Freedom of look and freedom of assembly and association are amongst the cardinal rights noted in the European Convention on Human Rights and Universal Declaration of Human Rights ( every bit good as other human rights instruments ) . So are these rights respected in Bosnia and Herzegovina and Serbia, zemljama potpisnicama tih deklaracija?
In this paper I will seek to happen out what is the connexion between the extremely spiritual national individualities in these states and the low degree of tolerance towards sexual minorities? I will seek to research what values are promoted in these societies and by whom so that the background of these violent onslaughts can be understood.
National individualities created after the disintegration of Yugoslavia by the chauvinistic political elites are based on the stiff images created by these elites. . These images are shaped on the spiritual, cultural and national base and are extremely intolerant to those who do non suit them, such as sexual minorities.
When I talk about sexual minorities I refer to groups of people who are defined by their sexual orientation and gender individuality. The term ‘sexual minority ‘ includes homosexual, A tribade, A bisexual, and transgenderedA people, who are “ frequently seen as holding a common civilization, which can be calledA LGBT civilization, A QueerA civilization, or cheery civilization ” .[ 1 ]
Serbia and Bosnia and Herzegovina, both portion the yesteryear of the Communist Yugoslavia, so I will get down my paper with a brief analysis of the Communist government and the influence it had on these states in footings of societal emancipation, particularly with respects to adult females because it is closely linked with attitudes towards sexual minorities. In the 2nd portion of the chapter, I will reflect on the post-communist passage period concentrating on the function that faith had in the creative activity of the national individualities in Serbia and Bosnia and Herzegovina. Creation of the national individuality will be observed from the gender position as good.
In my 2nd chapter I will concentrate on position of the sexual minorities in today ‘s societies. First I will travel through international and national Torahs on freedom of look and assembly to see what is the legal state of affairs sing these issues. Then I will concentrate on the attitudes of the spiritual leaders of the mainstream faiths in these states, Islam and Orthodox Christianity, towards homosexualism.
In the 3rd chapter two events will be discussed ( Gay Pride in Belgrade and Queer Sarajevo Festival ) in order to demo how spiritual patriotism is linked to the public bitterness and shutting of the events. In the first portion of the paper I will largely concentrate on the work of Sabrina P. Ramet and Robin Okey. I will confer with their work on the communist period in the lives of these states, with specific focal point on 1989, as the passage twelvemonth. For the analysis of the creative activity of national individualities and the influence that faith had in this period I will besides confer with Sabrina P. Ramet, Spyros Sofos ( who wrote from the gender position ) and Vjekoslav Perica. In the 2nd portion of the paper I will concentrate on the international paperss on the freedom of look and assembly and I will associate them to the national Torahs of Serbia and BiH. For the comparing of the place of sexual minorities in these two states I will confer with NGO studies, newspaper articles on the two events ( Gay Pride Belgrade and Queer Sarajevo Festival ) and related articles.
How the societies transformed – from communism to post-communism
Serbia and Bosnia and Herzegovina portion a great trade of common history, but one period will be of a particular involvement to me, a displacement from the Communist Yugoslavia, a secularized society in the sixtiess and 1970s, to its disintegration and the creative activity of national individualities, in which faith and ethnicity played a important function. Due to the nature of my subject the gender position will be pointed out through the whole chapter.
Social emancipation in the clip of communism
( … ) brotherhood and integrity of the states and nationalities ; ( … ) unvarying involvement of the working category, and solidarity among workers and all on the job people ; ( … ) adult male ‘s economic, societal, and personal security ; ( … ) solidarity and reciprocality by everyone towards all and by all towards everyone ( … ) .
( Fundamental law of Socialist Federative Republic of Yugoslavia 1974 )[ 2 ]
‘Brotherhood ‘ , ‘unity ‘ , ‘solidarity ‘ , ‘reciprocity by everyone towards all ‘ – these constructs present the basic rules of the Communist Yugoslavia, which was imagined as a society where everyone shall be equal. But, before I go into deepness on the value system of communist Yugoslavia I want to sketch the context of the clip.
