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Mapping Political Context Advancing Reproductive Health and Rights 2014.

SRH SRBIJA


table of contents

1.

2.

3.

IDENTIFYING ENTRY POINTS TO THE POLITICAL SYSTEM . . .

002

1.1 Social Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

002

1.2 Legal Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

012

1.3 Executive Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

028

1.4 Legislative Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

041

1.5 Territorial Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

048

UNDERSTANDING THE POLITICAL CONTEXT . . . . . . . . . . . . . . .

053

2.1 Electoral and Party Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

053

2.2 Ideological Stance, Social Doctrine and Citizen Representation . . . . .

060

2.3 Balance of Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

068

KEY ACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

075

3.1 Political Actors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

075

3.2 Social Actors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

089


1. Identifying entry points to the political system

1.1 SOCIAL STRUCTURE

Education, employment, economic status, political power

2

Indicator

Amount (percentage or numerical)

Source

Women are a majority population

51.3% of the total population of the Republic of Serbia are women.

Women and men in the Republic of Serbia, 2014, Statistical Office of the republic of Serbia

Women are more likely to be socially dependant

57.6% women are considered socially dependant, and, more often than with men, their main source of income is pension (57%), scholarships (56.5%) and social benefits (55.5%). Also, women on average have 20% lower old-age pensions, and 16% lower disability pensions than their male counterparts.

Ibid.

Men are dominant as reference persons of the household in all multi-person households.

Men are reference persons starting with two person households at 70% and reaching 88% at five person households

Ibid.

Women are higher educated then men

Women prevail in enrolling and completing higher schools and faculties. Among enrolled students there are 56%of women, and among graduates, there are 58% of women

Ibid.

Women are however prevalent among the population with the lowest education level

Almost 10% of women and approx. 4% of men living in urban areas are without primary school or have an incomplete primary education. In “other� areas, over 30% of women and 17% of men never attended school or have an incomplete primary education. Among the illiterate population, in almost all age groups, there are more women than men.

Ibid.

Mapping Political Context


Social Structure

1.1

Indicator

Amount (percentage or numerical)

Source

Women also are fewer in the population of post graduate scientists

More men (52%) than women (48%) received PhD degree in 2012.

Ibid.

Women are more prone to being unemployed and therefore economically dependent

There are less employed women than employed men by 16 percentage points (42% vs. 58%). The employment rate of women aged 25 to 54 years is 14 percentage points lower than the employment rate of men of the same age (56% vs. 70%). There are twice as many self-employed among men than among women (aged 15 to 64 years, 29% of men and 14% women). There is a higher number of informally employed women and men among self employed persons than among employed workers in all age groups. The largest number of informally employed are aged 65 years and over (81.3% women and 51.6% men).

Ibid.

Women are statistically far less prone to being holders of family a holding than men.

Women are represented among the holders of a family holding with 17.3%.

Ibid.

Women are more prone to doing unpaid work than men, and they have less leisure time

The ratio of paid and unpaid work is in favour of women and unpaid work. During weekends, on average women spend more time on unpaid work than men in the total work. As for leisure time: on average men spend six and a half hours per day, and women less than five and a half hours, and they spend a half of their total free time watching TV.

Ibid.

Women are far less represented in political bodies at municipal level

Only 5% of municipal presidents/mayors are women, and 29% of the assembly members in the municipal and city assemblies are women.

Ibid.

Women are far less likely to occupy management positions in companies and holdings

Women seldom have a position of a trustee or manager of holdings: 15.9% are women and 84.1% are men.

Ibid.

Early marriage, while being an incidental phenomenon in the general population is frequent in the Roma population

Only 0.8 percent of women and 0.1 percent of men in Serbia have entered marriage before the age 15. However, among Roma, 16.2 percent of women have entered marriage before the age of 15 and 53.7 percent have entered marriage before the age 18.

Multiple Indicator Cluster Survey 4, 2010

idto the political system Mapping Political Context

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1.

Identifying entry points to the political system

Reproductive health data

4

Indicator

Amount (percentage or numerical)

Source

Number of live births per woman

1.96

2011 National Census

The rate of live births is on a constant decline and mortality on increase since 1992 for both men and women

Natural increase rate has come from around 1 in 1991 to -5 percent in 2013.

Women and men in the Republic of Serbia, 2014, Statistical Office of the republic of Serbia

Use of contraception is still relatively low

Among women 1 aged 15-49 currently married or in union, 41.6 percent do not use any method.

Multiple Indicator Cluster Survey 2014, (National and Roma Settlements)

The structure of used contraception methods heavily favours traditional methods over modern ones.

40 percent use traditional methods versus 18.4 percent using modern methods.

Ibid.

The structure of used contraception methods even more heavily favours traditional methods over modern ones among Roma population.

54 Roma women using contraception rely on traditional methods while only 7.2 percent report using any modern methods

Ibid.

Significant proportion of women, both users and non users of contraception have a negative attitude towards it.

The irrational fear of negative health consequences of modern contraception use among both nonusers and users of contraception was also found in a recent investigation conducted in Serbia (Sedlecky & Rasevic, 2007, unpublished). Among current users of contraception the three main reasons for never having taken a COC were that it was considered to be unhealthy (19.0%), harmful (18.0%), and caused a lot of side effects (14.0%). Non-users of contraception had a similar, but stronger negative view of the COC as they also felt that it is harmful (31.0%), unhealthy (21.0%), associated with many side effects (11.0%), and unnecessary (9.0%). The same investigation revealed that resistance to modern and efficient contraception is not only a characteristic of women. The latter claimed that their partners would oppose contraception because it is harmful for health, and only 11.0% thought that their partner’s preference would be COCs or IUDs as contraceptive options.

Ibid.

Mapping Political Context


Social Structure

1.1

Indicator

Amount (percentage or numerical)

Source

A significant number of women are discouraged from using contraception/ discussing contraception with health professionals by a negative experience with them.

Another obstacle to the use of contraception is that the women dislike the way gynaecologists dealt with them. In one study 45.0% of the women reported a negative experience within a contraception consultation. They insisted on the need for an open discussion of contraception in relation to their individual problems, fears, attitudes and values.

Ibid.

Affordability of contraceptives is limited as only the wealthiest fifth of the Serbian population can afford to pay for any of products available on the market.

Most international recommendations suggest that costs of contraception should not exceed 1% of the annual income of a couple, when measuring ability to pay. Following this criterion, the poorest 10% of the population can only afford a very limited selection of contraceptives (three out of 19).

Market segmentation research, November 2014, UNFPA Serbia

A large majority of women do not attend any childbirth preparation programme

86 percent of women aged 15-49 with a live birth in the last two years did not attend any childbirth preparation programme – with half of them stating “no need” as the reason but a fifth stating that it was not organised in their neighbourhood. In Roma settlements the percentage is as high as 97.3.

Ibid.

There is simultaneously a high abortion rate in Serbia and a lack of reliable records regarding performed abortions, especially in regard to abortions performed at private clinics.

The estimated number of induced abortions in Serbia today (excluding Kosovo and Metohija) is about 150,000 abortions per year or 90.5 per 1,000 women aged 15–49.

The abortion issue in Serbia, 2009,

Since about 1990 the registered data regarding induced abortions in Serbia are no longer reliable; the number of registered abortions in the years thereafter has probably been grossly underestimated. For example, 42,322 abortions were registered in 2000 and only 24,273 in 2007 although the total fertility rates were then 1.47 and 1.39, and the percentages of women in stable relationships using any form of contraception were 58.3% and 41.2%, respectively3–5. Bearing in mind that the factors associated with a high number of abortions have not changed and that both fertility and contraceptive prevalence have decreased, this huge drop in registered abortions since the 1990s is highly questionable. The reason behind the incomplete registration of abortions seems to be that the majority of induced abortions, performed in private health clinics, are not included.

Assessment of the Family Planning Services in the Republic of Serbia, UNFPA November 2013

The last DHS in 2006 showed a total abortion rate of 2.76. Elective abortion remains high, with women aged 15-45 having 66 abortions for every 100 live births, and adolescents having 21 abortions for every 100 live births

Mapping Political Context

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1.

Identifying entry points to the political system

Indicator

Amount (percentage or numerical)

Source

Abortion is treated as a form of birth control by a significant number of women/ families.

In 1989, the year with the last accurate data on abortion, most of these procedures were performed on women 20 to 39 years old (90.0%), who were married (92.1%), had one or two children (75.8%), and nearly a quarter (22.4%) had previously had four or more induced abortions. Moreover, Between a quarter and a third of interviewed adolescent females were taught by their parents about: pregnancy and childbearing (32.7%), sex (21.7%), contraception (27.3%), induced abortion (24.3%) and sexually transmitted infections (19.3%). At the same time, nearly half (46.3%) of the study group knew that their mothers had resorted to induced abortion as a birth control method.

Ibid.

The number of women having more than one induced abortion is significant and is higher for those with lower education

Among women age 15-49 who have had an abortion, 55 percent of women had one abortion, 38 percent had 2 or 3, and 8 percent had four or more abortions. The percentage of women who had 4 or more abortions is slightly higher in urban than other areas (10 percent compared to 5 percent), and decreases with an increase in education level, ranging from 15 percent among women with primary education to 2 percent for women with higher education.

Multiple Indicator Cluster Survey 2014, (National and Roma Settlements)

Health professionals’ attitudes to abortion and their practices do not differ significantly from general population.

According to the findings of one study in the early 1990s, health care providers did not differ significantly from the general population in their attitudes and behaviour with respect to FP issues. Over a third (38.7%) of six types of medical staff had never used any contraception, and more than half (59.0%) of them or their partners had had an induced abortion. The average number of induced abortions in the study group was 1.30, and the maximum number was 11.

Ibid.

A study, which was conducted ten years later, focused on gynaecologists. It revealed that Serbian gynaecologists were still lagging behind with modern FP, both on a personal and professional level. Traditional contraception (coitus interruptus) was the most common contraceptive choice (32.7%). Almost two thirds of the participating gynaecologists or their partners (61.8%) had had one or more induced abortions. One quarter of the respondents (24.5%) had direct or indirect experience of two abortions, one in ten (9.8%) three abortions, and a few (7.5%) four or more induced abortions.

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Mapping Political Context


Social Structure

Reproductive health in Serbia is characterised by an average fertility rate for the region/ Europe, high abortion rate, low prevalence of modern contraception and a heavy reliance of traditional methods of contraception. The high abortion rate is exacerbated by the fact that there is no reliable data on the actual rate due to the largely unmonitored activity of private clinics who do not regularly report to the Institute for Public health on the abortions performed. Severity of the abortion issue in Serbia correlates with the fact that health professionals have largely the same attitude towards abortion as the general population and perceive it as a form of birth control, as characterised by a significant proportion of the female population, including gynaecologists, who have had more than one abortion in their lifetime.

1.1

leisure time. Therefore, women’s power to make decisions is undermined by having disproportionally low political power and disproportionally low economical independence which, when combined with the perception of contraception and birth control being female themes leads to low prevalence of modern contraception, low quality discussion in the sphere of public health about modern contraception, high prevalence of traditional (unreliable) methods of contraception and a high abortion rate as abortion is used as a form of birth control.

The high abortion rate and the perception of abortion as birth control is related to the perception of modern contraceptives as unsafe and a significant reluctance to discuss modern birth control with gynaecologists. Traditional contraceptive methods prevail, especially in lower educated and poorer population with additional issue of modern contraception being notably less affordable to population. Both users and non-users of modern contraceptive methods express similarly negative views regarding modern contraceptive methods, considering them unsafe, harmful and burdened with undesirable side effects. A large proportion of population has expressed having negative experiences discussing modern contraceptives with a gynaecologist. Therefore, the use of modern contraceptive methods is relatively low and this can be linked to both the fact that gynaecologists/ health professionals themselves send discouraging messages as well as the perception of contraception as a female issue in a society where women are treated as a minority although they are a statistical majority in the population. Thus, Serbian women are statistically better educated (but are simultaneously a minority among postgraduates and a majority in the population with the lowest education level) but are less likely to be employed, less likely to own business, occupy managerial or decision-making positions, less likely to be voted into political bodies, more likely to be socially and economically dependent, more likely to do more unpaid work and have less

Mapping Political Context

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Identifying entry points to the political system

Degree of Impact

Indicator

Data

Argument

High, medium or low

Insert the indicator

Insert the percentage of the indicator

Explain the reasons for the rating you have given to the influence this indicator bears over the chosen problem

High

There is simultaneously a high abortion rate in Serbia and a lack of reliable records regarding performed abortions, especially in regard to abortions performed at private clinics.

The estimated number of induced abortions in Serbia today (excluding Kosovo and Metohija) is about 150,000 abortions per year or 90.5 per 1,000 women aged 15–49

The high abortion rate demonstrates the use of abortion as a form of birth control which again suggests a very low level of knowledge and understanding of modern family planning and the low level of reliable data seems to suggest that there is little interest in knowing the real situation in public sector.

High

Abortion is treated as a form of birth control by a significant number of women/ families.

in 1989, the year with the last accurate data on abortion, most of these procedures were performed on women 20 to 39 years old (90.0%), who were married (92.1%), had one or two children (75.8%), and nearly a quarter (22.4%) had previously had four or more induced abortions. Moreover, Between a quarter and a third of interviewed adolescent females were taught by their parents about: pregnancy and childbearing (32.7%), sex (21.7%), contraception (27.3%), induced abortion (24.3%) and sexually transmitted infections (19.3%). At the same time, nearly half (46.3%) of the study group knew that their mothers had resorted to induced abortion as a birth control method.

The importance of this indicator is due to the fact that induced abortion with all the risks it carries still seems to be a more viable form of family planning than chemical contraception due to widespread ignorance and numerous prejudices

Mapping Political Context


Social Structure

1.1

Degree of Impact

Indicator

Data

Argument

High

Health professionals’ attitudes to abortion and their practices do not differ significantly from general population.

