The 54th Session of the Human Rights Council

11 September - 13 October 2023

Item 6- Universal Periodic Review Adoptions (Serbia)

3rd October 2023

Joint Statement of the International Organisation of the Elimination of All Forms of Racial Discrimination (EAFORD) and GICJ 

Thank you.

In Serbia, the implementation of the Law on Residence has led to a troubling pattern of discrimination against ethnic minorities. Albanian-populated areas are disproportionately affected by the policy of passivisation. This policy, while not clearly discriminatory in its text, is applied in a way that specifically targets these minority communities. It is critical that State policies do not result in discrimination.. 

The passivisation of permanent addresses has been carried out systematically by the Ministry of Interior, the judicial system, electoral commission, and government-affiliated media. The consequences are dire: many Albanians in southern Serbia have effectively become stateless, denied essential identification documentation, and arbitrarily removed from voter lists, thus eroding their political representation. Serbia must act to protect all individuals in the country.

The passivisation policy is characterised by a lack of transparency, with authorities failing to provide ethnic breakdown data of passivised cases. Furthermore, independent observers are denied access to voter lists, essential for verifying the scale of discrimination. 

EAFORD and Geneva International Centre for Justice (GICJ) urgently call for Serbia to address these troubling human rights violations and ethnic discrimination, that are breaches of international standards for equality, non-discrimination, and the rights and dignity of all citizens. 

We implore Serbia to take decisive action, urging the government to conduct impartial investigations into reported human rights violations.  Measures must be taken to end discriminatory practices, including the passivisation policy and ensure equal access to essential ID documentation for all citizens, regardless of their ethnicity. Lastly, we call for efforts to urgently restore fair political representation of ethnic minorities ensuring their equal participation in local elections and the democratic process.

Thank you.