After World War II, Yugoslavia was a preponderantly agricultural land and provincials presented over 80 per centum of the population[ 3 ]. Under the Communist government Yugoslavia experienced societal transmutation that was triggered by the industrialisation of the society, which resulted in a growing of the figure of workers. “ In the mid-1980s, the societal ( province controlled ) sector of the economic system employed about 98 per centum of the state ‘s workers. ”[ 4 ]This alteration was a consequence of several reforms introduced in Yugoslavia in 1950s, including the alone economic system that rested on the worker ‘s self-management.
Economic reform was non the lone reform of the Communist government. Illiteracy rates in Yugoslavia after World War II were highly high.[ 5 ]Harmonizing to Robin Okey, even though “ mass primary instruction had mostly come about before 1939 mass secondary instruction was a communist accomplishment ”[ 6 ]which resulted in the important lessening of illiteracy among the population.[ 7 ]We can discourse the grounds for such a great investing in instruction by the government, one of which is surely the possibility to distribute its political orientation, but due to the bounds of my paper I will non travel into deepness on the subject.
Women ‘s emancipation was another precedence of the Communist government, in line with its political orientation of equality. If we want to sketch the place of adult females in the society at that clip we can utilize the public/private duality. Womans were excluded from the public life and their functions were entirely connected to the private life. They were perceived as female parents and married womans but non as public histrions, since ‘public sphere ‘ was reserved for work forces. In order to alter this ‘order ‘ communist government introduced gender policies that resulted in betterment of adult females ‘s position ( adult females received civil and political rights, higher figure of adult females were educated and employed, etc. ) . It is difficult to mensurate the emancipation of adult females in the communist period, because even though their place changed for the better in some countries, so called ‘traditional ‘ functions of female parents and married womans were non replaced. It is even questionable to what extent was the government serious about accomplishing adult females ‘s emancipation. As Sabrina Ramet[ 8 ]says, these sorts of autocratic governments can emancipate adult females, but merely if they see it as their involvement.
However, it has to be recognized that the government in communist Yugoslavia did accomplish certain emancipation of the society through the economic reforms, reforms of instruction and wellness system, gender policies etc. Besides, these reforms reflected the political orientation of equality, integrity and brotherhood that was imposed by the government. So what was the function of faith at that clip?
In the Communist clip, faith was presenting a menace because it was a factor which could act upon people and jeopardize the power of the province, so the province was seeking to cut down the influence of the faith within the society[ 9 ]. Even though fundamental laws provided freedom of faith, “ from 1945 to the early-1950s, the governments carried out antichurch runs that imprisoned, tortured, and killed many members of the clergy. The authorities later established a general policy of reconciliation, but until the 1980s the province still exerted force per unit area on many spiritual communities. Jugoslav who openly practiced a spiritual religion frequently were limited to low-paying, low-status occupations.[ 10 ]“ Situation changed in the late eightiess when, due to the political liberalisation, spiritual communities received greater freedoms.
Sabrina Ramet explains the alteration of the province ‘s attitudes towards faith by utilizing Kenneth Jowitt ‘s attack[ 11 ]. In the first stage, the stage of system devastation, sing Orthodox Church, the authorities confiscated church belongings and even fined the clergy. Catholic Church experienced even harder times ; the clergy was harassed and many times jailed every bit good. Ramet connects the old ages between 1953 and 1963 with the system-building stage and she describes it as “ a decennary of strategic accommodation. ”[ 12 ]The ‘liberalization stage ‘[ 13 ], as Ramet refers to it, came in 1980s and at this clip Church became the important portion of national individualities.
