Thriving Human Rights Violations in the Balkans

AIM Athens, 26 November, 1998

In 1998, the Kosovo crisis has reached a peak which does not leave much room for compromise. This is though far from the only serious human rights problem in the Balkans. The other Balkan countries -even though to a much lesser degree- have their own human rights violations. The International Helsinki Federation's Report for the 1998 OSCE Implementation Meeting on Human Dimension Issues, presented in Warsaw in late October was the most comprehensive register of that bleak reality.

The Right to Citizenship is still problematic in some former Yugoslav states. Croatian refugees residing abroad and possessing old documents cannot obtain citizenship papers. Members of non-Croat ethnic communities within the country are consistently deprived of their fundamental constitutional rights. They are subjected to verbal abuse both by local and state authorities. In Macedonia 50,000 Albanians claim to have no citizenship, hence no right to vote. Some 90,000 former permanent residents of Slovenia have left the country, while the remaining 40,000 live outside the law and do not benefit from any social and political rights.

Freedom of Thought, Conscience, Religion or Belief is another difficult issue for the Balkan states which see new religious movements as alien and detrimental to their integrity. Regardless of a European Commission for Human Rights recommendation under which the Bulgarian government committed itself to sign an agreement for the registration of Jehovah's Witnesses, the latter still face numerous problems related to the practicing of their religion.

In December 1997 and in February 1998, the European Court of Human Rights convicted Greece for violation of the rights of the Greek Catholics and Protestants, respectively. This, however, did not 'impress' the country too much, so it kept its intolerant policy and legislation. The same is true of the treatment of new religious movements in Romania.

Oftentimes, the inertia from the past resurfaces and imposes unwarranted limitations on Freedom of Expression and Free Media. In April 1998 the Albanian Parliamentary Commission on the Media presented a draft on broadcasting, which sets licensing standards on private stations given by the National Council of Radio and Television. In this way the latter acquires almost unlimited power.

Bulgaria, Croatia, Greece and Romania are among the few European countries in which critical journalists face criminal proceedings for 'defaming' or 'slandering' public officials. In the beginning of July 1998 an independent group for media monitoring in Bulgaria found out that criticism against the government on the air of national media made up only one percent, against 30-60% in the printed media. In Croatia there have been over 400 court proceedings, initiated against publishers and journalists who caused 'emotional anguish' through writing critical articles.

On August 18, 1998, the Greek Minister of Justice, Evangelos Yanopoulos, announced his intention to introduce prison sentences of at least two years for defamation through the broadcast media. Moreover, such cases are to be initiated by the public prosecutors, rather than after a complaint by the persons allegedly offended.

While the radical reduction of prices of the print media leads to increasing pluralism in Macedonia, the severe economic pressure on the media in the Federal Republic of Yugoslavia results in governmental control. This is very prominent in the coverage of the Kosovo crisis. Most media follow the Milosevic government propaganda which describes the crisis as provoked by 'Shquiptar terrorists' against the innocent Serbs who act in self-defense.

Freedom of Association is another 'universal' human right, another reliable catalyst of the democratic process. Bulgaria still violates the right of unpopular ethnic and religious groups to gather together and raise their problems. In March and April 1998, the government undertook strict measures to suppress protest rallies of striking engine drivers. The strikes were labeled illegal and many trade union officials were dismissed on a disciplinary basis, in gross violation of the Labor Code.

Bulgaria also has some problems related to the Prevention of Torture and Conditions in Prisons and Detention Facilities. Roma community members are the usual targets of police brutality. They do not have effective guarantees for legal counsel from the moment of their detention, nor do they have the legal right to impartial medical examination. In May 1998, Chief Prosecutor Ivan Tatarchev presented an extensive report on more than 200 cases filed against police officers who had used force or firearms during and following apprehension of criminal suspects.