According to the findings of one study in the early 1990s, health care providers did not differ significantly from the general population in their attitudes and behaviour with respect to FP issues. Over a third (38.7%) of six types of medical staff had never used any contraception, and more than half (59.0%) of them or their partners had had an induced abortion. The average number of induced abortions in the study group was 1.30, and the maximum number was 11.

For many women, the only place where they will be able to have a structured discussion on family planning is visit to a gynaecologist and there they will often hear about the risks of chemical contraception and be discouraged to use it.

A study, which was conducted ten years later, focused on gynaecologists. It revealed that Serbian gynaecologists were still lagging behind with modern FP, both on a personal and professional level. Traditional contraception (coitus interruptus) was the most common contraceptive choice (32.7%). Almost two thirds of the participating gynaecologists or their partners (61.8%) had had one or more induced abortions. One quarter of the respondents (24.5%) had direct or indirect experience of two abortions, one in ten (9.8%) three abortions, and a few (7.5%) four or more induced abortions. High

A significant number of women are discouraged from using contraception/ discussing contraception with health professionals by a negative experience with them.

Another obstacle to the use of contraception is that the women dislike the way gynaecologists dealt with them. In one study 45.0% of the women reported a negative experience within a contraception consultation. They insisted on the need for an open discussion of contraception in relation to their individual problems, fears, attitudes and values.

Same argument

Medium

Affordability of contraceptives is limited as only the wealthiest fifth of the Serbian population can afford to pay for any of products available on the market.

Most international recommendations suggest that costs of contraception should not exceed 1% of the annual income of a couple, when measuring ability to pay. Following this criterion, the poorest 10% of the population can only afford a very limited selection of contraceptives (three out of 19).

The range of available contraceptives is not excellent but, fair as it is, for large part of Serbian population, even the cheapest contraceptives are relatively expensive.

Mapping Political Context

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Identifying entry points to the political system

Degree of Impact

Indicator

Data

Argument

High

The structure of used contraception methods heavily favours traditional methods over modern ones.

40 percent use traditional methods versus 18.4 percent using modern methods.

Due to a mixture of prejudice, traditionalist attitudes, feeling of shame, low income and lack of knowledge, many people stick to traditional, unsafe methods.

High

Use of contraception is still relatively low

Among women 1 aged 15-49 currently married or in union, 41.6 percent do not use any method.

Same argument, only in this case there is even less responsibility.

High

Significant proportion of women, both users and non users of contraception have a negative attitude towards it.

The irrational fear of negative health consequences of modern contraception use among both nonusers and users of contraception was also found in a recent investigation conducted in Serbia (Sedlecky & Rasevic, 2007, unpublished). Among current users of contraception the three main reasons for never having taken a COC were that it was considered to be unhealthy (19.0%), harmful (18.0%), and caused a lot of side effects (14.0%). Non-users of contraception had a similar, but stronger negative view of the COC as they also felt that it is harmful (31.0%), unhealthy (21.0%), associated with many side effects (11.0%), and unnecessary (9.0%). The same investigation revealed that resistance to modern and efficient contraception is not only a characteristic of women. The latter claimed that their partners would oppose contraception because it is harmful for health, and only 11.0% thought that their partner’s preference would be COCs or IUDs as contraceptive options.

Same argument

Medium

Women are more likely to be socially dependant

57.6% women are considered socially dependant, and, more often than with men, their main source of income is pension (57%), scholarships (56.5%) and social benefits (55.5%). Also, women on average have 20% lower oldage pensions, and 16% lower disability pensions than their male counterparts.

Women, even though being a majority in Serbian society are treated as a minority, with all the related political and social disempowerment which includes family planning

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Mapping Political Context


Social Structure

Degree of Impact

Indicator

Data

Argument

Medium

Men are dominant as reference persons of the household in all multi-person households.

Men are reference persons starting with two person households at 70% and reaching 88% at five person households

Same argument

Medium

Women are more prone to being unemployed and therefore economically dependent

There are less employed women than employed men by 16 percentage points (42% vs. 58%). The employment rate of women aged 25 to 54 years is 14 percentage points lower than the employment rate of men of the same age (56% vs. 70%). There are twice as many self-employed among men than among women (aged 15 to 64 years, 29% of men and 14% women). There is a higher number of informally employed women and men among self employed persons than among employed workers in all age groups. The largest number of informally employed are aged 65 years and over (81.3% women and 51.6% men).

Same argument

Medium

Women are statistically far less prone to being holders of family a holding than men.

Women are represented among the holders of a family holding with 17.3%.

Same argument

Medium

Women are more prone to doing unpaid work than men, and they have less leisure time

The ratio of paid and unpaid work is in favour of women and unpaid work. During weekends, on average women spend more time on unpaid work than men in the total work. As for leisure time: on average men spend six and a half hours per day, and women less than five and a half hours, and they spend a half of their total free time watching TV.

Same argument

Medium

Women are far less represented in political bodies at municipal level

Only 5% of municipal presidents/mayors are women, and 29% of the assembly members in the municipal and city assemblies are women.

Same argument

Medium

Women are far less likely to occupy management positions in companies and holdings

Women seldom have a position of a trustee or manager of holdings: 15.9% are women and 84.1% are men.

Same argument

Mapping Political Context

1.1

11


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Identifying entry points to the political system

1.2 LEGAL FRAMEwORK

LEGAL FRAMEwORK IN SERBIA The legal system in the Republic of Serbia is a system of codified or written norms that regulate the sphere of public and private life in Serbia. It includes the Constitution of the Republic of Serbia which was adopted in 2006, as the highest and most important legal document, as well as a system of laws that govern all aspects of social life in the Republic of Serbia. The legal system of the Republic of Serbia belongs to the continental European legal system (Continental Law). In the Republic of Serbia Legislative Branch has the authority to create laws. Courts are in charge of applying the law that are approved by the legislature.

Table no.1 Instrument

Article

Description

Constitution of the Republic of Serbia, Official Gazette no. 83â „6

Article 63, Freedom to procreate

Everyone shall have the freedom to decide whether they shall procreate or not. The Republic of Serbia shall encourage the parents to decide to have children and assist them in this matter

Constitution of the Republic of Serbia, Official Gazette no. 83â „6

Article 68, Health care

Everyone shall have the right to protection of their mental and physical health. Health care for children, pregnant women, mothers on maternity leave, single parents with children under seven years of age and elderly persons shall be provided from public revenues unless it is provided in some other manner in accordance with the law. Health insurance, health care and establishing of health care funds shall be regulated by the law.

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Mapping Political Context


Legal framework

1.2

Instrument

Article

Description

Constitution of the Republic of Serbia, Official Gazette no. 83⁄6

Article 69, Social care

Citizens and families that require welfare for the purpose of overcoming social and existential difficulties and creating conditions to provide subsistence, shall have the right to social protection the provision of which is based on social justice, humanity and respect of human dignity. Rights of the employees and their families to social protection and insurance shall be regulated by the law. The employees shall have the right to salary compensation in case of temporary inability to work, as well as the right to temporary unemployment benefit in accordance with the law.

Constitution of the Republic of Serbia, Official Gazette no. 83⁄6

Article 21, Prohibition of discrimination

In front of the Constitution and the law all are equal. Everyone has the right to equal protection of the law without discrimination. Shall be no discrimination, direct or indirect, on any grounds, particularly on race, sex, national origin, social origin, birth, religion, political or other opinion, property status, culture, language, age or mental or physical disability.

Constitution of the Republic of Serbia, Official Gazette no. 83⁄6

Article 66, Special protection of family, mother, single parent and child

Family, mother, single parent and child in the Republic of Serbia shall enjoy special protection, in accordance with the law. Mothers shall be given special support and protection before and after childbirth. Special protection is provided for children without parental care and children who are distracted in their psychological and physical development. Children younger than 15 can not be employed or, if they are less than 18 years, can not work in jobs harmful to their health or morals.

The table shows five articles from Constitution of the Republic of Serbia related to the SRH Serbia Advocacy issue. The Constitution of the Republic of Serbia also contains some of the universal rights such as the right to life, the right to education and the right to respect for private life. All other legal acts are hierarchically lower than the Constitution.

Mapping Political Context

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Scheme of legal acts by hierarchy relevant to the analysis of legal framework in the Republic of Serbia

CONSTITUTION

INTERNATIONAL DOCUMENTS

LAw

BYLAw

LAwS RELATED TO THE ADVOCACY ISSUE Table no.2 Instrument

Article

Description

Law on health protection, Official Gazette, no. 107/2005, 72/2009 – other law, 88/2010, 99/2010, 57/2011, 119/2012 i 45/2013 – other

Article 3

A citizen of the Republic of Serbia, as well as another person who is domiciled or resident in the Republic, is entitled to health care, in accordance with the law, and the duty to preserve and improve their health and health of other citizens, as well as environmental condition and working environment

Law on health insurance, Official Gazette, no. 107/2005, 109/2005 corr., 57/2011, 110/2012decision CC, 119⁄2012, 99 ⁄ 2014,123 ⁄ 2014, 129⁄2014- decision CC

Article 22

A specially protected category are women in relation to family planning, as well as during pregnancy, childbirth and maternity until 12 months after childbirth

Law on health insurance, Official Gazette, no. 107/2005, 109/2005 corr., 57/2011, 110/2012decision CC, 119⁄2012, 99 ⁄ 2014,123 ⁄ 2014, 129⁄2014- decision CC

Article 34

Right to health care coverage under the compulsory insurance: a review of the treatment of women with regard to family planning and during pregnancy, childbirth and maternity until 12 months after childbirth

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Mapping Political Context


Legal framework

1.2

Instrument

Article

Description

Law on health insurance, Official Gazette, no. 107/2005, 109/2005 corr., 57/2011, 110/2012decision CC, 119⁄2012, 99 ⁄ 2014,123 ⁄ 2014, 129⁄2014- decision CC

Article 35

Health education related to family planning, prevention of pregnancy, contraception and surgical sterilization, pregnancy testing, testing and treatment of sexually transmitted diseases and HIV infection;

Law on health insurance, Official Gazette, no. 107/2005, 109/2005 corr., 57/2011, 110/2012decision CC, 119⁄2012, 99 ⁄ 2014,123 ⁄ 2014, 129⁄2014- decision CC

Article 46

Health care that is not provided in mandatory health insurance: termination of pregnancy for non-medical reasons

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 2

Abortion can be made only at the request of pregnant women

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 3

Abortion can not be executed if it jeopardize the health or life of the woman

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 6

Abortion can be done until the tenth week of pregnancy. Exceptionally, an abortion can be performed after reaching the tenth week of pregnancy: when it is determined that otherwise can not save a life or averted serious health consequences and when conception occurred as a result of criminal offense

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 9

Abortion can be done when a pregnant woman to a written consent to termination

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 11

The health institution is obliged to woman who had an abortion ensure control of health.

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 12

The health institution that performing an abortion is obliged to keep records and medical records of abortions performed and prescribed reports submitted to the competent Institute for Health Protection, under the conditions and in the manner established by law. Records and documents referred to in paragraph 1 of this Article shall have the character of medical secrets are kept in a separate archive healthcare facilities.

Mapping Political Context

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Identifying entry points to the political system

Instrument

Article

Description

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 13

If during the abortion exist doubt that abortion started outside of medical facility by criminal offence, authorized doctor of health institution shall inform the body responsible for internal affairs.

Law about abortion in health care facilities Official Gazette of RS, no. 16/95 and 101/2005 -. Law

Article 15

Health institution that perform abortion contrary law will be punished by fine.

Family Act of Serbia, Official Gazette, 18/2005 and 72/2011 – other Law

Article 5

(1) The woman has the right to freely decide on birth. (2) The mother and the child are entitled to special protection of the state.

OTHER DOCUMENTS RELATED TO THE ADVOCACY ISSUE DEVELOPMENT STRATEGY OF YOUTH HEALTH IN REPUBLIC OF SERBIA

(17.11.2006.Official Gazette)

frequency of sexual activity among young people in the Republic of Serbia is on the rise. This is manifested through a greater share sexually active young people in the population and increase in the frequency of sexual activity among younger adolescents (up to 15 years of age), especially pronounced in women of this age group. 4.2.2 Pregnancy during adolescence 4.3 Sexually transmitted infections

Section 4 in this strategy refers to the: Basic characteristics of youth health status 4 items in this section relate to the area of interest. 4.2 Reproductive Health Problems

REGULATION OF THE NATIONAL PROGRAM OF HEALTH CARE FOR wOMEN, CHILDREN AND YOUTH

Young people represent a category of the population of the Republic of Serbia with specific risk factors for occurrence of damage to reproductive health.

Official Gazette no. 28/2009

4.2.1 Sexual Activity

The program unit regulate:

According to the results of numerous studies the

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Mapping Political Context

Section 6 in this regulation is related to the SRH advocacy issue.