Post-communist passage procedure – the clip for specifying national individualities and increased function of the faith
As I already mentioned in the old subchapter, Communist Yugoslavia ( in the sixtiess and 1970s ) was a extremely secularized society. It is in the late eightiess and early 1990s and the waking up of the patriotism that the function of faith increased. As a affair of fact, harmonizing to Vjekoslav Perica, important component of the post-Yugoslav patriotism was “ the congruity of cultural, national and spiritual individuality ” .[ 14 ]The relationship between the Church and the authorities grew stronger. Perica suggests the term ‘ethnoclericalism ‘ and describes this phenomenon as common legitimization of the “ spiritual hierarchy and the secular authorities and their joint regulation that ensures the endurance of the cultural state ”[ 15 ]. Ethnoclericalism can be recognized in Serbian Orthodox Church, but it has become a characteristic of Croatian Catholicism and Bosniac Muslim Islam every bit good. In other words, chief faiths in these states took over this manner of behavior.
Sabrina Ramet offers certain facts that would back up the claim of joint opinion by the Church and the authorities when she writes about Serbian Orthodox Church. Ramet[ 16 ]provinces that pretentions of the Serbian Orthodox Church were about indistinguishable to the pretentions of the Serbian politicians such as Vojislav Seselj and Vuk Draskovic who wanted to make “ Greater Serbia ” ( which would be an Orthodox state of class ) . The Church stayed dedicated to the thought of “ Greater Serbia ” during the full war period and it was even against the Vance-Owen peace program because it believed it was ‘unfair ‘ towards the Serbs and because, merely like Karadzic, it hoped that the Serbs will acquire even more territory. Of class, the Church was against the sign language of Dayton Peace Agreement every bit good, because that meant that the thought of “ Greater Serbia ” would be abandoned.
Harmonizing to Perica, “ the single churches emerge as involvement groups with their ain dockets and aims. Their purpose is to achieve state-wide ‘religious monopoly ‘ , that is to go established as national churches in ethnically based national provinces. ”[ 17 ]This was evidently the instance with the mainstream faiths in Serbia, Croatia and BiH in the procedure of organizing national individualities.
It is interesting to analyze the rhetoric that was used by Church representatives in this period. This rhetoric was the same as the used by politicians every bit good. For illustration, in Serbia, the focal point was on history, more exactly World War II, which handily portrayed Serbs as the victims and Croatians as the felons. And in this ‘recollection ‘ of history, all Croatians were portrayed as felons, non merely Ustashas[ 18 ]. This rhetoric was more than appropriate for the clip of the struggle because it was giving the Serb patriots legitimacy for their actions. Of class, this was non merely the instance with Serbia. In Croatia, the same logical thinking was taking topographic point, merely the history was rearranged in a manner that served Croatian politicians.
The history, or instead the readings of history, are used by the church representatives to, as Perica says, “ ethnicized the spiritual and public discourse. ( … ) Sermons, addresss, publications every bit good as the symbolism of shrines, saints, jubilations and rites aimed to model national individualities by replacing history with fabulous narrations ”[ 19 ]. The mutualism of the spiritual leaders and the authorities is strongly present in Serbia and BiH today every bit good. During the period prior to 2006 national elections in Bosnia and Herzegovina, representatives of spiritual communities started to advance certain politicians by utilizing “ spiritual discourses and services for political run intents ”[ 20 ].
Compared to the communist period, faith ‘s influence significantly increased. The church had the ‘right rhetoric ‘ , ( the 1 that was in line with the authorities ‘s rhetoric ) and therefore it had a public infinite to advance its values. Since the relation between patriotism and faith in this period is explained in the following subchapter I will go on with a treatment of patriotism from the gender position.
Gender and the building of national individualities
If we analyse patriotism in BiH and Serbia in the 1990s through gender position, certain phenomena in these societies today can be explained. But first the term gender should be defined. One of definitions defines it as “ a construct of one ‘s ain individuality and look that can corroborate, reject and/or transgress the male and female gender functions, as defined by the society. ”[ 21 ]It is of import to acknowledge that the society is the one making these functions that are, subsequently on considered to be ‘traditional ‘ .
