Roma swimming in Serbia

[Ivo Skoric]

Does anybody still remember when four years ago a couple of Roma were
not allowed to bathe in the swimming pool at the public sports center
in Sabac, Serbia? (this reminds me of African-Americans in the US
South before 1960s) Here is from Serbia's Supreme Court, on the
issue:
ivo

SERBIAN SUPREME COURT UPHOLDS RULING IN RACIAL DISCRIMINATION CASE

16 September 2004

The Serbian Supreme Court has upheld the first ruling in this country
in a case involving discrimination in access to public places. By
emphasizing the binding nature and direct applicability of
international conventions, clearly defining the concept of the rights
belonging to a person, and accepting as evidence the findings of
field tests, the Court established a basis for the comprehensive
protection of victims of racial discrimination. Upon receiving
reports on the barring of Roma from the Krsmanovaèa sports and
recreation center swimming pool in the western Serbian town of Šabac,
the Humanitarian Law Center, Democratic Union of Roma, and Oasis Roma
Association in July 2000 conducted a test to verify their accuracy.
Two groups, one consisting of three Roma and the other of
three non-Roma, went to the sports center to buy admission tickets
for the pool.  All six were dressed similarly and politely behaved,
and the only difference between them was their color. The man at the
ticket booth told the three Roma that they could not enter.  When the
non-Roma group, who had obtained their tickets without any problems,
asked why the Roma were being barred, the man replied that it was
because of their ethnicity.  He added that even if he sold them
tickets, they would be ejected from the pool area by security. The
Humanitarian Law Center filed a civil action for racial
discrimination against Jugen TTT, the company that operates the
sports center.  The Šabac Municipal Court, in a decision that was
subsequently upheld by the District Court, ordered the company to
make a public apology to the three Roma - Merihana Rustenov, Jordan
Vasiæ and Zoran Vasiæ - and have it printed in the high-circulation
daily Politika.
The Court also ordered the center to cease discriminating against
Roma and barring them from the sports facilities. The defendant
appealed against this decision to the Supreme Court. In making its
ruling and in a departure from the jurisprudence of domestic courts
thus far, the Supreme Court invoked and directly applied provisions
prohibiting discrimination contained in UN conventions to which
Serbia and Montenegro is a party.  It referred in particular to the
International Convention on the Elimination of All Forms of Racial
Discrimination under which states have an obligation to prohibit and
eliminate discrimination in access to public places and facilities
such as transport, hotels, restaurants, public parks
and the like.  The Court also cited Article 26 of the International
Covenant on Civil and Political Rights which requires states to
prohibit by law all forms of discrimination and to ensure equal and
effective protection of human rights in practice. Where relevant
domestic legislation is concerned, in particular the Law on
Obligations, the Court drew a clear distinction between its Articles
157 and 199.  It said Article 157 relates to "pre-emptive protection
from actions which inflict harm to the plaintiffs by violating their
rights, and prescribes the prohibition of behavior that injures a
person's honor, reputation, dignity and similar." Thus, in their
action, the plaintiffs demanded that Jugen TTT desist from
discriminating against them should they decide to go to
the sports center again. The Court also found that the action was
grounded in Article 199, the intent of which is to "remove the
consequences of the violation of human rights in one of ways
enumerated in the Article."
Noting that the lawmaker had not specified all the ways in which it
is possible to eliminate the harmful consequences, the Court said
this made it possible for injured parties to, in keeping with their
personal feelings, request a way which best provides them with
satisfaction for the violation committed.  In this regard, the
plaintiffs asked for a public apology to be placed in the Politika
daily at the expense of the defendant. The Supreme Court underlined
the principle of the prohibition of discrimination, especially in
access to public places, defined the concept of the rights of the
person and forms of judicial protection of these rights: "All persons
have the right to protection of their rights irrespective of race,
color, national or ethnic origin.  All places and services intended
for public use must be equally accessible to everyone.
Discrimination on any grounds whatsoever is an insult to human
dignity whose components are honor, reputation, personal integrity
and the like; violation of the rights of the person enjoys judicial
protection both through a request to cease and desist from violation
and through requests for reparation." The Humanitarian Law Center
considers that the Supreme Court's decision in this case will be a
major contribution to the advancement of jurisprudence in this
country, particularly where cases of racial or ethnic discrimination
are concerned.
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Ivo Skoric
19 Baxter Street
Rutland VT 05701
802.775.7257
ivo at balkansnet.org
balkansnet.org