Legal framework

6.1. HEALTH PROTECTION OF wOMEN IN CONNECTION wITH FAMILY PLANNING Family, pregnancy, childbirth and maternity This part of the program is directed towards the realization of national Millennium Development Goals by 2015: reducing maternal mortality and mortality rates for women of fertility age, especially from malignant disease: reduce morbidity from sexually transmitted infections (PPI) and HIV; increasing the coverage of prevention services and the use of modern contraceptive means and methods; comprehensive health protection of pregnant women; maintaining the health of pregnant women and fetus. 6.1.1. OVERALL GOAL: Maintain and improve the health of women of reproductive time 6.1.1.1. SPECIFIC OBJECTIVE: Maintain and improve women’s health before pregnancy 6.1.1.2. SPECIFIC OBJECTIVE: To maintain and improve health of women during pregnancy

NATIONAL STRATEGY EMPOwERMENT OF wOMEN AND PROMOTING GENDER EQUALITY

(“Off. Gazette of RS”, no. 15/2009) Section 4 in this regulation is related to the SRH advocacy issue. This program unit regulate: 4.4. IMPROVING THE HEALTH OF wOMEN AND PROMOTING GENDER EQUALITY IN HEALTH POLICY 4.4.2. Specific objective: Preserving and improving the health of women and the achievement gender equality in health policy Specific objective 2: Ensuring access to quality health care for women, especially for women from multiple discriminated groups Specific objective 3: Improving the reproductive health of women

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transmitted diseases account for 20% of disease in women. Reproductive and sexual health is important for each period of life. Reproductive and sexual health is important for each person in each period. 2) The provision of quality services for family planning and infertility treatment, reducing the incidence of abortion and promotion of safer methods of family planning, reducing adolescents pregnancy and maternal mortality. Provide accessible and safe contraceptives and increase the percentage of women who are use; apply the most advanced methods of infertility treatment, including artificial fertilization; develop counseling services for reproductive health, especially the youth and adolescents in which they gained knowledge and skills for safe sex and responsible parenting. 3) Prevention of risky sexual behavior and reducing the incidence of sexually transmitted infections; empowering youth to take a responsible attitude towards sexuality and reproductive health; promotion of gender relation and sexual health based on mutual respect, equality and responsibility To lead a public campaign about the need for and use of contraceptives, especially condoms as a means of prevention of sexually transmitted infections; encourage the establishment and the use of service, based on IC technology, to obtain advice and information on health problems organize lectures on family planning and responsible relation to sexuality; encourage young people to develop their mutual relations on the basic of genuine partnership and mutual respect.

NATIONAL STRATEGY FOR THE FIGHT AGAINST HIV⁄AIDS Ministry of Health 2005. 4.1.2. HIV ⁄ AIDS PREVENTION AMONG YOUNG PEOPLE Strategy goal-reduction of the new infection among young people Measures: promoting the use of condoms.

Diseases of the reproductive organs and sexually

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NATIONAL MILLENNIUM DEVELOPMENT GOALS IN THE REPUBLIC OF SERBIA

Task 2:

MDG 5: Improving the health of women of reproductive age Task1

2015 to preserve and improve the reproductive health of women by maintaining the fertility rate at the current level, reducing the rate of abortions by one-half and double magnification percentage of women using modern methods of contraception

by 2015, reduce the maternal mortality ratio to 4.9

International documents related to the reproductive health and rights Table no.3 Treaty

Date signed

Millennium ration UN

Date ratified

Aspects related to the Advocacy issue

decla-

18.09.2000.

Convention on Elimination of all Forms of Discrimination against Women

18.12.1979.

Official Gazette of SFRY” International Treaties, No.11 / 1981.

Article 11 (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Convention on Elimination of all Forms of Discrimination against Women

18.12.1979.

Official Gazette of SFRY” International Treaties, No.11 / 1981.

Article 11 (f) the right to protection of health and safety at work, including the safeguarding of the function of reproduction.

Convention on Elimination of all Forms of Discrimination against Women

18.12.1979.

Official Gazette of SFRY” International Treaties, No.11 / 1981.

Article 16 (e) The same rights to decide freely and responsibly on family planning, and to have access to information, education and means to enable them to exercise these rights;

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Goal 5: Improve maternal health; Target 5A: Reduce by three quarters, between 1990 and 2015, the maternal mortality ratio Maternal mortality ratio Proportion of births attended by skilled health personnel Target 5B: Achieve, by 2015, universal access to reproductive health Contraceptive prevalence rate Adolescent birth rate Antenatal care coverage Unmet need for family planning


Legal framework

Universal rights such as the right to life, the right to freedom of decision, the right to respect for private life, the right to education and other rights are regulated by numerous international documents ratified by Republic of Serbia. Among them are: International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention for the Protection of Human Rights and Fundamental Freedoms, Universal Declaration of Human Rights Legal Analysis through the Rulings of the Judiciary Branch The judicial system of the Republic of Serbia is based on a separate and independent judiciary. Courts are judging based on the Constitution, laws and other legal regulations. The courts are independent from the legislative and executive branches. Courts are established and abolished by law. Judicial decisions are obligatory and can not be subject to extrajudicial control. Judicial power is unique in the territory of the Republic of Serbia. Judicial decisions of the courts of Serbia have the character of universality and rarely precedent because courts administer justice according to law which regulates the respective substances. The court ruling becomes final and enforceable at the moment when they are utilized all legal remedies or when they utilized the right of appeal which allows the case to be transferred to a higher instance (higher court) In the jurisprudence of the Republic of Serbia to prosecute cases related to violations of sexual and reproductive rights of women for offenses provided for by law. The most common cases of violations of the law are illegal abortion (termination of pregnancy means that is greater than 10 weeks with the consent of the pregnant women) and death in childbirth. The Criminal Code of the Republic of Serbia in Article 120 provides for the offense of illegal abortions. (1) Whoever, contrary to regulations on performing abortions pregnant woman with her consent ,commences performing an abortion or help her to perform abortions, shall be punished with im-

1.2

prisonment of three month to three years. (2) Whoever engages in acts referred to in paragraph 1 of this Article, shall be punished with imprisonment from six month to five years. (3) Whoever the pregnant woman without her consent, and if she is under sixteen years without her consent and without the written consent of her parents, adoptive parent or guardian, execute or commences performing abortion, shall be punished with imprisonment from one to eight years. (4) If it is due to performing offense referred to in paragraphs 1 to 3 of this Article resulted in death, serious health or other serious bodily injury, the offender shall be punished for the offence specified in paragraphs 1 and 2 of this Article shall be punished with imprisonment of two to twelve years.

Examples of prosecutions of jurisprudence Case no.1 Source: Glas javnosti newspaper 02.06.2007. Topic: Convicted gynecologists Description: The District Court in Niš has condemned S.T (72 years old), owner of gynecological ordination “Jovanović” to a three month prison sentence because he in his ordination has committed the offense of illegal abortion of a pregnant women in her 14 week of pregnancy, without obtaining the opinion of the Ethics Committee which is compulsory in cases of advanced pregnancy. Gynecological services were paid RSD 3900. Due to the generally deteriorating health after the abortion, the patient had to seek help at the Gynecology and Obstetrics Clinic in Niš. Here, she underwent examination that established she was in her 13 or 14 week or pregnancy. Case no. 2 Source: Glas javnosti newspaper 02.06.2007. Topic: Convicted gynecologists

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Description: I.B. (40 years old) from Gnjilane was sentenced to one year in prison for having caused the miscarriage to a Macedonian national in her 24 week of pregnancy. The accused has on 30 July 2003 started to perform an abortion in a pediatric ordination “Medica Center”, owned by his wife and not registered for gynecological procedures. The intervention cost 500 Euro. When the woman started experiencing intense pain, he broke her water and told her to go home. At home she had a miscarriage after which she went to the Gynecology and Obstetrics Clinic in Niš, where she had her placenta and the umbilical cord removed. The court established that I.B. performed an abortion without obtaining the opinion of the Ethics Committee of the Gynecology and Obstetrics Clinic, although he knew her pregnancy was advanced and thus the patient’s life and health were at risk. The court had taken as an aggravating circumstance the fact that at the time he committed the offense this gynecologist was employed in another town, and that he was using his sick leaves and other leaves to perform abortions in the business premises that are not registered for gynecological operations. Case no. 3 Source: Blic online 07.08.2002. Topic: Arrested gynecologists Description: Gynecologist employed in the Health Center in Sombor, Jovan Virt (forty years), was arrested and was detained for a month because of a suspicion that he had committed four offenses of receiving bribes and four offenses of illicit abortions, said Sombor police. In all cases, he was accused of terminating advanced pregnancy in the gynecology and obstetrics department of the Health Center. Abortions were approved by the Commission of the Health Centre, although they were no legal grounds to do so. The termination of pregnancy at an advanced stage requires approval of the Ethics Committee of the health institution where it is performed – in this case, Health center “Radivoj“ in Sombor

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– and in these cases it was not obtained. Police said that there is evidence that Virt was involved in four similar cases in Belgrade. By law induced abortion at an advanced stage of pregnancy may be granted if the woman’s health is severely impaired, if baby has some serious anomalies, if the woman became pregnant via rape, incest, etc. Approval by a commission is possible if the pregnancy is between 10th and 20th week. If the age of the fetus greater than 20 weeks, then induced abortion may only be approved by the Ethics Committee, which is established by the Ministry of health following the proposal of the institution where the operation is supposed to be performed. Such a committee was not formed in Sombor, and in one of these cases, the age of the fetus was greater than 20 weeks.

Case no. 4 Source: RTV 16.12.2015. Topic: Arrested gynecologists Description: Police arrested a specialist in gynecology and obstetrics M. P (64) from Kragujevac and his colleague V. T. (65) from Cacak because of suspicion that they performed criminal offence illegal abortion, said the Kragujevac police. Kragujevac gynecologist suspected of illegal abortion, and colleague from Cacak is suspected of having committed the same offense in helping, said in a statement. “There are grounds to suspect that M. P, from 29 to 31 October 2014 in his private ordination in Kragujevac, committed this criminal offense against a patient from Cacak, who was in eighteen weeks of pregnancy,” the statement said. Police added that the female patient sustained serious injuries life-threatening. It is suspected that the V T. sent the patient to the M. P, “after that they were agreed that, for the sum of 1,000 euros, perform this surgical intervention,” the statement added. The preliminary proceedings judge, after the hearing, ordered the custody for the M.P. adds Kragujevac police.


Legal framework

1.2

The classification of instruments (Tables 1.2 and 3): favorable and unfavorable aspects influence on sexual and reproductive health and rights

Table no.4 Legal Instrument

Article, Section or Amendment

Favorable

Unfavorable

Constitution of the Republic of Serbia, Article 63 (table no.1)

Freedom to procreate

Forces the state to ensure freedom of choice

High

Constitution of the Republic of Serbia, Article 68 (table no.1)

Health care

Forces the state to ensure and oversee the provision of universal health care

High

Constitution of the Republic of Serbia, Article 69 (table no.1)

Social care

Forces the state to ensure social care for categories of population where social protection is needed

High

Constitution of the Republic of Serbia, Article 21 (table no.1)

Prohibition of discrimination

Forces the state to ensure respect of differences on various grounds

Constitution of the Republic of Serbia, Article 66 (table no.1)

Special protection of family, mother, single parent and child

Forces the state to ensure special care for categories of population

High

Law on health protection, Article 3 (table no.2)

Guarantee of health protection

Forces the state to ensure and oversee the provision of universal health care

High

This article mentions the ban on discrimination based on sex but does not mention the ban on discrimination based on sexual orientation

Legal weight

High

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Legal Instrument

Article, Section or Amendment

Favorable

Law on health insurance, Article 22 (table no.2)

Guarantee of health insurance to specific groups in the population (groups at increased health risk or socially deprived groups) and this includes “women, in relation to family planning, as well as during pregnancy, delivery and in post natal period up to 12 months after the delivery�.

Forces the state to ensure special care for specific groups

High

Law on health insurance, Article 34 (table no.2)

Guarantee of health protection right to health care coverage under the compulsory insurance related to women and family planning

Forces the state to ensure special care to the women with regard to family planning and during pregnancy, childbirth and maternity until 12 months after childbirth

High

Law on health insurance, Article 46 (table no.2)

Health care that is not provided in mandatory health insurance: termination of pregnancy for non-medical reasons

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Unfavorable

This article is contrary to article 63 of the Constitution of the Republic of Serbia that allows freedom of making in terms of birth because limiting that freedom in the situation of pregnancy termination from non-medical reasons, that is not covered by compulsory health insurance. This article of the law shows that the freedom of decision in this matter conditioned and limited

Legal weight

High


Legal framework

Legal Instrument

Article, Section or Amendment

Favorable

Unfavorable

Law about abortion in health care facilities, Article 2 (table no.2)

Abortion can be made only at the request of pregnant women

Forces the state to ensure a woman’s right to choose and decide on their own reproduction

Law about abortion in health care facilities Article 6( table no.2)

the right of women to safe abortion

Forces the state to ensure a woman’s right to safe abortion

Law about abortion in health care facilities Article 9 (table no.2)

Abortion can be done when a pregnant woman to a written consent to termination

Forces ensure right to her rights

the state to a woman’s choice about reproductive

High

Law about abortion in health care facilities Article 11 (table no.2)

Health control after abortion

Forces the state to ensure a woman’s right to health protection

High

Law about abortion in health care facilities Article 12 (table no.2)

The medical documentation abortion

Forces the state to ensure a woman’s right to privacy

High

Law about abortion in health care facilities Article 13 (table no.2)

illegal abortion

Forces the state to ensure a woman’s right to life and health protection

High

Law about abortion in health care facilities Article 15 (table no.2)

Abortion outside the health institution

Forces the state to ensure a woman’s right to life and health protection

High

Family Act of Serbia, Article 5 (table no.2)

Freedom to procreate

Forces the state to ensure freedom of choice

High

1.2

Legal weight High

The law on the other hand, do not contains a provision to regulate education on the topic safe and unsafe abortion and contraceptive use in order to reduce violations of the law

High

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Legal Instrument

Article, Section or Amendment

Favorable

Strategy development of youth in Republic of Serbia, Section 4

Reproductive health problems, sexual activity, pregnancy during adolescence and sexually transmitted infections

Strategy identifies and defines youth problems related to reproductive health and sexuality. It also obliges the government to act according to the action plan and indicators set in order to improve the general health of young people

Medium

Regulation of the national program of health care for women, children and maternity

Health protection of women in connection with family planning

Forces the government to maintain and improve the health of women of reproductive age. This part of the program is directed towards the realization of national the Millennium Development Goals by 2015