Annamarie Jagose points out that the ground for the intolerance towards sexual minorities lies in the “ existing dominant and stiff conceptualisation of the sex and gender that was constructed by the society ” .[ 22 ]If we think of the conceptualisations of sex and gender in the mentioned states, we have to emphasize the influence of patriotism. Harmonizing to Nira Yuval-Davis, when we talk about the creative activity of states we must maintain in head that:
“ states are situated in specific historical minute and are constructed by switching chauvinistic discourse of the groups who compete for the societal influence and power in making values, rules of the bulk, really viing for the hegemony. Gendered character of the states should be understood merely within such contextualization. ”[ 23 ]
So what was the conceptualisation of gender in the period of creative activity of national individualities? Spyros Sofos says that the “ national communities have been imagined most frequently as communities of males, as brotherhoods ( … ) ” .[ 24 ]Sofos does non claim that patriotism is gendered merely in the instance of former Yugoslavia, but he does do a point that the strength of this phenomenon and the ways it influenced the struggle in former Yugoslavia was something that should be looked at. Sofos claims that masculinist discourse is articulated in the political relations of ethnicity in the former Yugoslavia in two ways ; foremost, by cut downing the function of adult females to simple ‘biological reproducers of the state ‘ and on the other manus by “ utilizing the colza as a ‘weapon ‘ in the cultural struggle ” ( particularly in Bosnia and Herzegovina )[ 25 ]. Besides, the function of work forces as warriors and defenders of the state can non be disregarded. By protecting the adult females they were protecting the state, as adult females were reduced to a individual function of being ‘mothers of a state ‘ .
Chauvinistic political elites created these gender functions and by utilizing patriarchal discourse they imposed them to the people as a portion of the national individuality. They merely created an image of a ‘good Serb ‘ or ‘Good Bosniac ‘ and in these images both genders had their functions. Womans were female parents and reproducers of the state while work forces were the warriors and defenders of the state. Whoever differs from this stiff construct of the ‘good Serb ‘ or ‘good Bosniac ‘ will be treated as ‘the Other ‘ , and hence as an enemy of the state. Due to the bounds of my paper I will non travel into deepness on the importance of gender functions for the creative activity of national individuality.
Sexual minorities – freedoms and obstructions
What does the jurisprudence say?
In 2009, both Serbia and Bosnia and Herzegovina experienced a failure in an effort to seek and form events which would advance the rights of sexual minorities. Even though both states are seeking to come in European Union[ 26 ]and turn out a sufficient degree of democracy and regard of human rights within their districts, such events still provoke a great trade of tensenesss and intolerance in the societies.
International legal model
Freedom of look is so one of the pillars of democracies. Without the freedom of showing their ain thoughts or the freedom to acquire the relevant information, people are deprived of their cardinal rights. As it is stated in the Universal Declaration on Human RightsA ( 1948 ) “ everyone has the right to the freedom of sentiment and look. ”[ 27 ]This cardinal right is recognized both on the European degree every bit good in the international sphere.[ 28 ]Harmonizing to the Convention for the Protection of Human Rights and Fundamental Freedoms ratified by both Serbia and Bosnia and Herzegovina:[ 29 ]
Everyone has the right to freedom of look. This right shall include freedom to keep sentiments and to have and leave information and thoughts without intervention by public authorization and regardless of frontiers.[ 30 ]
It is obvious that freedom of look holds a high place on the list of precedences of human rights guardians. Misdemeanor of this freedom earnestly affects other freedoms as good, such as freedom of association and assembly, another cardinal right harmonizing to the Convention for the Protection of Human Rights and Fundamental Freedoms.
Everyone has the right to freedom of peaceable assembly and to freedom of association with others ( … ) No limitations shall be placed on the exercising of these rights other than such as are prescribed by jurisprudence and are necessary in a democratic society.[ 31 ]
Since the right to freedom of association and assembly was violated both in Serbia and BiH[ 32 ], I will travel through the national Torahs of these states to see if freedom of association and assembly are in conformity with the international criterions.
National jurisprudence – Bosnia and Herzegovina and Serbia
The Constitution of Bosnia and Herzegovina is a portion of the Dayton Peace Agreement signed in 1995, which represents an intercession of the international community to halt the armed struggle. All competencies of the province were transferred to two entities – the Federation of Bosnia and Herzegovina and Republika Srpska. “ It combines a minimalist attack in footings of cardinal, province authorization and a maximalist attack in footings of balance of powers. ”[ 33 ]In the text of the BiH Constitution it is clearly stated that “ the rights and the freedoms set Forth in the European Convention for the Protection of the Human Rights and Fundamental Freedoms ( … ) shall hold precedence over all other jurisprudence. ”[ 34 ]This means it has precedence over national Torahs every bit good.
Sing the freedom of look, national Torahs are in conformity with the international legal model. ”[ 35 ]It is besides interesting to advert that the Code on Radio and Television Broadcasting prohibits broadcast medium of plans incorporating or transfusing favoritism and/or force on the evidences of cultural background, gender/sex, sexual orientation, put ining to harassment or sexual torment[ 36 ].
Sing the freedom of association and assembly, the state of affairs becomes a spot more complicated. These political rights are regulated through Constitutions of BiH and Entities, Torahs, etc.[ 37 ]and international paperss such as, European Convention on Human Rights and Fundamental Freedoms. The figure of different ordinances ( depending on different entities, parts, or territories of the state ) can look to do uncertainnesss and incompatibilities, which is why it needs to be stressed that the international Torahs have precedence over the national jurisprudence.
Freedom of look and idea is recognized in the Constitution of the Republic of Serbia in Article 46.[ 38 ]Sing the freedom of assembly, the Constitution states that “ citizens may piece freely. ( … ) Freedom of assembly may be restricted by the jurisprudence merely if necessary to protect public wellness, ethical motives, rights of others or the security of the Republic of Serbia[ 39 ].
Again, in the instance of Serbia, even though national jurisprudence guarantees these freedoms the state of affairs is much different in pattern[ 40 ].
Religion and tolerance towards sexual minorities – what does the faith state?
In this subchapter I will concentrate on Islam and on Orthodox Christianity because they are two dominant faiths in the states of my involvement for this paper ( BiH and Serbia ) . For the intent of this paper I will touch upon their attitudes on homosexualism, but I will non travel into deepness on this subject. In Islam,[ 41 ]homosexualism is described as “ out and punishable with most utmost punishments in the mainstream reading of Islam and Sharia jurisprudence ” .[ 42 ]The bulk of the statements against homosexualism evoked from the oppositions of sexual minorities come from the narrative of the Prophet Lut and the devastation of the Sodom. Sodom and its people were destroyed because of their immoral behavior ; they turned to crave and besides there were several mentions to sexual intercourses between work forces. Even though there are several readings of the narrative, those who oppose homosexualism choose to lodge to this ‘simplified ‘ reading which condemns homosexualism[ 43 ].
Serbian Orthodox Church ( SOC )[ 44 ]is a portion of the Eastern Orthodox Church which does non specify the wickedness. In malice of that there are many priests who believe that homosexualism is a mortal wickedness.[ 45 ]Besides, there are certain violent groups inside the SOC that initiated the stereotypes and bias about homosexualism, and go on to suppress them.[ 46 ]Sing Bible, there are certain parts that address the issue ( Leviticus 18 and 20, Romans 1,1, Timothy 1:10,1 Corinthians 6:9-10 and Jude 7 ) , but “ statements from these parts are non based on the concrete readings of homosexualism.[ 47 ]
So, even though there are differences in the grade of intolerance towards homosexualism between these faiths, they both oppose it. It is interesting to indicate out how there is no specific composing about homosexualism in the holly texts so it is really merely the readings that are presented as groundss against homosexualism. On the other manus, legal model is really precise on the definition of the freedoms for sexual minorities and their protection. So how come Gay Pride in Belgrade or Queer Festival in Sarajevo can non be held without violent onslaughts on the participants?
