Balkans: Survey of Human Rights Problems
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Date: Sat, 28 Nov 1998 13:39:43 +0200 (EET)
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Subject: Balkans: Survey of Human Rights Problems
From: MINELRES moderator <[email protected]>
Original sender: Greek Helsinki Monitor <[email protected]>
Balkans: Survey of Human Rights Problems
Thriving Human Rights Violations in the Balkans
Mariana Lenkova
Greek Helsinki Monitor and Minority Rights Group - Greece
(26/11/1998, AIM Athens)
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 'ethnic purity.' 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 Macedonians'
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 1955. 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 years� 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 'burning issue.' 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...
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