Medium

National strategy for improvement of woman and promoting gender equality

Ensuring access to quality health care for women (Ensuring access to quality health care for women, especially for women from multiple discriminated groups, Improving the reproductive health of women, The provision of quality services for family planning and infertility treatment, prevention of risky sexual behavior and reducing the incidence of sexually infections)

Forces the government to ensure and improve the reproductive health

Medium

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Unfavorable

Legal weight


Legal framework

1.2

The table shows (no. 5) a list of the legal instruments which can be changed through an Advocacy process Instrument

Issue, right, or action

Description

Desired change

Law on health protection, Article 3 (table no.2)

Guarantee of health protection

Forces the state to ensure and oversee the provision of universal health care

Insert in article also ban on discrimination based on sexual orientation

Law on health insurance, Article 46 (table no.2)

Health care that is not provided in mandatory health insurance: termination of pregnancy for non-medical reasons

This article is contrary to article 63 of the Constitution of the Republic of Serbia that allows freedom of making in terms of birth because limiting that freedom in the situation of pregnancy termination from non-medical reasons, that is not covered by compulsory health insurance. This article of the law shows that the freedom of decision in this matter conditioned and limited

Termination of pregnancy for non-medical reasons is covered by compulsory health insurance in cases permitted abortion

Law about abortion in health care facilities Article 11 (table no.2)

Health control after abortion

Forces the state to ensure a woman’s right to health protection

Compulsory education on the topics of safe and unsafe abortion, usage of contraceptives in order to reduce violations of the law and pre and post abortion counseling

Law about abortion in health care facilities Article 13 ( table no.2)

illegal abortion

Forces to the state to ensure a woman’s right to life and health protection

Reducing the number of illegal abortions

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The table shows (no. 5) a list of the legal instruments which can be changed through an Advocacy process Type of Instrument

Description

Impact on the Issue of Interest

Law of health protection, Article 3

Change of Article 3 of this Law-insert in article also ban on discrimination based on sexual orientation

Such a change would allow universal respect for diversity not only on the basis of gender, but also on the basis of sexual orientation

Law on health insurance, Article 46

Change of Article 46 of this Law- insert termination of pregnancy for non-medical reasons is covered by compulsory health insurance in cases permitted abortion

Such a change would allow the reduction of maternal mortality and adolescent pregnancies. On the other hand, such a provision would reduce the number of illegal abortions.

New Abortion Law

Compulsory education on the topic safe and unsafe abortion and usage of contraceptives in order to reduce violations of the law and pre and post abortion counseling

The law on abortion should also contain provisions concerning on compulsory education of women (especially young women) on the subject of abortion and the usage of contraceptives, to avoid unwanted pregnancies and preserve the health of women. This law should contain a mandatory pre-abortion and post abortion counseling, risk abortion in non-clinical institution (unsafe, illegal abortion)

Strategy of reproductive and sexual health and rights

Strategy of reproductive health and rights and action plan

Republic of Serbia has no strategy for reproductive health, but only parts of the various laws in the field of health and strategies that include sections related to women’s reproductive health. This strategy would affect the improvement of women’s health through the availability of information on reproductive health

Sexual education in schools curriculum

New schools curriculumsexual health and education

This program would allow introducing young people with their own sexuality, acceptance of diversity, sexual rights, contraception, safe abortion

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Legal framework

1.2

CONCLUSION: The legal system of the Republic of Serbia has several laws regulating women’s health. Constitution of the Republic of Serbia and ratified international treaties guarantee universal rights such as the right to life, liberty, privacy, health care, social care, education, equality etc. The Republic of Serbia has no strategy for reproductive health, but the reproductive rights of women are covered by different laws and strategies. It can be noticed the lack of legislation in the areas of family planning and practical application of legal principles (modern contraceptives, pregnancy during adolescence, the day after pill). Researches conducted in the different strategies show a low level of education of women, especially of young women in the field of reproductive health and sexual rights. There is also a large number of unwanted pregnancies, especially adolescent pregnancies in cases where the abortion usually started outside medical facilities. It can be noticed the low level of use of contraception among young women. The issue of education for young people on reproductive health and sexual rights are represented through segments of individual strategies and action plans. In practice, this education is not comprehensive and does not include all components of reproductive health and sexual rights.

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1.3 EXECUTIVE BRANCH

GENERAL STRUCTURE The Republic of Serbia is a state of Serbian people and all citizens who live in it, based on the rule of law and social justice, principles of civil democracy, human and minority rights and freedoms and commitment to European principles and values. The political system of the Republic of Serbia is based on multi-party parliamentary democracy. Serbia has the National Assembly, the President of the Republic and the Government. The National Assembly is the supreme representative body and holder of constitutional and legislative power in the Republic of Serbia and consist of 250 deputies elected in direct elections. The President of the Republic shall express state unity of the Republic of Serbia. Is elected through direct elections, for five years. The President of the Republic shall: 1. represent the Republic of Serbia in the country and abroad, 2. promulgate laws upon his decree, in accordance with the Constitution, 3. propose to the National Assembly a candidate for the Prime Minister, after considering views of representatives of elected lists of candidates, 4. propose to the National Assembly holders of positions, in accordance with the Constitution and Law, 5. appoint and dismiss, upon his/her decree, ambassadors of the Republic of Serbia, upon the proposal of the Government,

promote and relieve officers of the Army of Serbia. The President of the Republic shall be elected on direct elections, by secret ballot, in accordance with the Law. Elections for the President of the Republic shall be scheduled by the Chairman of the National Assembly, 90 days before the end of term of office of the President of the Republic, so that elections finish within the following 60 days, in accordance with the Law. While assuming the office, the President of the Republic shall take the following oath before the National Assembly: The term of office of the President of the Republic shall last five years and begin from the day of taking of the oath before the National Assembly. If the term of office of the President of the Republic expires during the state of war or emergency, it shall be extended so that it lasts until the expiry of three months from the day of the end of the state of war, that is, of emergency. No one shall be elected to a position of the President of the Republic more than twice. The term of office of the President of the Republic shall end with expiry of the period of time for which he or she has been elected, by his/her resignation or released of duty. The President of the Republic shall tender his/ her resignation to the Chairman of the National Assembly. The President of the Republic shall be dismissed for the violation of the Constitution, upon the decision of the National Assembly, by the votes of at least two thirds of deputies. Procedure for the dismissal may be initiated by the National Assembly, upon the proposal of at least two thirds of deputies.

7. grant amnesties and award honor

The Constitutional Court shall have the obligation to decide on the violation of the Constitution, upon the initiated procedure for dismissal, not later than within 45 days.

8. administer other affairs stipulated by the Constitution.

The government has executive authority in the Republic of Serbia.

In accordance with the Law, the President of the Republic shall command the Army and appoint,

The Government shall:

6. receive letters of credit and revocable letters of credit of foreign diplomatic representatives,

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1. establish and pursue policy,


Executive branch

2. execute laws and other general acts of the National Assembly, 3. adopt regulations and other general acts for the purpose of law enforcement, 4. propose to the National Assembly laws and other general acts and gives its opinion on those laws and general acts, when another mover proposes them, 5. direct and adjust the work of public administration bodies and perform supervision of their work, 6. administer other affairs stipulated by the Constitution and Law. The Government shall account to the National Assembly for the policy of the Republic of Serbia, for enforcement of laws and other general acts of the National Assembly, as well as for the work of the public administration bodies. Local government is organized on the principle of local self-government through municipal or city assemblies, councils and administrative bodies. The Government shall consist of the Prime Minister, one or more Vice Presidents and ministers. The Prime Minister shall manage and direct the work of the Government, take care of coordinated political activities of the Government, coordinate the work of members of the Government and represent the Government. Ministers shall account for their work and situation within the competence of their ministries to the Prime Minister, Government and National Assembly. Member of the Government may not be a deputy in the National Assembly, deputy in the Assembly of the autonomous province and representative in the Assembly of the local self-government units, nor may he or she be a member of the executive council of the autonomous province or executive body of the local self- government unit. Other functions, actions or private interests which are incompatible with the position of a member of the Government shall be stipulated by the Law. A candidate for the Prime Minister shall be proposed to the National Assembly by the President of the Republic, after he or she considers the opinions of representatives of elected election

1.3

lists. The candidate for the Prime Minister shall present to the National Assembly the Government’s Program and propose its constitution. The National Assembly shall simultaneously vote on the Government’s Program and election of the Prime Minister and members of the Government. The Government shall be elected if the majority of the total number of deputies votes for its election. The term of office of the Government shall last until the expiry of the term of office of the National Assembly which elected it. The term of office of the Government shall commence on the day of taking an oath before the National Assembly. The term of office of the Government shall terminate before the period of time for which it has been elected, by the vote of no confidence, dissolution of the National Assembly, resignation of the President of the Republic and in other cases stipulated by the Constitution. The Government whose term of office has expired may only perform affairs stipulated by the Law, until the election of the new Government. The Government whose term of office has expired may not propose the dissolution of the National Assembly. The term of office of the member of the Government shall expire before the expiry of the period of time for which he or she has been elected, by accepting his/her resignation, by the vote of no confidence in the National Assembly and dismissal by the National Assembly, upon the proposal of the Prime Minister. The Prime Minister may tender his/her resignation to the National Assembly. The Prime Minister shall tender his/her resignation to the Chairman of the National Assembly and, at the same time, inform the President of the Republic and general public. At the next first session, the National Assembly shall confirm the resignation of the Prime Minister. The term of office of the Government shall terminate on the day of confirmation of the resignation of the Prime Minister.

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After the National Assembly confirms the resignation of the Prime Minister, the President of the Republic shall be obliged to initiate the proceedings for election of the new Government. If the National Assembly fails to elect the new Government within 30 days from the day of confirmation of the resignation of the Prime Minister, the President of the Republic shall be obliged to dissolve the National Assembly and schedule elections. The member of the Government may tender his/ her resignation to the Prime Minister. The Prime Minister shall submit the resignation of the member of the Government to the Chairman of the National Assembly and the National Assembly shall confirm the resignation at the next first session. The Prime Minister may propose to the National Assembly a dismissal of particular member of the Government. The National Assembly shall discuss and vote on the proposal for dismissal of the member of the Government at the next first session. Decision on Dismissal of the Member of the Government shall be adopted if the majority of the total number of deputies votes for it. The term of office of the member of the Government who has tendered his/her resignation shall

terminate on the day of confirmation of resignation, and for the member of the Government who has been dismissed, the term of office shall terminate on the day of adoption of the Decision on Dismissal. Status and responsibilities of the member of the Government who has tendered his/her resignation or for whom the proposal for dismissal has been submitted shall be stipulated by the Law, until the termination of the term of office. The Prime Minister shall be obliged to initiate proceedings for election of the new member of the Government, after the expiry of the term of office of the member of the Government due to tendered resignation or dismissal. Public administration is part of the executive authorities of the Republic of Serbia who performs administrative tasks within the rights and duties of the Republic of Serbia. State administration consists of ministries, administrative bodies within ministries and special organizations .The work of the state administration bodies subject to supervision by the government. The National Assembly supervises the work of public administration through government oversight and members of the Government.

OPERATIONAL STRUCTURE Organization chart of the Executive Branch

Prime Minister General secretery First Vice-President Vice President(s) Ministries

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• Ministry of Finance • Ministry of Economy • Ministry of Agriculture and Environmental Protection • Ministry of Construction, Transport and Infrastructure • Ministry of Mines and Energy • Ministry of Trade, Tourism and Telecommunications • Ministry of Justice • Ministry of State Administration and Local Self-Government • Ministry of Interior


Executive branch

• The Ministry of Defense • Ministry of Foreign Affairs • Ministry of Education, Science and Technological Development • Ministry of Health • Ministry of Labour, Employment and Social Affairs, Veterans • Ministry of Youth and Sports • Ministry of Culture and Information

CREATION OF PUBLIC POLICIES IN SERBIA When is analyzing a system of policy-making in Serbia, it is necessary to move from a short analysis of the legal framework which, broadly speaking, regulating elements and processes within the system. The Constitution stipulates that the Government, establish and pursue policy, propose to the National Assembly laws and other general acts and also directs and coordinates the work of state administration and supervise their work. Government Act (whose legal basis is clearly given in Article 135 of the Constitution) does not contain specific provisions on how the Government establish and pursue policy, except a broad definition in Article 2 of the Government to establish and pursue a policy in the framework of the Constitution and laws of the People’s Assembly. It should be noted that the Law on Government also allows ministers to submit to the Government proposals for the settlement of matters within the jurisdiction of the Government and the National Assembly and require the government to take a stand on an issue within its competence. As prescribed by the Constitution, the state administration (whose work is directed and supervised by the Government) is an independent, bound by the Constitution and the law, and responsible to the Government. From these provisions may be exempt ministers and government itself, who must rely on the work of the state administration to support the business, “establishing and managing policies” of the country, although this specific relationship is nowhere explicitly stated in the Constitution. Since the Constitution further provides, the tasks of the state administration are prescribed by law.

1.3

On the basis of this constitutional provision, the Law on State Administration prescribes these tasks in its Chapter III. These provisions provide a clearer insight into the relationship between the Government as a collegial body and state administration. The first article of this chapter (Article 12) stipulates that public administration bodies to prepare draft laws, other regulations and general acts for the Government and the Government propose development strategies and other measures to shape the policy of the Government. In addition, Article 13 stipulates that state administration authorities monitor and assess the state of affairs in the areas of its scope, studying the consequences of the established situation and, depending on the jurisdiction, or undertake measures themselves or propose to the Government regulations and measures in their purview. Organs of state administration also entrusted (Article 20) to encourage and direct development in the areas of its scope, according to government policy. Finally, in the context of other professional activities (Article 21) stipulates that they collect and study data in the areas of its scope, constitute analysis, reports, information and other materials and perform other professional activities which contribute to the development of the area from its scope. However, the law does not create some important prerequisites in order to put these jobs in the context of policy. Does not clearly define the role of these different tasks in the policy-making process; • remains quite vague regarding “other measures” to formulate policies; • Do not provide a legal basis for the government to further regulate the procedures and processes for these jobs • Does not contain clear provisions regarding the “shaping” or “determining” Government policy and the role of ministries and other administrative bodies in the policy-making process. Several elements that are relevant to the policy cycle are found in other chapters of the Civil right, so the section on “directions of the Government”, Article 61 provides that “The Government, based on the conclusions of the state administration guides, in policy implementation and enforcement of laws and other legal acts, coordinates their work ,and work of ministries and special or-

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Identifying entry points to the political system

ganizations, specifies deadlines for issuing regulations that are not prescribed by law or general act of the Government.” The same article allows to the Government that can order the state administration authority to examine any question or take a job and prepare of a separate report. However, the specific types of documents and procedures for the preparation of these documents are not listed anywhere. Public consultations are regulated in a rudimentary way in Article 77 of the Law on Public Administration. The duty to conduct a public debate exists in the preparation of laws that significantly alters the legal regime in a certain area or regulating issues of particular interest to the public. A similar procedure for the preparation of laws, public discussion in the process of preparing legislation closely regulates the rules of procedure. It should, however, add that most of these special provisions focus on the preparation of laws, and not to other stages of the policy process. Government Rules is a document that lays down the details of the process of policy-making in Serbia. This document was subject to amendment several times in the past couple of years and every time they introduced some improvements in the decision-making process within the Government. An important document that must accompany most of the material sent to the Government for decision-making, is the “explanation”. Government Rules requires the submission together with all draft laws, proposals for regulations and decisions (Article 39). The reasons must, among other things, that includes the reasons for the act. This provision requires that the proponent explain, problems that act should resolve, the objectives of the act achieved, possibilities to solve the problem without the adoption of the act and the answer to the question why the adoption of the act is the best way to solve the problem. Justification should also include an assessment of the financial resources necessary for the implementation of the act. Thus, it can be concluded that there is a clear intention that the reasoning contains significant elements that require policy analysis before the draft law or regulation of the Government. Content verdict is indirectly indicates that with his preparation should begin before the phase of drafting legal acts, or at least at a very early stage

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Mapping Political Context

of drafting. Content reasoning also suggests that it should be taken serious analytical work before you begin drafting a legal act to the proponent could not answer all the questions given. However, there are no further qualitative requirements relating to the preparation reasoning, nor in terms of the time frame for its creation (or at least to start making), or in terms of other analytical documents and policy documents that should serve as the basis for the development of reasoning. It should also be noted that the reasoning in the format prescribed in Article 39 is made only to the acts of the Government and not for political acts such as strategy, resolutions and conclusions. Article 38 provides that the proposals the Government’s conclusions are followed by different reasoning that “contain the reasons for their adoption and explanation of all necessary questions” (as well as deadlines for their execution). Article 38 mentions “analyzes and reports” that must include the conclusion proposed to the Government, although the analysis as a type of document is nowhere as specified by the Rules. Analysis of the effects of regulations or as provided in the Rules, an analysis of the effects of the law, is regulated by Article 40. The term used clearly suggests that the regulatory impact analysis limited to the draft law, and not extended to other documents submitted to the Government for consideration. Rules of Procedure provides that the analysis of the effects of the law should respond to six questions: 1. Who will be affected and how solutions in the law? 2. What is the cost of implementation of the law will create citizens and businesses? 3. Whether the positive effects of the adoption of the law such as to justify the costs it will create? 4. Does the law supports the creation of new entities in the market and market competition? 5. Have all interested parties had the opportunity to vote on the law, and 6. What will be measured during the application of the law to take to achieve that with the enactment of the law intends? Finally, all draft laws, regulations or making sug-


Executive branch

gestions, proposals strategies must be accompanied by a “statement of established cooperation” that shows some of which were acquired by institutions such opinions and that their comments were accepted. In case you are not accepted, then the statement must include the reasons for rejection. This provision of Article 39a establishes requirements for elementary inter-ministerial consultations should be implemented for all acts adopted by the Government, including strategies such documents essentially exposing public policy, but omitting conclusions. The process of public consultation is highly regulated in detail by Article 41 which was introduced in the Rules of Procedure due to the strong commitment of civil society and the support of the Government Office for Cooperation with civil society. It should be noted that consultations were defined as “public debate”. Although the minimum duration of the process prescribed (not less than 20 days), it still does not imply a continuous process, but is primarily viewed as an event. In addition, a public hearing is required only to “prepare laws significantly altering an issue or regulates an issue of particular public interest.” For strategies, regulations and decisions stipulates that a public hearing be conducted, but it is not prescribed and the obligation to do so. The only document used in the planning of public policy and which is explicitly included in some of the above provisions (mainly related to the consultation) is a development strategy. Therefore, the system of policy-making relies mainly on the process of drafting and decision-making on the draft law, while the process of formulation and policy analysis does not explicitly regulated. Government planning system of public policy at the macro level has gradually evolved over the past few years, introducing several important elements: - Annual Work Plan of the Government (the Annual Report) Annual Work Plan of the Government is made up of contributions from line ministries and other relevant organs of state administration. On the basis of instructions sent by the General Secretariat of the Government, shall be submitted initial proposals / attachments, after which the General Secretariat of the Government to some extent performs quality control, which some-

1.3

times involves the return of proposals ministries to improve them. - Strategy Development Strategy Development in the Law on Government and the Rules of Procedure of the Government as the type of documents issued by the Government. Article 45 of the Law on the Government, therefore, requires that development strategy should be to serve the Government to assess the situation in a particular area, as well as measures to be taken for its development. Although the Rules of Procedure defines certain procedural aspects to propose development strategies, are required by no quality standards for such documents. The result is a condition in which the relevant ministries drafts and proposes the development strategy without a central prioritization, which leads to the fact that everything becomes a priority, as each sector represents their interests through various strategic documents. In addition, content, quality and time frame of different development strategies vary within the system. Finally, it is ensured coherence policy directions contained in the different strategies from one central point. - Medium-term operational plans of ministries Mid-term operational plans were introduced in five pilot ministries that are already implementing program budgeting. Have been developed based on initial experiences with the annual operational plans and currently represent only a planning process that is associated with the process of drafting the budget. Mid-term operational plans contain detailed work plans, projects and activities of the ministries for the coming year with indicative plans for the next two years. Beginning in 2014, it is planned that all ministries introduce medium-term operational plans with program budgets Medium-term plans are an important element in creating a comprehensive and integrated system of planning policy at government level. However, in order to achieve the desired effects, they must be supported by additional elements of policy planning at the macro-level. Another relevant element in the system of planning policy is the Budget Memorandum (threeyear budget plan of the Government with detailed plans for the first year and estimates for

Mapping Political Context

33


1.

Identifying entry points to the political system

the second and third year). Memorandum on the Budget of the Ministry of Finance is developing a bottom-up approach, based on contributions from line ministries and other direct budget users, since the government has no system of defining priorities top-down. The overall system planning policy is still far and can not be considered completed and consolidated. The hierarchy of government planning documents is not clearly established and their functional relationships are not certain. Among the elements that are missing and the roof is a planning document of the Government, or at least a methodological document that establishes hierarchical planning system of public policies, guidelines or methods for central and sectoral strategic planning, as well as substantive policy coordination and quality control systems. The relationship between the government planning (as well as sectoral etc. ,the planning of relevant ministries) and budgeting process is still relatively weak, and most of the planning documents remain outside the budget, which often leads to a serious lack of implementation and monitoring of these documents. Recent reforms, mainly initiated by the General Secretariat of the Government, they were mainly focused on the introduction and improvement of the quality of the Government’s Annual Work Plan and Annual Report. Government’s proposed methodology for an integrated system of planning policy, which has not yet been adopted and which is still not known when it will be on the agenda of the Government. The logic of the way in which the methodology was designed to maximize the use of existing elements of planning policy and amendments to those new elements which are currently lacking. The methodology defines a seven-step process: 1. Establishment of strategic priorities and objectives of the Government of top-down as a new element of the system; 2. The development of medium-term strategic plans of the line ministries - the current element; 3. Development / preparation and submission of a list of initiatives that should be included in the annual plan of the Government, as the

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Mapping Political Context

existing step that should advance a use elements of “top-down”. 4. Develop annual work plan of the Government 5. Monitoring progress on strategic priorities and objectives 6. Monitoring of the implementation of the Government’s annual work plan in collaboration with line ministries. 7. Publication of the medium-term strategic plans of line ministries The reality of policy-making in Serbia shows a rather uneven practice in different ministries. In the absence of a good legal framework that would allow, and in fact, demanded that the formulation of policies preceded the drafting of regulations, the ministry access to the functions of policy analysis in different ways. Access often depends on external actors involved in policy-making in a given area at a given time, such as international organizations, technical assistance projects, etc. It can be concluded that the system of planning policy Serbia is not fully developed, and that the reforms in the center of the government so far were limited in scope and effects, and require additional support and attention. The processes of formulating policies are designed improperly and insufficiently coherent and capacity in line ministries are weak and uneven. In the overall policy cycle dominates the legislative stage, while the phases of problem identification, analysis and formulation / policy development unregulated and poorly developed.

THE IMPACT OF CIVIL SOCIETY ON PUBLIC POLICY Up to this point, the issue of a systemic approach to civil society participation in the process of policy making in Serbia has not been resolved. In its last Progress Report, the European Commission notes that “civil society is a crucial component of any democratic system and should be recognized and treated as such by the state institutions”. Thus, it is necessary to raise awareness of the potential mutual benefits of establishing closer and continuous cooperative mechanisms of the governmental and civil sector throughout policy making.


Executive branch

On the one side, these promise to result in a more transparent, responsive, and inclusive public administration, which would in return also be more ready to fulfill its obligations and responsibilities towards to its citizens. Moreover, the current constellation is conducive to these types of reforms especially upon the constitution of an ambitious Ministry of Public Administration and Local Self-Government and Secretariat for Public Policies. In the Serbian system, the participation of CSOs in public policy is largely conducted on an ad hoc basis, reactive and untimely, which prevents use of the full potential and capacity of the sector. Inclusion to civil society in public policy can contribute to all parties involved if they provide from the very beginning of the process. Fact that to the Annual Work Plan of the Govern-

1.3

ment is not widely available to prevent actors outside the administration to adequately plan their contribution and participation in the creation policy. The mere formulation of policy is not represented in the Serbian system, while its elements can be found in certain number of documents. Regulatory Impact Analysis provides an opportunity for timely and substantive participation of CSOs in the early stages of policy-making. The main formal instrument prescribed in the existing legal framework for the involvement of NGOs in policy-making, and the earliest moment of their engagement, is a public hearings. Public hearings are conducted in practice after the drafting of legislation, in the form of gatherings which do not provide comments and receive feedback.

PLANS, PROGRAMS, PUBLIC POLICY, AND GOVERNMENT ACTIONS

Strategy for continous improvement of health care and patient safety

The National strategy for the advancement of Women and gender equality

Strategy for the development of youth health Strategy for prevention and protection from discrimination

National millenium goals

Reproductive health

Public Health strategy National strategy for preventing and combating violence against women in family and partner relationship

National program for prevention of cervicalcancer

The National strategy against HIV and AIDS

Diagram shows the instruments created by the executive branch and which are related with Advocacy issue.

Mapping Political Context

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Identifying entry points to the political system

This table shows strategies, national plans and programs of which is the bearer of the Serbian government or ministry Ministry, Institute, Department/ Secretariat

Instrument

Government of the Republic of Serbia

Strategy for prevention and protection from discrimination

Government of the Republic of Serbia

National Millennium goals

Ministry of Health

National program for prevention of cervical cancer

Government of the Republic of Serbia

The National strategy against HIV and AIDS

Government of the Republic of Serbia

National strategy for preventing and combating violence against women in the family and partner relationship

Government of the Republic of Serbia

Public Health strategy

Government of the Republic of Serbia

The National strategy for the advancement of women and gender equality

Government of the Republic of Serbia

Strategy for continuous improvement of health and patient safety

Government of the Republic of Serbia

Strategy for the development of youth health

This table shows the sections of importance for the advocacy issue Instrument

Description of the section, paragraph, or excerpt that addresses the issue of interest

Implementing and Involved Areas

Strategy for prevention and protection from discrimination

Section 3, Section 4

Government of the Republic of Serbia

National Millennium goals

MDG 5

Government of the Republic of Serbia

National program for prevention of cervical cancer

ALL

Ministry of Health, Government of the Republic of Serbia

The National strategy against HIV and AIDS

Section 4.2

Government of the Republic of Serbia, Ministry of Health

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Mapping Political Context


1.3

Executive branch

Instrument

Description of the section, paragraph, or excerpt that addresses the issue of interest

Implementing and Involved Areas

National strategy for preventing and combating violence against women in the family and partner relationship

Section 1.4, Section 1.5, Section 2.2

Government of the Republic of Serbia

Public Health strategy

Section 8.1, Section 9.1 , Section 10

Government of the Republic of Serbia, Ministry of Health

The National strategy for the advancement of women and gender equality

Section 4

Government of the Republic of Serbia

Strategy for continuous improvement of health and patient safety

Section 1.3.2, Section 1.3.4, Section 1.3.6 (and other sections because this strategy relates generally to the health system in terms of service improvements)

Government of the Republic of Serbia, Ministry of Health

This table shows the relationship between the existing public policies and the problems that they are defined on the one hand, and non-existent public policies that could create Policy and actions in operation

Pending policy and actions

Nonexistent policy and actions

Reproductive Health problems of young people

Strategy for the development of youth health

Strategy of Reproductive Health

Pregnancy adolescence

during

Strategy for the development of youth health

The program for the prevention of adolescents pregnancies

Sexual Activity of adolescents under 15 years

Strategy for the development of youth health

Introduction of sexual education in the school system

Reproductive health of women

The National strategy for the advancement of women and gender equality

Strategy of Reproductive Health

Maternal mortality

National development goals

National safe abortion contraception program

Millennium

Mapping Political Context

and

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1.