Are we ready for festivals?
Even though both states seem to hold a strong legal footing for the protection of cardinal freedoms of their citizens ( such as a freedom of look and association ) the state of affairs in the ‘field ‘ offers other penetrations. One of the most apparent illustrations of the disagreement between the jurisprudence and pattern is the failure of forming Queer Sarajevo Festival and Gay Pride 2009 in Belgrade.
Queer Sarajevo Festival
In October 2008 UdruA?enje Q, the sapphic, homosexual, bisexual and transgender ( LGBT ) non-governmental organisation organized foremost Queer Sarajevo Festival which resulted in at least 10 people being injured. Harmonizing to the Cary Alan Johnson, Executive Director of IGLHRC and Dirk De Meirleir, Executive Director of ILGA-Europe, this happened as a effect of the “ publically promoted hatred addresss and incitation to force ”[ 48 ]. Before the Festival a go oning force per unit area was made on the organisers and single homosexual rights militants. They were threatened through different web sites which called for their lynching or lapidation. What is more, a movie was posted on You Tube demoing one of the organisers being beheaded ( digitally manipulated images ) . Some media have reported on readyings of the Festival utilizing hate address against the members of the LGBTIQ population. Harmonizing to the Human Rights Report for Bosnia and Herzegovina 2008[ 49 ]several articles of Press Council and BiH Code on Radio and Television Broadcasting were violated, particularly articles 3 ( agitation ) and article 4 ( favoritism )[ 50 ].
Unfortunately there are many illustrations of hatred address in day-to-day newspapers such as Dnevni avaz that used several times terminology such as “ homosexual ‘s disease ” , “ publicity of the thoughts that are non cardinal values ” , “ they need medical aid ” , “ provocative homosexual assemblage in month of Ramadan ” .[ 51 ]Ezher Beganovic, a journalist with the Islamic magazine Saff wrote about the approaching Festival and stated: “ Such an event perilously threatens our spiritual feelings. It is non appropriate to keep it during the Ramadan ” .[ 52 ]Begovic besides regarded homosexualism as a wickedness and disease in Islam.[ 53 ]The consequence of this sort of media run was escalation of force on the first twenty-four hours of the Festival when several people were injured.[ 54 ]
But the media were non the lone factor act uponing public sentiment. Some of the taking BiH politicians were giving statements that showed high intolerance toward sexual minorities and the event itself. Bakir Izetbegovic, member and leader of the BiH deputation Parliamentary Assembly of the Council of Europe stated:
That is a memory of Sodom and Gomorrah on the twenty-seventh dark, a baronial dark that Muslims are anticipating in felicity. Those people have a right to their sexual orientation, or freak out, more exactly ( … ) but to dwell it, to demo it as something normal ( … ) that is merely non right.[ 55 ]
The fact that opponents to the Festival, including BiH politicians, used Ramadan as the chief ground why the Festival should non take topographic point shows that faith is an of import portion of the national individuality, even though BiH is a secular state.
Milan Duric, an militant[ 56 ]commented on the correlativity of patriotism and homophobia and he stated that “ … in all these profoundly rooted patriarchal societies, it is patriotism that has of import virtue. Everything that is different and that undermines the traditional and I would state, fascist, image of how a Serb or a Croat should be, is perceived as threatening and jeopardizing. ”[ 57 ]
Gay Pride Belgrade
Another interesting illustration of the ambiance of intolerance and favoritism against members of sexual minorities is the Gay Pride in Belgrade, Serbia. The first Gay Pride in Belgrade was organized in 2001. The consequence was get the better ofing for human rights guardians and the whole LGBTIQ community. Harmonizing to The Gully[ 58 ]participants of the Gay Pride March were attacked by the organized Serb ultra-nationalist rabble.[ 59 ]What is particularly distressing is the fact that a Serbian Orthodox Church priest, Zarko Gavrilovic was at the caput of one of these groups which attacked Pride participants. The Gully studies that the rabble was intoning “ Serbia is non a homosexual state ” and “ Serbia for Serbians and non for homophiles ” . Some of the dissenters carried postings, “ Orthodox For a Morally Clean Serbia, ” and “ No to Immoral Homosexuality and Depraved Orgies ”[ 60 ].
