SERBIA: INPUT FOR OSCE HUMAN DIMENSION MEETING

UNCLAS BELGRADE 000569 SENSITIVE SIPDIS DEPT FOR EUR/PRM (FISHER) E.O. 12958: N/A TAGS: PHUM PREL PGOV OSCE KDEM SR SUBJECT: SERBIA: INPUT FOR OSCE HUMAN DIMENSION MEETING REF: STATE 59944 ¶1. (SBU) In response to reftel request for input, post suggests the following areas of concern that the U.S. delegation might wish to raise during the OSCE Human Dimension Implementation Meeting (HDIM): -- Despite past HDIM interventions by the U.S. delegation and efforts at post, Serbia's restrictive 2006 Religion Law remains in force. The Religion Ministry continues to argue that the law, which recognizes only seven "traditional" churches and requires all other religious communities to reregister, is transitional in nature but has taken no steps to amend its provisions or adopt a new law. -- There are approximately 17,000 de facto stateless persons in Serbia whose lack of legal status prevents them from gaining access to education, employment, and health care. Adoption of the Model Law on Legal Subjectivity (Law on the Procedure for Recognition of Persons without Identity Documents) would streamline cumbersome procedures and allow these individuals access to rights guaranteed by the Constitution. Statelessness disproportionately affects the already disadvantaged Roma, Ashkali, and Egyptian (RAE) population. -- There continues to be a lack of durable solutions for the approximately 100,000 refugees and 200,000 internally displaced persons in Serbia, which resulted in UNHCR's 2008 declaration that Serbia was one of the five largest protracted refugee situations. ¶2. (SBU) The U.S. delegation to the HDIM also should note progress in the following areas and encourage the government of Serbia to continue improvements: -- Although Ratko Mladic and Goran Hadzic, the last two fugitive war crimes suspects under indictment by the International Criminal Tribunal for the Former Yugoslavia (ICTY),remain at large, Serbia has demonstrated the will to turn them over to The Hague. ICTY chief prosecutor Serge Brammertz told the UN Security Council in June that the hunt for the fugitives was better coordinated and more efficient than previously. Secretary of State Clinton certified on May 20 that Serbia is cooperating with the ICTY, including on the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic. During his visit to Belgrade in May, Vice President Biden expressed his belief that Serbia was making every possible effort to apprehend the remaining indictees. -- The Serbian government has been making significant efforts to combat trafficking in persons. The government has increased funding for protection of victims, appointed a new National Anti-Trafficking Coordinator, and created a ministerial-level Anti-Trafficking Council. However, the government needs to intensify efforts to provide evidence it adequately prosecutes, convicts, and punishes trafficking offenders and to develop and implement a formal identification and referral mechanism for potential trafficking victims. -- In December 2008, parliament adopted a set of laws required by the 2006 constitution to reorganize and regulate the courts, increasing efficiency in the judicial system as well as judicial independence. This judicial reform package created a new network of courts that would reduce the number of municipal courts, consolidate others, and cut the number of judges from 2,500 to 1,800. The law also creates a High Judicial Council, which will manage court budgets and selection and discipline of judges. The government now needs to concentrate on implementing these new provisions, in particular the cumbersome and controversial process of reappointing judges to the newly organized courts. -- The Serbian government made some progress in addressing corruption and organized crime, including through high-profile arrests of sitting mayors and notorious organized crime figure Sretan Jocic, aka "Joca Amsterdam," and the adoption of an asset seizure law. In October 2008, parliament approved a law establishing a new anticorruption agency, an independent state body that reports to parliament. The new law also provides for criminal sentences and prohibitions on holding public office for failure to submit financial disclosures or submission of false information. The government must ensure that the new agency is stood up as soon as possible and given sufficient resources. BRUSH