive environment. A recommendation was issued that the Minister publicly apologize to Roma for the aforementioned statement.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković