no. 07-00-00081/2024-02 date: March 28, 2024.
GENERAL SECRETARIAT OF THE GOVERNMENT OF THE REPUBLIC OF SERBIA
Novak Nedić, Secretary General
11000 BELGRADE
Nemanjina 11
Subject: Recommendation of measures to achieve equality
Dear Mr. Nedić,
The “AA” program participants addressed the Commissioner for the Protection of Equality and pointed out the employment problem of highly educated Roma in the state administration. Namely, in their submission, they stated that the “AA” program, intended for a minimum of 100 candidates of Roma nationality, was opened in May 2021 at the National Academy for Public Administration of Serbia in partnership with the Office of the Roma Initiative, the Open Society Foundation, and the Civic Movement Opra Roma Serbia. They explained that the program is intended for members of the Roma nationality with acquired higher education who are not employed in public administration, with the aim of improving their professional competencies for work in administrative bodies and employing Roma men and women who complete the program. By the conclusion of the Government of the Republic of Serbia 05 Number: 112-4510/2022 of June 9, 2022, consent was given for the employment of 44 persons, members of the Roma national minority who completed the professional training program for Roma for 2021 at the National Academy for Public Administration. In their address, they stated that the President of the Republic of Serbia announced the employment of 100 highly educated young Roma in the public administration, as well as that in the context of “Serbia 2025”, he encouraged the Government to strengthen and increase the representation of Roma in the state administration, and that according to the Prime Minister, the employment of Roma in state administration, is an important step towards building an inclusive society as well as the emancipation and integration of Roma. The implementation of employment under this Program for a period of up to one year was entrusted to the Ministry of State Administration and Local Self-Government and the Ministry of Human and Minority Rights and Social Dialogue. However, proactive measures were not taken and the participants of the program do not have information about who is responsible for the issue of employment of Roma men and women. It was further stated that a certain number of highly educated Roma men and women have signed contracts outside the employment relationship, i.e. contracts for temporary and occasional jobs. They indicated that out of 44 persons for whom consent was given, only 19 persons were hired for a period of one year, and that the salaries, that is, remunerations for the work of those engaged were not planned in the budget, but were paid from state reserves. Also, that the contracts of some of the mentioned 19 persons who were hired outside of the employment relationship have already expired and they are currently not hired on any grounds, while the rest have not even been given the opportunity to work. The institutions in which the mentioned persons were employed requested support for the continuation of the employment of these persons from the President of the Republic of Serbia, the Prime Minister, the Ministry of Human and Minority Rights and Social Dialogue, the Ministry of State Administration and Local Self-Government, but they did not receive answers.
With the conclusion of the Government 05 number: 112-4510/2022 of June 9, 2022, the Government agreed that for 44 members of the Roma national minority who successfully completed the Professional Training Program for Roma for 2021 organized by the National Academy for Public Administration in accordance with Government Decision 05 number: 151-8061/2020 of October 15, 2020, engagement in jobs that correspond to their educational background be ensured for a period of one year, starting from September 1, 2022, with remuneration paid in the amount of the salary of the workplace where the person is employed, based on a signed employment contract. Furthermore, work engagement is carried out in state administration bodies, government services, districts, local self-government unit bodies, public institutions, and other users of public funds. Under point 3 that the Ministry of State Administration and Local Self-Government, in cooperation with the National Academy of Public Administration, will submit the lists of persons from point 1 of this conclusion to the General Secretariat of the Government with full data on the type of school education, place of residence, indicated place of work, and other data necessary for the implementation of point 1 of this conclusion. Also, the payment of remuneration from point 1 of this conclusion is realized by the Ministry of State Administration and Local Self-Government, while the Ministry of Human and Minority Rights and Social Dialogue will conclude an agreement with the body or institution where the person is employed on the method of payment. Under point 5, the General Secretariat of the Government will monitor the implementation of this conclusion, and the report on the implementation will be submitted quarterly to the Cabinet of the Prime Minister and the Cabinet of the President of the Republic. Furthermore, funds for the realization of the conclusion will be provided in the budget for 2022. Finally, for its implementation, this conclusion should be submitted to the Ministry of State Administration and Local Self-Government, the Ministry of Human and Minority Rights and Social Dialogue and the National Academy for Public Administration, and for information purposes to the Ministry of Finance, the Cabinet of the President of the Republic, the Cabinet of the Prime Minister, the Coordination Body for improving the position and social inclusion of Roma men and women and monitoring the implementation of the Strategy for the social inclusion of Roma men and women in the RS for the period from 2016 to 2025.
By provision of Article 33, item 7 of the Law on Prohibition of Discrimination[1] it is prescribed that the Commissioner monitors the implementation of laws and other regulations, initiates the adoption or amendment of regulations and gives an opinion on the provisions of draft laws and other regulations with the aim of promoting equality and protection against discrimination, while point 9 of the same article prescribes that the Commissioner submits recommendations for measures to public authorities and other persons for achieving equality and protection against discrimination
Article 14 of the Law on the Prohibition of Discrimination stipulates that special measures introduced to achieve full equality, protection, and advancement of persons, i.e. groups of persons who are in an unequal position, are not considered discrimination, while paragraph 2 of the same article stipulates that special measures from paragraph 1 of this article are applied until the goal for which they are prescribed is achieved, unless otherwise prescribed by law.