Identifying entry points to the political system

This table shows implementation of public policy instruments Public Policy Instrument

Implementing Ministry

National Millennium goals

Multisectoral cooperation ( Republic Institute for Statistics, Ministries, Office for accession to the EU, Institute of Public Health)

Strategy for the development of youth health

Ministry of Health

The National strategy against HIV and AIDS

Ministry of Health

The National strategy for the advancement of women and gender equality

Ministry of Labour, Employment and Social Affairs, Veterans

This table shows decision-making process in the Ministry of Health Ministry of Health Area

Post

Decision Level

Decision Resources

Minister’s Office

Minister

Top management

Political, technical, financial, human, material

Minister’s Office

Chief of cabinet

Top management

Political, technical, financial, human, material

Minister’s Office

Special Advisers

Top management

Political, technical, financial, human, material

Minister’s Office

Secretary State

Top management

Political, technical, financial, human, material

Secretariat of the Ministry

Secretary of the Ministry

Senior Management

Technical, human, operational

Health service organization sector

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

Health insurance sector

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

Sector for public health and programmed healthcare

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

38

of

Mapping Political Context


Executive branch

1.3

Area

Post

Decision Level

Decision Resources

Sector for European integrations and international cooperation

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

Sector for medications and medical devices, controlled psychoactive substances and precursors

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

Inspection operations Sector

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

Department Biomedicine

of

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

The Internal Audit Group

Head of Sector (Assistant minister)

Senior Management

Technical, human, operational

This table shows decision-making process in the Ministry of Labour, Employment and Social Affairs, Veterans Area

Post

Decision Level

Decision Resources

Minister’s Office

Minister

Top management

Political, technical, financial, human, material

Minister’s Office

Chief of cabinet

Top management

Political, technical, financial, human, material

Minister’s Office

Secretary State

Top management

Assistants ister

Assistants ister

Min-

of Min-

Senior management

Operational, technical, financial, human, material

Department for International Cooperation and European Integration Projects

Head of Sector

Senior Management

Technical, financial, human, material

The Internal Audit Group

Head of Sector

Senior Management

Technical, financial, human, operational

Mapping Political Context

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1.

Identifying entry points to the political system

Area

Post

Decision Level

Decision Resources

Group on Public Procurement and Legal Affairs

Head of Sector

Senior Management

Technical, human, operational, material

Department Work

for

Head of Sector

Senior Management

Technical, financial, human, operational

Employment Sector

Head of Sector

Senior Management

Technical, financial, human, operational

Sector for pension and disability insurance

Head of Sector

Senior Management

Technical, financial, human, operational

Sector for family care and social protection

Head of Sector

Senior Management

Technical, financial, human, material

Sector for veteran

Head of Sector

Senior Management

Technical, financial, human, operational

Sector for protection of persons with disabilities

Head of Sector

Senior Management

Technical, human, material, operational

Sector for development affairs and planning

Head of Sector

Senior Management

Technical, financial, human, material

Labour torate

inspec-

Head of Sector

Senior Management

Technical, financial, human, material, operational

Sector for safety and health at work

Head of Sector

Senior Management

Technical, financial, human, material

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Mapping Political Context


Legislative Branch

1.4 LEGISLATIVE BRANCH

LEGISLATIVE BRANCH IN THE REPUBLIC OF SERBIA The National Assembly is the supreme representative body and the holder of constitutional and legislative power in the Republic of Serbia. National Assembly conducts the election, control and representative function. The Constitution of the Republic of Serbia in the fifth section regulates the National Assembly. The Constitution also predicted the law on the National Assembly. Legislation relevant to the work of the National Assembly are: 1. The Law on the National Assembly 2. Rules of Procedure of the National Assembly 3. The unique methodological rules for drafting regulations The National Assembly passes: laws, budget, development plan, spatial plan, financial statement, Rules of Procedure, strategies, declarations, resolutions, recommendations, decisions, conclusions and authentic interpretations of laws.

1.4

Without announcement - The National Assembly is convoked without announcement upon the declaration of the state of war or emergency. Solemn sitting – On the occasion of state or international holidays, the National Assembly Speaker may convoke a solemn sitting of the National Assembly and invite the President of the Republic, Prime Minister, representatives of other domestic and foreign authorities and organizations to address the National Assembly. Special sitting – Special sittings are convened for the adoption of the proposal of the Constitution; promulgation of the Constitution and constitutional law for the implementation of the Constitution; when the President of the Republic is to take an oath of office; when the candidate for prime minister office presents the program and proposes the Government composition; for the election of the Government and when the Prime Minister and the Government members are to take an oath of office; and when elected persons who, in accordance with the law, take their oath of office before the National Assembly, are to take an oath of office. The National Assembly Speaker may convoke a special sitting in which the National Assembly may be addressed by the President of the Republic, President or representative of a foreign country, parliamentary representative of a foreign country or a representative of an international organization. National Assembly of the Republic of Serbia is unicameral.

PROCEDURES wITHIN THE NATIONAL ASSEMBLY’S JURISDICTION, COMPETENCES AND DUTIES Regular session - The National Assembly is convoked for two regular sessions per year. The first regular session starts on the first workday of March, while the second regular session starts on the first workday of October. Regular sessions may not last longer than 90 days. Extraordinary session - The National Assembly is convoked for extraordinary session at the request of at least one third of the MPs or the request of the Government, with previously determined agenda. Extraordinary sessions are subject to the application of provisions of the Rules of Procedure on regular sessions.

Mapping Political Context

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Identifying entry points to the political system

Table no. 1- Parliamentary session Type of session

From (day and month) to (day and month)

Type of legislation passed

Ordinary

From 3 November to 8 November 2014.

Bill amending the Law on Health Insurance, submitted by the Government; Bill on Medical Documentation and Records, submitted by the Government and other laws

Extraordinary

From 29 August to 31 August 2014.

Bill on Medical Documentation and Records, submitted by the Government;

Other

From 4 June to 5 June 2014.

Ombudsman’s 2013 Regular Annual Report, submitted by the Ombudsman, accompanied by the Conclusion Proposal of the Committee on Human and Minority Rights and Gender Equality and the Conclusion Proposal of the Committee on the Judiciary, Public Administration and Local Self-Government and other reports

This table shows examples of specific laws that are on the agenda of the National Assembly. In its regular sessions National Assembly discusses draft laws and amendments to various laws. On the extraordinary sessions National Assembly mainly discusses laws and emergency situation (for example floods from 2014) Special Sessions of the National Assembly are reserved for the search of various reports and oath of the government. This analysis is related to 2014. Permanent working bodies are committees, established in order to: 1. consider bills and other documents submitted to the National Assembly 2. review the policies pursued by Government, 3. supervise the Government’s and other state authorities’ execution of laws and other general acts 4. consider other matters falling within the competence of the National Assembly The National Assembly comprises the following committees: 1) Committee on Constitutional and Legislative Issues,

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Mapping Political Context

2) Defense and Internal Affairs Committee 3) Foreign Affairs Committee, 4) Committee on the Judiciary, Public Administration and Local Self-Government, 5) Committee on Human and Minority Rights and Gender Equality, 6) Committee on the Diaspora and Serbs in the Region, 7) Committee on the Economy, Regional Development, Trade, Tourism and Energy, 8) Committee on Finance, State Budget and Control of Public Spending, 9) Agriculture, Forestry and Water Management Committee, 10) Committee on Spatial Planning, Transport, Infrastructure and Telecommunications, 11) Committee on Education, Science, Technological Development and the Information Society, 12) Committee on Kosovo-Metohija, 13) Culture and Information Committee, 14) Committee on Labour, Social Issues, Social Inclusion and Poverty Reduction, 15) Health and Family Committee 16) Environmental Protection Committee 17) European Integration Committee,


Legislative Branch

1.4

18) Committee on Administrative, Budgetary, Mandate and Immunity Issues, 19) Security Services Control Committee, 20) Committee on the Rights of the Child. Rules of Procedure of the National Assembly governing principle by which create and modify legal instruments. Rules of Procedure of the National Assembly shall prescribe separate procedures for creating and changing the different legal instruments.

Table no. 2 – procedures for creating and changing the law according to the Rules of procedure All MPs, the Government, the Assembly of the Autonomous Province or at least 30,000 voters shall be entitled to propose Bills and proposals of other general acts. The Ombudsman and the National Bank of Serbia shall be entitled to propose Bills from their scope of work. Bills and proposals of other general acts shall be submitted to National Assembly in writing or in an electronic form.

Stage

Process

1

Authorized proposer of Bills shall submit the Bill in the form in which the law will be adopted, with a rationale.

2

Immediately upon receipt of a Bill submitted to the National Assembly, the Speaker of the National Assembly shall communicate the Bill to MPs, the competent committee and the Government, if the Government is not the prosper. A Bill shall be also forwarded to the Ombudsman, or the National Bank of Serbia, if it regulates matters within their scope of work.

3

If the Bill has not been prepared in accordance with these Rules of Procedure, the Speaker of the National Assembly shall, within three days from the receipt of the Bill, request the proposer to harmonize it with the provisions of these Rules of Procedure, specifying in detail wherein the incompatibility is identified.

4

The Bill proposer may submit, within 15 days, a Bill harmonized with the provisions of these Rules of Procedure or, if the proposer does not agree with the opinions of the Speaker of the National Assembly, he/she may request in writing that the National Assembly vote on the issue. The National Assembly shall vote on that issue at the following sitting, before proceeding with the agenda, without a debate. Before the vote, the proposer shall be entitled to present his/her position in five minutes’ time at most. If the proposer of the Bill does not act in accordance with the provisions, the Bill shall be deemed withdrawn.

5

A Bill prepared in accordance with the provisions of these Rules of Procedure may be included in the agenda of sittings of the National Assembly within no less than 15 days from the date of its submittal.

Mapping Political Context

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1.

Identifying entry points to the political system

Stage

Process

6

Before being discussed at a sitting of the National Assembly, a Bill shall be discussed by competent committees and the Government, if it is not the Bill prosper. The competent committee and the Government, if it is not the Bill proposer, in its report, i.e., opinion, may propose to the National Assembly to accept or reject the Bill in principle. If the competent committee and the Government propose acceptance of the bill in principle, they shall specify whether they accept the Bill in its entirety or with changes they are proposing in the form of amendments. The competent committee and the Government shall submit a report to the National Assembly, or an opinion, as a rule, within at least five days before the beginning of the National Assembly sitting at which the Bill will be discussed. If the competent committee does not submit the report, or the Government does not submit its opinion on the Bill, the Bill shall be considered without the report and/or the opinion.

7

A Bill shall be initially subjected to a debate in principle at sittings of the competent committee, and then to a debate in detail. On the conclusion of the debate, the competent committee shall submit to the National Assembly a report which contains the opinion and proposals of the committee, and a dissenting opinion of a committee member. The committee designates a rapporteur who shall be entitled to substantiate the report of the committee at a sitting of the National Assembly. Initially, at the sitting of the National Assembly, a Bill shall be put to a debate in principle. After the conclusion of the debate in principle, the National Assembly shall open a debate in principle on the Bill, or a single debate on a proposal of another act that is on the agenda, and then it shall continue with the debate in detail. To begin a debate in detail on a Bill, at least 24 hours must pass from the conclusion of the debate in principle. During the period between the conclusion of the debate in principle and opening the debate in detail, the competent committee may submit amendments to the Bill. The National Assembly may decide to hold a debate in detail on some Bills immediately upon the conclusion of the debate in principle. Debates in detail shall be held on the Articles to which amendments have been submitted and on amendments which propose introduction of new provisions, whereby the total time for a debate in detail for the parliamentary groups shall be equal to the total time used for the debate in principle on the Bill, or for the cognate debate in principle of several Bills for parliamentary groups. If more amendments with identical wording have been submitted to the same Article of a Bill, those amendments shall be decided upon as one amendment. The Speaker of the National Assembly shall, upon determining that there are no more participants applied for the debate or time envisaged for the debate has expired, conclude the debate. The Bill proposer shall be entitled to withdraw the Bill from the procedure until the conclusion of the debate on the Bill at a sitting of the National Assembly. The National Assembly, acting on reasoned by the Bill prosper, may decide to withdraw a certain item from the agenda of an on ongoing sitting, before the beginning of the debate on the item at the sitting of the National Assembly provided the sitting is being attended by the majority of total number of MPs.

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Legislative Branch

* The rationale shall contain the following: 1. The constitutional, and/or legal basis for adopting the regulation; 2. The reasons for adopting the regulation, in particular: an analysis of the current situation, problems that shall be resolved by the regulation; objectives to be attained by the regulation, the discussed options for resolving the problems without regulation adoption and the answer to the question why the regulation adoption is the best way to resolve the problem(s); 3. Explanation of the basic legal institutions and individual solutions; 4. An estimate of the funds necessary to implement the regulations, including the sources of those funds;

1.4

5. The general interest owing to which the retroactive effect is being proposed, if the Bill contains provisions with retroactive effect; 6. Reasons for adopting the Bill by an urgent procedure, if an urgent procedure has been proposed for the adoption of the Bill; 7. Reasons for proposing the regulation to come into effect before the eighth day following its publication in the Official Gazette of the Republic of Serbia. 8. a list of the provisions of the valid regulation which are being amended (by crossing out the part of the text being modified, and inserting the new text in capital letters).