The same phenomenon is observed in Macedonia. Suspects are sometimes arrested without a warrant and then physically maltreated until they confess to a crime. Sometimes they are kept in detention for more than the 24 hours allowed by law and are denied immediate access to a lawyer. Croatia and Romania also fail to observe the rights of prisoners. Illegal police raids on bars, discos and Roma settlements gain impetus and serve nothing else but the intimidation of the people who happen to be at these places.

One problem, deeply embedded in the souls of all Balkan people, is related to the respect of the rights of national minorities. There is not a single Balkan country which can claim æethnic purity.Æ Neither is there a country with an impeccable record of observance of minority rights. Usually the reason for violations of these rights is found in the -often imaginary- threat of secession which minorities pose.

Both Bulgaria and Greece have unrecognized Macedonian minorities. There have been serious restrictions on the right to peaceful assembly of the Bulgarian Macedonians, regardless of the July 1998 decision of the European Commission for Human Rights to admit ethnic MacedoniansÆ complaint against the Bulgarian state.

In Florina, Northern Greece, four Macedonian activists were put on trial in September for "inciting citizens to commit acts of violence." They were prosecuted for using the Macedonian language on a sign -a clear violation of their right to free expression- but were finally acquitted.

Greece's refusal to formally recognize anything else but the "Muslim" minority in Thrace makes illegal any other kind of identification. Thus, even though most of the minority members think of themselves as Turks, the use of the adjective "Turkish" may lead to persecution. The government interferes even in the minority's religious matters. A 1990 law gave it the right to appoint muftis, against the will of the minority. Currently, there are two muftis in Xanthi and Komotini. The one elected by the minority has been repeatedly convicted for "pretense of authority."

In June 1998, after concentrated pressure by a number of Greek NGOs, the government abolished Article 19 of the Greek Citizenship Code which used to deprive arbitrarily non-ethnic Greeks if they settled abroad. According to official governmental data, some 60,000 Greek citizens -mainly of Turkish origin- have been deprived of citizenship since

1. As many as 1,000 of such former Greek citizens still live in Greece as stateless persons who are denied fundamental constitutional rights.

Balkan countries have deep prejudices against their Roma population. Society is usually a silent accomplice to the numerous police raids on Roma settlements. Roma in Greece are the most marginalized social group, subject to various discrimination in all walks of life. The same is true of Macedonia, where an ethnic Macedonian MP openly insulted a Roma deputy on the grounds of his ethnicity.

Romania continues to classify homosexuality as a criminal offense. This is done despite the fact that upon its admission to the Council of Europe in 1993, Romania promised to modify her legislation so that it follows international standards. The law still punishes homosexual acts "which cause public scandal" or "encourage a person" to commit homosexual acts with one to five yearsÆ imprisonment. International pressure has helped release some imprisoned homosexuals but the problem is still unsolved.

The Kurdish minority, which lives in the Southeastern region of Turkey, faces grave problems. Disappearances of people and shoot outs are daily phenomena. They are usually excused on the basis that the victims were suspected supporters of the Kurdish Workers' Party (PKK).

As to the Federal Republic of Yugoslavia, the Kosovo crisis is the first thing which comes to one's mind. For the seven months of open conflict, some 1,702 Albanians were killed, while 1,440 are believed to be detained or abducted by Serbian forces. The numbers could be much higher when one keeps in mind the instances of alleged extrajudicial executions. The Kosovo Liberation Army (KLA) has also committed numerous crimes, though not on such a large scale. At least 42 Serbian civilians and some ethnic Albanians, believed to be Serbian collaborators, have been attacked and kidnapped.

Involuntary displacement of civilians is another æburning issue.Æ In early October, UNHCR estimated the number of internally displaced people to some 200,000, with 41,800 in Montenegro, 20,000 in Serbia, 6,800 in Bosnia and Herzegovina and 20,500 in Albania.

Naturally, almost all Balkan delegations to the OSCE meeting staunchly defended their record and sometimes blasted the denunciations. Then they all returned home to lavishly celebrate the 50th anniversary of the UN Declaration of Human Rights ...

Mariana Lenkova (AIM)