Also, the United Nations Committee on the Elimination of Racial Discrimination issued General Recommendation XXVII entitled “Discrimination against Roma”. The Committee recommended that the contracting states of the Convention take special measures in order to promote the employment of Roma in state administration and state institutions, as well as in private companies, as well as to adopt and implement, whenever possible, at the state or local level, special measures in favor of Roma during employment in the state sector, such as the execution of public works and other activities undertaken or financed by the government, or special measures for the training of Roma for various professional qualifications and professions.
By provision of Article 4, paragraph 3 of the Law on Protection of Rights and Freedoms of National Minorities[2] it is prescribed that measures for the promotion of full and effective equality in employment, i.e. benefits in case of termination of employment in the public sector at all levels of territorial organization, which are prescribed by the provisions of special laws regulating the labor-legal status of employees in the public sector, will not be considered discrimination, if such measures are valid until the appropriate representation of members of national minorities, which is determined by those laws, is achieved.
By the decision on the formation of the Commission for the regulatory framework for improving the employment of Roma in the public sector[3], it is defined that the task of the Commission is to coordinate the work of competent state administration bodies, other organizations, and public services to improve the regulatory framework for the employment of Roma in the public sector, as well as monitor, analyze and consider the most important issues in the field of employment of Roma in the public sector with special reference to the state of implementation of strategic documents and action plans related to this matter, provide analyzes of the situation and propose measures for the systematic resolution of the observed problems and harmonization of the positions of competent state administration bodies, other organizations and public services dealing with the issue of Roma employment, and propose and analyze the effects of measures implemented with the aim of employing Roma in the public sector.
Employment strategy in the Republic of Serbia for the period from 2021 to 2026[4] has foreseen as a general goal the establishment of stable and sustainable employment growth based on knowledge and dignified work. The measures provided for in the Employment Strategy refer to the implementation of active employment policy measures, the improvement of their implementation, the creation of new ones, as well as the improvement of monitoring the situation and trends in the labor market and the outcome and impact of those measures. Special measures are foreseen to improve the position of the Roma, taking into account their representation and other characteristics that indicate an unfavorable position in the labor market. Furthermore, the registered unemployment of Roma had a trend of moderate growth over the years, which increased from around 22,000 in 2013 to around 26,000 persons at the end of 2019. Therefore, although certain progress was achieved in the previous period when it comes to the position of the Roma in the labor market, it is still necessary, through coordinated action within several systems, to affect the causes of their difficult employment, in order to ultimately improve their extremely unfavorable socio-economic position. The Strategy states that in the public sector, despite the constitutional obligation, it is estimated that Roma men and women are represented by less than 0.1% (far below the 2.1% representation of Roma men and women in the population). However, there is no monitoring system, nor equal employment measures in the public sector. Therefore, in order to eliminate prejudices about the real possibilities and work potential of Roma men and women, and increase employment and economic independence that contributes to the improvement of living conditions and standards, within the framework of the employment policy system, financial measures are created and implemented, which have the function of encouraging the employment of members of the Roma national minority.
Strategy for social inclusion of Roma men and women in the Republic of Serbia for the period 2022-2030[5], as one of the special goals in key areas that contribute to the achievement of the general goal, defines the introduction and implementation of affirmative measures for the employment of Roma men and women in the public sector. Furthermore, increasing the access of Roma men and women to quality and sustainable employment is defined as one of the special goals, and in order to achieve this special goal, it is necessary to implement measures related to increasing the employment rate of Roma men and women to a minimum of 25% through the implementation of the Strategy, in accordance with the Poznań Declaration. Also, it is necessary to encourage the employment of Roma and Roma women in the public sector so that the representation of Roma men and women employed in the public sector is proportional to the percentage representation of Roma men and women in the total population. Also, as measure 4.1. the introduction and implementation of affirmative measures for the employment of Roma and Roma women in the public sector is foreseen, and that this measure will be implemented through programs to encourage employment, which primarily involve sensitization of employers in the public sector and the application of affirmative measures for employment, especially of educated Roma men and women (with special attention to the representation of women). Indicators for measure 4.1 were also defined, such as the target value that in 2030, 150 institutions implement affirmative measures for the employment of Roma men and women.
Results of the research “The attitude of men and women towards discrimination” from 2023 show that the majority of research participants recognize the need for better integration of Roma, but that at the same time 52% of respondents still have the prejudice that Roma do not really want to get a job, while 39% believe that they are prone to crime and fraud.