Table no. 3- mechanisms and voting percentages needed to pass or modify a law Type of Law

Modification requirements

Description

%

Numeric quantity ( if applies)

Constitution

Special constitutional majority

Two-thirds of the total number of deputies

75%

N/A

Constitutional Law

Special constitutional majority

Two-thirds of the total number of deputies

75%

N/A

Laws

majority quorum

majority of the deputies at the session attended by the majority of MPs

International treaty

majority of votes of all deputies

N/A

N/A

OPERATIONAL STRUCTURE Table no.4-Committees whose work is connected with the advocacy issue Committee

Number of members

Committee on Human and Minority Rights and Gender Equality,

17

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1.

Identifying entry points to the political system

Committee

Number of members

Committee on Labour, Social Issues, Social Inclusion and Poverty Reduction,

17

Health and Family Committee

17

Table no. 5- Bills associated with the advocacy issue Committee

Title of the Bill

Political actor who introduced it

Committee on Human and Minority Rights a n d Gender Equality

T h e Model Law on Gender Equal ity

O m budsm a n S a š a Janković

46

Drafting

Mapping Political Context

Stage

General content

Relationship to the chosen problem

The law is in the proces s of public commentary on the web si te of the Ombudsman

More than half of the old law requires amendments because was enacted before the adoption of laws prohibiting discrimination, solutions in laws are differ and causing problems in practice so it is necessary to be synchronized; it has been ratified more important international documents in this field, experiences in law enforcement have shown its weakness: the lack of instruments for implementation; incomplete regulations (etc., status of local institutional mechanisms for gender equality); guarantee the rights that are narrower than the content of the Constitution, which guarantees (etc., passive suffrage, etc.).

The entire instrument is connected with the problem Discrimination (forms) on the basis of sex, gender, sexual orientation and gender identity, and violation of the principle of equal rights and obligations; possibility of informal (or even formal) gathering women MPs (The Women’s Network) and their joint work on issues relevant to gender equality.


Legislative Branch

1.4

This model Law was presented at the sitting held on 10 December, International Human Rights Day, on sitting of the Committee on Human and Minority Rights and Gender Equality. The Committee Chairman opined that the improvement of the legislative framework relating to gender equality stems from need to ensure gender equality and provide women with protection and empowerment. He stressed that certain areas have shown improvement, such as the increased participation of women in political life, emphasizing that one third of MPs at the National Assembly are women, as well as the increased participation of women in the police, military and other spheres. However, women and men are still not equal. The chairman opined that the economic empowerment of women is the key pre-requisite for the protection of women. The Model Law on Gender Equality was presented by Prof. Dr Marijana Pajvancic, Dean of the Novi Sad faculty for European Legal and Political Studies. She was listed the reasons for the implementation of the Model Law, and the most important innovations which introduces, the new chapters in the Law, as well as the focusing of common characteristics of the regulations within specific areas covered by the Law. In addition to the Committee members the sitting was attended by representatives of the ministries, state institutions and the non-governmental sector.

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Identifying entry points to the political system

1.5 TERRITORIAL STRUCTURE

The Republic of Serbia is a unitary state with one autonomous province and 174 local government units (150 municipalities, 23 towns and the town of Belgrade). The province and local governments have autonomous bodies in executive and legislative branches with powers to decide autonomously on a palette of issues. Judicial Branch is more centralised with courts and judges being established at national level. The province has the power to propose the structure of the network of courts at its territory but the decisions are made at national level. Both, provincial and local levels have their own parliaments, executive organs established by these parliaments and budgets. Both, provincial and local levels have their own income from collected taxes of which some are shared with national level and some are taken in full.

Executive Branch

Legislative Branch

Judicial Branch

Regional (one province: The Autonomous Province of Vojvodina)

Prime minister is proposed by the Chairperson of the provincial Parliament and her/ his proposed ministers are voted for by the provincial parliament. Its term ends with the end of the provincial parliament’s term.

Elected by citizens of the province. A four year term.

Judges and courts are established at national level. The province proposes the network of courts at its territory.

Local (municipalities, cantons, townships)

Formed by the local parliament.

Elected by the citizens of the municipality/ town. A four year term.

Judges and courts are established at national level.

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Territorial Structure

1.5

Instrument

General description

Sections related to the chosen issue

Constitution

Defines territorial organisation and powers of different levels of government

Chapter VII: territorial organisation

Law on Local Self-Government

Defines units of local and provincial self-government, criteria for their establishment, powers, organs, monitoring and protection

Articles 20, 58, 78

Law on Financing Self-Government

Local

Defines the collection and distribution of finances at local level

Whole document

Statute of the Autonomous Province of Vojvodina

Defines organisation and status of the province

Article 29

Law on Establishing Jurisdiction of the Autonomous Province of Vojvodina

Defines the powers and authority of the provincial bodies and acts

Articles 33, 34, 47, 48, 49, 51

Regional public policy

Government level

Description

Analogous national policy

Degree of consistency

Introduction of “Health education on reproductive health” pilot project for 1200 high school students in 10 schools (five professional and five general secondary schools) in Vojvodina during 2013/ 2014

Regional – Autonomous Province of Vojvodina

The Provincial Secretariat for Sports and Youth started a pilot project related to introducing a course in reproductive health in the curriculum of five general secondary schools and five professional ones, shifting emphasis from the usual teachings about sexually transmitted infections (covered by general health-related courses) to human sexuality, emotions, gender issues, SOGI issues etc. The post-project evaluation demonstrated better grasp of the relevant issues, a positive change in behaviour and a slightly improved attitudes regarding autonomy in decision making within a partnership. The project was continued in 2014/ 2015 in 66 schools across Vojvodina.

Does not exist

N/A

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Regional public policy

Government level

Description

Analogous national policy

Degree of consistency

Project “Golden Bridge” – November 2014, Vojvodina

Regional – Autonomous Province of Vojvodina

The project establishes a partnership between a NGO Skaska from a city in Vojvodina (Zrenjanin) and the Provincial Secretariat for Sports and Youth to run creative workshops for students, parents and teachers on sexual education and reproductive health in twenty schools across Vojvodina. This project takes into account the fact that the age at which young people become sexually active tends to be lower than that which the existing educative programmes are aimed at and this is an attempt to be proactive.

Does not exist

N/A

Project “Youth at risk”

Local – Municipality of Zemun

A joint project of the Health Centre of the Zemun municipality, two local level NGOs and municipal government of Zemun, run in the only secondary school at the territory of the municipality. Its aim is to reduce the incidence of unwanted pregnancies, reduce the incidence of sexually transmitted infections and the incidence of the non-communicable diseases of reproductive organs.

Does not exist

N/A

Degree of political autonomy: Government level

Regional

Local

National

Medium

Medium

Province

Medium Municipality/ Town

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Degree of autonomy of public policy operation and management Government level

Regional

Local

National

Medium

Medium

Province

Medium Municipality/ Town

Scope of public policies Government level

Regional

Local

National

Low

Low

Province

Low Municipality/ Town

01.

According to the analysis conducted in this session and in the session devoted to the Executive Branch, which public policies connected with the Advocacy issue have the greatest scope: national policies, regional policies, local policies, or all of them combined? Explain.

The lack of national policies regarding reproductive health and sexual rights/ education is the indicator that Serbian authorities regard these topics as low priority. At the moment, the policies/ initiatives with the greatest scope are those at provincial level due to the higher priority the authorities in Vojvodina put on reproductive health and sexuality. 02.

Are there national and regional policies connected with the Advocacy issue that have opposite goals? Explain.

There are no policies directly opposed to the Advocacy Issue – drafting and adopting a National Strategy on Reproductive Health. The real danger related to the Strategy is the fact that policies of this sort almost mandatory need to be accompanied with an external funding source linked to the

action plan or there is very low chance that the plans will be implemented. 03.

If a national public policy, plan, program, or government action goes in one direction and a local public policy, plan, program, or government action goes in the other, is there an appropriate legal framework that allows this to happen? Enquire and explain.

Provincial and local policies/ plans etc. need to be harmonised with the national ones. In cases where the incompatibilities have been brought to public attention it was usually high courts (e.g. Constitutional Court) who were tasked with resolving the issue, mostly by siding with the national level. 04.

N/A

05.

According to your analysis of national and local public policy connected with the Advocacy issue, is one policy subsidiary of the other? In other words, is the scope of one policy complementary to the scope of the other? Explain .

Since there have not been national level policies

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or initiatives related to reproductive health (beyond the broadest legislation related to patients’ right, termination of pregnancy and structure of health institutions), it could be argued that provincial and local level policies are complementing the national policy on reproductive health and sexual rights. However, it is important to emphasise that the initiatives at provincial and local levels are practically innovations in Serbian national context with very little in the way of established values and national priorities regarding the topic. 06.

In the case of public policy connected with the Advocacy issue, can a citizen choose the government level of which he or she is a beneficiary? Or are their rigid residence or other criteria that define which government level provides the service? Explain

There is a rigid set of policies and legislation that define citizens’ access to services related to reproductive health and sexual education. This is mostly related to territorial organisation and place of residence. 07.

In the case of public policy connected with the Advocacy issue, can a beneficiary of a national public policy be the beneficiary of a regional or local policy at the same time? Explain

Yes, providing there are complementary policies of which at the moment there are almost none. 08.

According to the analysis conducted in this session, do you think that the regional, local, or district government level may be the object of an Advocacy project? Argue which level and why.

Advocating for National Strategy for Reproductive Health needs to be at national level since it is by its nature a national issue, but also because it is national level that prescribes policies with which provincial and local levels harmonise their policies. This is not a necessity due to the complete lack of autonomy at provincial and local levels – there are significant levels of autonomy at these levels as described above – but rather due to funding issues. Policies of national importance will be perceived as worthy of funding at lower levels while those with original and innovative initiatives will need to secure external funding to be accepted at local and provincial levels.

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2. Understanding the political context 2.1 ELECTORAL AND PARTY SYSTEMS

THE EVOLUTION OF PARTY AND ELECTORAL SYSTEMS IN SERBIA In Serbia, in 1989 and 1990 has been created a constitutional and other conditions for the emergence and establishment of a modern multi-party system. Before the first multiparty elections in 1990 in Serbia were formed 44 political parties The Socialist Party of Serbia (SPS) was created by transformation and unification of the League of Communists of Serbia (SKS) and the Socialist Alliance of Working People of Serbia (SSRNS) and other political parties which have emerged from patriotic associations, movements, cultural and political circles and groups of intellectuals. At the occurrence of a relatively large number of political parties has been influenced: liberal conditions for their formation to stand for election, the party organization of national minorities and the emergence of several regional parties. Opening party organization at the national, traditional, ideological, class, national, regional basis will remain hallmark in the future. After the first elections of held by the majority system, SPS won 45.8% of the votes and 77.6% of seats in the National Assembly of Serbia and became victorious, ruling, influential and promising political party, while the other parties were the opposition and not influential. This period has been marked the transition from single-party to a multiparty system, and until 1992 in Serbia there were more than a hundred of political parties.

Social Structure

1.1

After the founding of the Federal Republic of Yugoslavia and the conduct of federal elections, at the end of 1992 were held early parliamentary elections in Serbia by the proportional system. SPS, as the winner of the election with 28.8% of the votes and 40.4% of parliamentary seats, was no longer dominant, and the biggest surprise of the election has been SRS, which has managed to grow in a short period until the second political party in strength and number of seats won. The unification of opposition parties began in 1998 and ended in 2000 when the 18 political parties created a united democratic opposition. Parliamentary elections in Serbia were held at the end of 2000, after the victory of the Democratic Opposition of Serbia (DOS) in federal elections. Party system of Serbia in the first ten years of the multiparty system has characteristics of a system with a dominant party. Although the SPS had a continuous decline of voter support in the elections and has never had a clear support of the electorate, in the first two years had a parliamentary majority thanks to the majority election system, and later the domination has been exercised by the presidency, a majority of the minority and coalition governments, with the absolute control police, military, finance and media. The opposition party block was fragmented and disunited. In Serbia until 2000 there was more continuity than discontinuity with the former one-party system. The democratic illusion was created from the existence of political pluralism, elections and the opposition, who were more active and more effective outside the parliament, but in parliament. It was only in 2000 was occurred in the actual change of government and was started or was attempted the conquest of democracy. Parliamentary elections were held in Serbia as a

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regular in 2007 and 2012 and as extraordinary in 2003 and 2008.

decade , and with a tendency for the future establishment of a system with two relevant parties.

On the sixth elections for the National Assembly of Serbia held at the end of 2003, participated in 32 political parties (coalitions), which voted 58.7% of eligible voters.