Situation sing freedom of look for sexual minorities in Serbia in 2009 has non improved. An official statement from the president of Republic of Serbia was published in which president Tadic states that “ the authorities will make everything to protect citizens, irrespective of their ( aˆ¦ ) sexual or political orientation.[ 61 ]
However, in the terminal the event was cancelled because of the security grounds. Police was non able to protect the participants in Belgrade ‘s business district so they proposed another location. The Organizing Board of Pride Parade refused to alter the location of the event and accused the authorities that they are non able to protect their citizens or guarantee the rights they have by the Constitution. Cancellation of the event provoked a reaction from the ultra-nationalistic organisation “ 1389 ” .[ 62 ]They published a statement in which they invited to a protest of the ‘sexually non- aberrant individuals ‘ .[ 63 ]
The church once more had an influence on public sentiment. Zarko Korac writes on the church ‘s place on the Gay Pride in his article The Anatomy Lesson:
( … ) church, as a basis of conservativism and resistance to alter, has issued two statements. Bishop Amfilohije, ( … ) , mentioned Gomorrah as a symbol of orgy which was about to take topographic point in the streets of Belgrade. ( … ) However, bishop Irinej ( … ) said that his statement reflects “ the existent place of the church ” .[ 64 ]
Is there a ground to believe in a better hereafter?
Both in Serbia and Bosnia and Herzegovina in 2008, efforts to form events which would advance the rights of sexual minorities failed. In both instances religion played an of import function. In Bosnia ‘the baronial dark ‘ of Ramadan was presented as the ground for cancellation of the event and even though BiH is a secular province the politicians besides referred to the faith in their disapproval of the event. In Serbia, the function of the faith was besides highly graphic. Particularly since one of the priests joined the dissenters of the Gay Pride and marched with them on the streets of Belgrade. Due to the deficiency of political will to protect the event ( by supplying adequate constabulary officers giving statements of the support, etc. ) , both events resulted in violent onslaughts and several people were injured. The provinces failed to protect cardinal freedoms of their citizens.
Bosnia and Herzegovina and Serbia both applied for the European Union rank[ 65 ], which means they both have to follow high European criterions on democracy and human rights, but that does non intend merely to harmonise the Torahs with European Torahs and criterions, but besides to make conditions for their execution.
Good statute law is the first measure towards the regulation of jurisprudence. One of the Torahs that secure freedom of persons is the anti-discrimination jurisprudence. On March 26, 2009 the National Assembly of Serbia adopted the anti-discrimination jurisprudence, officially censoring Acts of the Apostless of favoritism on the footing of sexual orientation, among other evidences. But acceptance of the jurisprudence did non base on balls unnoticed. On March, 4 the jurisprudence was withdrawn from the parliamentary consideration on the petition of the Serbian Orthodox Church and other conservative groups which had a job with a portion of the jurisprudence and wanted to extinguish gender individuality, sexual orientation and faith from the anti-discrimination jurisprudence. IGLHRC and ILGA-Europe[ 66 ]reacted quickly and sent a missive pressing the Government to feed back the bill of exchange. Due to the international and domestic force per unit area to harmonise the domestic jurisprudence of Serbia with the EU criterions “ on 13 March 2009 the Serbian authorities resubmitted the bill of exchange anti-discrimination jurisprudence for the consideration of the National Assembly of Serbia ” .[ 67 ]To underscore the context in which this jurisprudence was adopted, I will cite Dragan Markovic Palma, city manager of Jagodina and one of the biggest oppositions of the jurisprudence and a member of the regulating alliance:
aˆzIf homosexuals should take Serbia into the EU so we should remain in Serbia and take attention of the sheep. ”[ 68 ]The adoptive version of the anti-discrimination jurisprudence includes “ prescriptions against the favoritism on the footing of sexual orientation ( Article 21 ) ” and “ the current text of Article 20 could be interpreted to forbid favoritism against transgendered persons ”[ 69 ].
