A/HRC/10/78
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Spain also requested Serbia to expand its plans concerning the promotion and protection of
Roma communities.
30.
The Russian Federation noted the openness shown by Serbia in preparing for the review.
It asked Serbia to indicate which measures were taken to conduct legal proceedings against war
crimes, whether legislation provided for the possibility of substituting alternative civil service for
military service and what Serbia was doing to integrate refugees.
31.
Argentina recalled article 14 of the Constitution, on the rights of national minorities.
Argentina stressed it would appreciate obtaining statistics on the literacy levels of children from
ethnic minorities in Serbia.
32.
Switzerland noted the progress achieved by the Government and the problems it faced. It
recommended that Serbia continue to develop a legal system in line with international standards,
which implied strengthening the rule of law. Regarding the fight against impunity, Switzerland
recommended that Serbia take the steps necessary to ensure that alleged war criminals are
prosecuted and to achieve full cooperation with the International Criminal Tribunal for the
Former Yugoslavia. On minority issues, the representative recommended that the Government
intensify efforts to ensure better integration of all ethnic minorities. Switzerland recommended
that Serbia take all necessary steps to ensure freedom of expression and safety for the men and
women who have continued to display great courage in defending and promoting the values
spelled out by the Council. In this regard, Switzerland was ready to continue its cooperation
with Serbia.
33.
In reply to the comments and questions of the delegations, Serbia stated that it was
justified from the international law viewpoint that the situation of human rights in Kosovo and
Metohija was a part of the State’s report. On the basis of the Security Council resolution 1244
(1999), Kosovo and Metohija were under the interim administration of the United Nations.
Serbia stressed that resolution 1244 (1999) guaranteed the sovereignty of Serbia over its entire
territory. It was important to recall the results achieved in its cooperation with the International
Criminal Tribunal for the Former Yugoslavia. Serbia did not have any outstanding issues with
the Tribunal, in particular regarding the submission of documents. Tribunal prosecutors had 26
insights into documents of the military, the intelligence and law enforcement. Not a single
request for an insight into the archives was rejected. All witnesses, for which the Tribunal asked
for release of confidentiality, had been released of that obligation, without exception. Of 46
indicted people, 44 were transferred to the Hague, including numerous high-ranking officials.
Serbia also referred to the arrest and extradition of former president of the Republic of Srpska
Radovan Karadzic, which dispelled the suspicion that Serbia was institutionally protecting
Karadzic and Mladic. On the protection of journalists and human rights defenders, law
enforcement authorities were making efforts to discover who had made threats and who
committed attacks; people who had attacked journalists had already been prosecuted. The draft
law on national councils would regulate the functioning of these mechanisms existing since
2002. In that way, minority self-governance would be assured. Serbia was to adopt a set of antidiscrimination laws, including the framework anti-discrimination law. Within that draft law,
special attention was given to gender equality and protection of lesbian, gay, bisexual and
transgender rights. In the first half of 2009, laws on gender equality, prohibition of mobbing and
strikes were expected to be adopted. Meanwhile, Serbia had already set out institutional
mechanisms for gender equality on various levels. There were 54 women members of
Parliament, including the Speaker, and five women ministers, including for justice and finance.
The election laws prescribed the threshold of 30 per cent of women on electoral lists. There were
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