In the research “Perception of the Roma community on discrimination”[6] in the field of employment discrimination, 34% of Roma men and women believe that employers do not hire them just because they are Roma. Also, Roma men and women encounter the biggest barriers in the employment phase (60%) – four times more often than at work itself (15%). Nevertheless, the relatively small number of Roma men and women in employment has an impact on the lower percentage of perceived discrimination in the workplace. Three quarters of Roma men and women believe that they are not being promoted at work because of their lower education. Measures for easier employment of Roma men and women are supported by 96% of respondents.
Education is essential, not only as a way out of poverty, but also as a prerequisite for full inclusion in all other segments of social life. A good education provides children, regardless of their nationality, the opportunity to develop their potential, acquire skills and knowledge that will enable them to actively participate in all social processes and become competitive on the labor market.
In the Regular Annual Report for 2023[7] it was pointed out that when looking at the practice of the Commissioner in terms of discrimination on the basis of national affiliation or ethnic origin, both in that and the previous years, the majority of complaints were filed by members of the Roma national minority (55%). Also, the Commissioner pointed out that the citizens most often addressed the Commissioner in connection with the realization of rights in the field of work and employment and in the field of education. In the Report on Serbia for the year 2023 of the European Commission, it was stated that the school dropout rate is still high, especially when it comes to Roma girls. Only 7% of Roma children under the age of 5 attend a preschool program compared to 61% of the general population. Only 28% of children living in Roma settlements enroll in upper secondary education, and the secondary education completion rate is 61% (98% for the general population), while the rate is the lowest for girls from Roma settlements. Therefore, among other things, as one of the general recommendations for measures to improve equality, the Commissioner stated that it is necessary to increase the coverage of Roma children in preschool, secondary and higher education, to influence the reduction of dropouts from the education system and to prevent segregation in the educational process.
In the Regular Annual Report for 2022[8], the Commissioner stated that the National Academy for Public Administration programmed and implemented a package of multidisciplinary trainings for members of the Roma population with higher education who are not employed in public administration. Acquiring new knowledge and skills is a good way for young Roma men and women to become more competitive in the labor market, which significantly increases their employment opportunities, but also sends a message to the entire Roma community about the importance of education.
Highly educated members of the Roma nationality are a great potential of society and a valuable resource that is not used enough, which is why it is important to continue to work on empowering and strengthening the capacities of the Roma community. Also, employing members of the Roma national minority increases their economic independence and personal and family standards, while on the other hand, it also affects the reduction of poverty and social exclusion of Roma men and women, as well as their greater participation.
The Commissioner points out that Article 89, Paragraph 1 of the Rules of Procedure of the Government[9] stipulated that for the timely and proper execution of the Government’s conclusion, ministers, directors of special organizations and directors of Government services are responsible, in accordance with the instructions from the conclusions and their scope of competencies. Paragraph 2 of this article prescribes that the execution of the Government’s conclusions is monitored, supervised, and coordinated by the Secretary General, who for this purpose, if necessary, issues appropriate orders, while paragraph 3 stipulates that if the state administration body does not realize a conclusion within a certain period, the Secretary General prepares for the Government a proposal for an appropriate conclusion. Also, paragraph 5 of this article stipulates that the state administration body is obliged to inform the Secretary General in particular that the Government’s conclusion has been implemented, which did not order the preparation and proposal of materials for the Government.
Bearing in mind all of the above, especially the goal for which the program was adopted, and the strategic determinations of the Republic of Serbia, the Commissioner, in accordance with Article 33, point 7 and 9 of the Law on Prohibition of Discrimination sends to the General Secretariat of the Government a recommendation of measures for achieving equality, recommending it to undertake further measures and activities in accordance with the competences prescribed by the Law on Government and the Rules of Procedure of the Government, with the aim of fully implementing the Conclusion of the Government of the Republic of Serbia, 05 Number: 112-4510/2022 of June 9, 2022 and the work engagement of all 44 members of the Roma national minority who successfully completed the Professional Training Program for Roma for 2021 organized by the National Academy for Public Administration.
It is required to inform the Commissioner about the measures taken within 30 days from the date of delivery of this recommendation of measures.
[1] “Official Gazette of RS”, no. 22/09 and 52/21
[2] “Official Gazette of the FRY”, number 11/02, “Official Gazette of SCG”, number 1/03 and “Official Gazette of the RS”, no. 72/09 – other law, 97/13 – CC decision 47/18)
[3] “Official Gazette of RS”, no. 69/22 and 88/22
[4] “Official Gazette of RS”, no. 18/21 and 36/21 – correction
[5] “Official Gazette of RS”, number 23/22
[6] https://ravnopravnost.gov.rs/istrazivanje-percepcija-romske-zajednice-o-diskriminaciji/
[7] https://ravnopravnost.gov.rs/wp-content/uploads/2024/03/RGI-2023.pdf
[8] https://ravnopravnost.gov.rs/wp-content/uploads/2023/03/RGI-2022_15.3.pdf
[9]“Official Gazette of RS”, no. 61/06 – revised text, 69/08, 88/09, 33/10, 69/10, 20/11, 37/11, 30/13, 76/14 and 8/19 – others. regulation