Antidiscrimination jurisprudence in Bosnia and Herzegovina passed both houses of the Bosnian Parliament on 23rd July 2009. “ It covers all issues associating to favoritism, sing racial, cultural, sexual, gender, linguistic communication, faith, political, national, educational or societal background, and over issues related to household or matrimonial position, sex and gender individuality, national minorities, wellness conditions of the person to sexual orientation ” .[ 70 ]As in Serbia, the procedure of including sexual orientation and gender individuality under this jurisprudence caused representatives of the spiritual communities to talk up and give their sentiment sing the anti-discrimination jurisprudence. On June 11, 2009, Bosnia ‘s Inter-Religion Council, stand foring the Islamic, Orthodox, Catholic and Jewish spiritual communities made an official statement in which they protested against the anti-discrimination jurisprudence[ 71 ].A That is why ILGA-Europe and IGLHRC[ 72 ]on June 19, 2009 sent a missive to members to the Parliamentary Assembly of Bosnia and Herzegovina where they expressed concern for the possible exclusion of sexual orientation and gender individuality among the protected evidences under this jurisprudence. So in both states spiritual communities continue to enforce their moral values on the societies and show them as moral values of the whole ‘nation ‘ .[ 73 ]Since faith is a portion of national individuality of the people[ 74 ], the values religion imposes have been adopted by the people as their ain. Politicians use these values in their rhetoric to derive the support of the people ( they want to stand for themselves as the ‘protectors ‘ of the people, of the ‘nation ‘ as that value is portion of the state ‘s ethnic-religious-national individuality ) .
Should we be pessimistic about the hereafter of these states and abilities of the province to procure the freedoms for their citizens and regard of their cardinal rights? Are the values constructed during the period of national designation ( which we already proved to be extremely intolerant to the ‘others ‘ ) embodied in the state ‘s value system in the manner that they can non be changed? I would state the reply lies in the political will of province representatives. If they are serious about the EU integrating and they perceive it as the chief political end they will hold to use European criterions which means they will hold to give up the values that they used since the formation of the state ( after the disintegration of Yugoslavia ) and embrace the values promoted by the EU ( democracy, the regulation of jurisprudence, etc. ) . The alteration of the values system of a state means that the present national individuality ( a congruity of cultural, national and spiritual individuality ) has to be replaced with democratic values, so while the degree of democracy in the county stays low, and patriotism dominates the populace sphere the alterations of the values can non be expected.
The first measure is decidedly the support to these sorts of events from the leaders of a state. President Tadic ‘s support to the event presented a measure in the right way. Unfortunately statements have no power if they are non backed up with concrete actions. It is up to the authoritiess to continue with the democratisation processes in their states.
Bosnia and Herzegovina and Serbia are states that portion common yesteryear, but unluckily besides an undemocratic and intolerant nowadays, at least if we discuss their intervention of sexual minorities. National individuality which is based on the faith, ethnicity and patriotism serves as a moral usher to the people. Valuess that are adopted by the people are extremely intolerant towards the ‘Others ‘ , and these ‘Others ‘ are all those who do non suit the image of the ‘good Serb ‘ or ‘good Bosniac ‘ ; the 1s who are non members of the mainstream faith, who do non accept the gender functions created for them during the waking up of patriotism and who want the right to show their diverseness without the fright of being attacked.
Should we be pessimistic about the hereafter of these states and abilities of the province to procure freedoms for their citizens and regard of their cardinal rights? It depends on the political will to go on the procedure of democratisation of the states, which besides means redefining the values system so that it is in line with high European criterions of democracy and protection of human rights.