24 July 2015, 07-00-236/2015-02
OPINION
The opinion was issued in proceedings on the complaint of the organization “Praxis” from Belgrade against the Alliance of taxi associations of Serbia, regarding the statement of Aleksandra Bijelic, President of the Alliance of taxi associations of Serbia, published in the electronic edition of the daily newspaper “Blic” of 24 March 2015, in the article ” NEW RECOMMENDATION FOR TAXI DRIVERS: Do not drive asylum seekers “. Commissioner for Protection of Equality has determined that in the article it is stated, inter alia, that Belgrade taxi drivers got a recommendation not to give rides to asylum seekers. Aleksandar Bijelic, president of the Alliance of taxi associations of Serbia said that a taxi driver can not be prohibited to give a ride to any customer, but warns of risks. “The recommendation is that taxi drivers do not drive asylum seekers, because they can get into an unpleasant situation. When the police discovers asylum seekers, they temporarily seize taxi vehicles and conduct court proceedings against the drivers. In the course of a court proceeding the taxi driver is required to prove that he/she did not know that his/her client was indeed an asylum seeker. This is a serious matter.”
Commissioner for the Protection of Equality took into account that the President of the Alliance of Serbian taxi companies wanted to warn the members of the association that the police seized vehicles of certain taxi drivers who were transporting asylum seekers, and that the prosecutor’s office launched criminal proceedings against them. Bearing in mind that the role of the professional organizations is to inform their members about current events and to alert them to the possible inconvenience and possible risks during the provision of services, it can be concluded that the aim of this statement is justified. However, the fact that the Alliance of taxi associations of Serbia failed to take other measures to settle the problem, considering that the denial of transport service to asylum seekers was a way to prevent inconvenience that taxi drivers may face, leads to unjustified consequences for asylum seekers who want to use a taxi service. Commissioner for the Protection of Equality gave the opinion that by giving the taxi drivers the recommendation not to transport asylum seekers/migrants, which placed this category of passengers in an unequal position with regard to the possibility of using taxi services on the basis of their personal characteristics, the Alliance of taxi associations of Serbia violated the provisions of the Law on the Prohibition of Discrimination. Therefore, the Alliance of taxi associations of Serbia and Aleksandar Bijelic, as the responsible person, are advised not to recommended denial of services to asylum seekers/migrants when addressing taxi drivers as well as in their media appearances, that they should contribute by their actions that all passengers are provided with transport services under the same conditions, regardless of their personal characteristics, to they should also take care not violate the legislation on non-discrimination in the course of their regular duties and activities.
CONCLUSION
By making the recommendation to taxi drivers not to transport asylum seekers/migrants, which placed this category of passengers in an unequal position with regard to the possibility of using taxi services on the basis of their personal characteristics, the Alliance of taxi associations of Serbia has violated the provisions of the Law on the Prohibition of Discrimination.
RECOMMENDATION
Commissioner for the Protection of Equality recommends to the Alliance of taxi associations of Serbia and Aleksandar Bijelic, as the responsible person, the following:
- To refrain from recommending denial of services to asylum seekers/migrants when addressing taxi drivers and in media appearances;
- To contribute by their actions that taxi drivers provide transport services to all passengers under the same conditions, regardless of their personal characteristics.
- To take care not violate the legislation on non-discrimination in the course of their regular duties and activities.
No appeal or any other legal remedy is allowed against this Recommendation on measures to achieve equality, since the Recommendation does not decide on the rights and obligations of legal entities.
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Brankica Janković