MECHANISM FOR ELECTION OF PARLAMENT MEMBERS IN SERBIA

The seventh elections for the National Assembly of Serbia were held in early 2007. Elections preceded the crisis in relations between the ruling parties, the adoption of the new Constitution of Serbia and the changes in the electoral legislation, which was introduced in a natural threshold of 0.4% for the political representatives of national minorities. The election was attended by 26 political parties which voted 60.6% of eligible voters. The next elections for the National Assembly of Serbia held in May 2008. The election was attended by 39 political parties which voted 61.3% of the citizens with right to vote. The eighth elections for the National Assembly of Serbia were held in May 2012. In these elections participated 53 political parties (9 games performed independently, and 44 parties were part of the pre-election coalitions 9), for which voted 57.8% of eligible voters. Election winners were coalitions around the Serbian Progressive Party (SNS) and SPS. After these elections, the number of parliamentary parties has increased by more than two times compared to the elections of 2008. As in previous elections, the SPP again was an important factor in making the parliamentary majority and the coalition government. In late July 2012, it was elected the new government, which had the support of a parliamentary coalition party SNS, SPS and the United Regions of Serbia (URS), as well as the support of the SDA and the Social Democratic Party of Serbia (SDPS). The formation and composition of these governments have had a particular impact of two key factors: previous relationships and experiences between the leaders of the political parties that had the coalition capacity and international support. The party system in Serbia has evolved from a system with a dominant party in the first decade, in multiparty system with four parties in the second

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Election of MPs is announced by the President of the Republic, ninety days before the expiration of the mandate of the National Assembly, so that the election can be completed within the following sixty days. MPs are elected in the Republic of Serbia as one electoral unit, by use of proportional electoral system, by voting for election lists, and by distribution of MPs mandates in proportion with the number of votes that the lists received. The election is conducted by the Republic Electoral Commission and electoral committees. Members of the Republic Electoral Commission and their deputies are appointed for a period of four years, while members of electoral committees and their deputies are appointed for each election. Every able-bodied citizen of the Republic of Serbia who is eighteen years of age and older ,and officially resides in the Republic of Serbia has the right to elect MPs and be elected as MP. No one has the right, on any grounds, to prevent a citizen from voting or force a citizen to vote, to hold him/her responsible for having voted, and to request that a citizen state for whom he/she voted or why he/she failed to vote. Registered political parties, coalitions of political parties, and citizens’ groups are allowed to submit election lists of candidates for MPs. The election list can not include no more than 250 candidates, since this is the number of MPs to be elected. After every third candidate in order (first three places, second three places and so on to the end of the list) the election list must contain at least one candidate of the less represented gender on the list, meaning that the election lists must include no fewer than 33% of candidates of the less represented gender (on the list). The election list is forwarded to the Republic Electoral Commission no later than fifteen days


Electoral and Party Systems

prior to the day of the election. The election list must be accompanied by a minimum of 10,000 court-certified statements of constituents supporting the election list with their signatures. No later than five days before the day of the election, each voter is forwarded the following information: date and time of election, address and number of the polling station where he/she should vote, and the number under which he/she is recorded in the excerpt from the list of voters. On the day of the election, polling stations open at 7:00 in the morning, closing at 8.00 in the evening. During these hours, polling stations must remain open at all times. The voter can vote only for one election list on the ballot. To cast a vote, he/she should circle the sequence number written before the title of the selected election list. Results of the election are announced by the Republic Electoral Commission within a period of ninety six hours from the completion of the voting. Results of the election are announced in “The Official Gazette of the Republic of Serbia”.

2.1

MPs mandates according to their order of presentation, starting from the first candidate on the list. The Republic Electoral Commission allocates the MPs mandates no later than 10 days after the publication of the election results, after which it creates a report on the conducted election and submits it to the National Assembly. On the basis of the report of the Republic Electoral Commission on the conducted election, mandates of MPs are verified at the first session of the National Assembly convened by the Speaker of the previous composition of the National Assembly. The session should be held no later than thirty days from the day of the announcement of final results of the election. The new composition of the National Assembly is constituted when no fewer than two thirds of MPs’ mandates are verified; the mandate of the previous composition of the National Assembly ceases.

Each election list is entitled to the number of mandates that is proportional to the number of received votes. Only election lists that received a minimum of 5% of votes of the total number of voters who had voted are allowed to participate in the distribution of MPs’ mandates. Political parties of national minorities represent the exception; they are allowed to participate in the distribution of MPs’ mandates regardless of the number of votes that they received. Mandates are distributed by use of method of highest quotients (the so-called D’ Hondt system); the total number of votes received by each individual election list is divided by numbers from 1 to 250. Obtained quotients are classified by size, and 250 highest quotients are used. Each election list receives the number of mandates equal to the number of highest quotients (to which the list is entitled) that appear within the 250 highest ones. The candidates on the election list are awarded

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Premise

High

The electoral system creates incentives for parliament members to be accountable to their parties rather than to their constituents.

x

Medium

Argue briefly Parliament member is viewed as a representative of the party. A political party determined and who will sit in the National Assembly and how he will behave.

The election mechanism that includes immediate reelection motivates parliament members to be accountable to their constituents.

The election mechanism that includes immediate reelection motivates parliament members to be accountable to their political party.

Nil

x

In the Republic of Serbia there is a strong connection between parliamentary mandates and political parties. The accountability to the voters entirely dependent on the ideology and behavior of the party to which mandate belongs.

x

Parliament members in Serbia are accountable to their political parties

Officially registered political parties represent the various social expressions in Serbia in an inadequate way.

The election mechanism for prime ministers and their cabinet Yes Parliament grants a vote of confidence to prime ministers to ratify them in their post.

x

If Parliament withdraws confidence from the prime minister, the latter must resign.

x

No

Explain

According to the Law of Government

The upper house participates in the appointment of prime ministers.

x

Republic of Serbia has a unicameral assembly

The upper house participates in the dismissal of prime ministers.

x

Republic of Serbia has a unicameral assembly

If prime ministers govern in a coalition with others, they must substantially modify their government agenda.

x

Because he has a majority

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Electoral and Party Systems

Yes

2.1

No

Explain

Prime ministers have the power to dissolve Parliament and call a general election.

x

President of the Republic of Serbia has the power to dissolve Parliament and call a general election.

If their party does not have majority in the upper house, prime ministers are forced to modify their government agenda.

x

Republic of Serbia has a unicameral assembly.

Legislative Branch in Republic of Serbia is unicameral.

Premise

Yes

The electoral system creates incentives for Parliament members to be accountable to their parties rather than to their constituents.

x

According to the election mechanism, immediate reelection motivates Parliament members to be accountable to their constituents.

According to the election mechanism, immediate reelection motivates Parliament members to be accountable to their political party.

No

Parliament member is viewed as a representative of the party. A political party determined and who will sit in the National Assembly and how he will behave. x

x

Explain

In the Republic of Serbia there is a strong connection between parliamentary mandates and political parties. The accountability to the voters entirely dependent on the ideology and behavior of the party to which mandate belongs. Parliament members in Serbia are accountable to their political parties

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ELECTORAL CALENDARS The Serbian parliamentary election, 2012 was held on 6 May 2012 to elect members of the National Assembly. The parliamentary elections were held simultaneously with provincial, local, and presidential elections, but not in the territory of Kosovo and Metohija, thus the voters for the first time since 1992, leaving the general election.

The election was called following President Boris Tadić’s early resignation in order to coincide with the parliamentary and local elections to be held on the same date. The Speaker of the Parliament, Slavica Đukić Dejanović, took over as the Acting President. As no candidate won a majority, a runoff was on 20 May, with incumbent Tadić facing Tomislav Nikolić of the Serbian Progressive Party.

The electoral calendar for the election of the president Election date

Inauguration date

Official starting date for the election campaign

Next term Election date First ballot

Next term Election date Second ballot

Inauguration date of the new Executive

06.05.2012.

11.06.2012.

05.04.2012.

May-Jun 2017

Jun 2017.

Jun-July 2017.

Presidential term at the time of the development of the political map and the Advocacy project Stage of the presidential term at the time of the political mapping

Stage of the presidential term throughout the implementation of the Advocacy project

Beginning of the term Between the first quarter and first half of the term Midterm

X

Between the first half and third quarter of the term End of the term

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X


Electoral and Party Systems

2.1

The electoral calendar for the election of the parliament Election date

Swearing-in date

Official starting date of the election campaign

Next elections Election date First ballot

Next elections Election date Second ballot (If applies)

Swearingin date for the new Parliament

06.05.2012.

31.05.2012.

05.04.2012.

May-Jun 2016

Jun 2016

June-July 2016

Stage of the parliamentary term at the time of the creation of this political map. Beginning of term

First quarter

President or head of state Prime ter

minis-

Parliament

Midterm

Third quarter

End of term

x x x

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2.2 IDEOLOGICAL STANCE, SOCIAL DOCTRINE AND CITIzEN REPRESENTATION

The last elections in Serbia, held in March 2014 have resulted with an overwhelming victory of a coalition centred on Serbian Progressive Party (SNS), taking 48.35 per cent of all the votes. The government formed after the elections is lead by this coalition with the biggest partner being a coalition centred on Socialist Party of Serbia (SPS), their partner from the previous government.

At the same time, the parties who were comprising opposition in the previous parliament have either managed to get a notably smaller number of seats (Democratic Party – DS, that got split into two parties, DS and New Democratic Party winning, both winning almost equal number of seats) or have not even managed to get into the parliament (notably Democratic Party of Serbia – DSS, and Serbian Radical Party – SRS that are now leading forces of extra-parliamentary opposition). The remaining parliamentary parties represent ethnic minorities. Considering the small number of parties having actual power in Serbia at the moment, here is the breakdown of their political and social stances:

Political party

Political ideology

Social doctrine

SNS (Serbian Progressive Party)

Politically SNS takes dead centre with strong proclamations in relation to both national and social issues and equally balanced views on economy. In its programme SNS talks about harmonising Serbian policies with EU policies regarding economy but it puts more emphasis on making the public sector more efficient/ less bloated and less prone to corruption than on minimising state ownership in business. In their programme they explicitly state that privatising some of the strategic business in Serbia is not a priority (but making it more efficient is) while talking about building “a system of [free] market economy based on competition, efficient governmental regulation and developed economic and industrial democracy”.

SNS is, similarly to its political stance, close to the centre regarding social doctrine, with priorities being universal education and respect of human rights, but leaning to the conservative side with its hard stance on illicit drugs (its programme talks about “total war on drugs”) and it stance on population politics where “giving birth and preserving children is imperative”.

SPS (Socialist Party of Serbia)

SPS has a clear left leaning in its political ideology, with their programme claiming that “Democratic socialism strives to end capital’s reign over labour”. They respect private property but insist that business owners preserve positions and maintain levels of employment upon privatisation of public companies. They are however “opposed to centralisation and etatisation of economy”.

Socially, they also lean to the progressive side with priorities being protecting the population (from illness, poverty, discrimination etc.), ensuring education for all and motivating young people to start families.

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Ideological Stance, Social Doctrine and Citizen Representation

2.2

Political party

Political ideology

Social doctrine

DS (Democratic Party)

Politically DS belongs to the right, but near the centre, championing private property and reduced governmental influence on economy in their programme.

Socially, DS prioritises solidarity and tolerance, wanting institutions to be built to harmonise differences, not erase them.

SDS (Social Democratic Party – formerly New Democratic Party)

Having come into existence as an offshoot of the Democratic Party (DS), SDS is fairly close to its programmatic values but somewhat more favourable to governmental regulation of economy. In its programme it speaks about reducing public sector but in order to make to more efficient in handling foreign investments and transformation of property. They however do speak explicitly about the need to have media privatised as quickly as possible. Its main coalition partner, League of Social Democrats of Vojvodina is manifestly on the democratic left with respect for free market economy but support to unions and socially responsible government, according to their programme. However it is important to note that LSDV is a regional party and is focused more on Vojvodina and its identity, economy and politics than on national issues (unless they reflect directly on the region, such as the stipulation that the Budget of Vojvodina is 7% of the national budget - despite the fact that, as they claim Vojvodina feeds the national budget up to 3040% through taxes).

SDS has explicit references to gender equality in its programme and talks about improving women’s education, employment and participation in public matters. At the same time, they have the usual references to the need to increase birth rate, support to families with more children, better legal and institutional protection of pregnant women and mothers etc. They support mandatory national medical insurance for all employees. League of Social Democrats of Vojvodina, prioritises gender equality, education, ending discrimination etc.

SVM (Alliance of Vojvodinian Hungarians)

As a national minority party, SVM belongs to the centrist left in relation to economy, with clear statements in their programme about the government’s duty to protect, direct and control economy, but also about creating conditions for small business to thrive.

SVM’s social doctrine is centrist with prioritising universal education but putting hard emphasis on national values.

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

As most other parties above, SDA in its programme supports governmental regulation of economy but also asks for reduced taxes and other obligations for private business.

SDA takes a rather conservative stance in its social doctrine, citing women as the key factors in preserving family as the bedrock of moral values of the society.

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Political party

Political ideology

Social doctrine

PDD (Party for Democratic Action)

Programme of this party, representing ethnic Albanians as a minority in the parliament is unavailable to the public.

Political Spectrum Party

Radical Right

Moderate Right

Centre

SNS (Serbian Progressive Party)

X

SPS (Socialist Party of Serbia)

X

DS (Democratic Party)

Moderate Left

Radical left

X

SDS (Social Democratic Party – formerly New Democratic Party)

X

SVM (Alliance of Vojvodinian Hungarians)

X

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

X

PDD (Party for Democratic Action)

N/A

Social doctrine spectrum Party

Radical Conservative

Moderate Conservative

Neutral

SNS (Serbian Progressive Party)

X

SPS (Socialist Party of Serbia)

X

DS (Democratic Party)

X

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Moderate Progressive

Radical Progressive


Ideological Stance, Social Doctrine and Citizen Representation

Party

Radical Conservative

Moderate Conservative

Neutral

SDS (Social Democratic Party – formerly New Democratic Party)

X

SVM (Alliance of Vojvodinian Hungarians)

X

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

X

PDD (Party for Democratic Action)

N/A

The issue with the political spectrum in Serbia, at least with the parties in the parliament and the leading extra-parliamentary parties is that most of the delineation has less to do with traditional notions of left and right/ conservative and progressive and more to do with matters of ethnic identities and attitudes towards national histories in modern geo-political context. Most of the parties can be described as hovering near the centre in relation to business ownership, government regulation and redistribution of wealth and there the differences between the biggest players are almost negligible. All of them are explicitly favouring free market economy but with significant governmental regulation present. Some of the biggest strategic resources in Serbian economy (telecommunications, energy, transport) are still state-owned and there is ongoing discussion in Serbian public space about pros and cons of privatising them with none of the parties currently in the office (or having spent time there recently) making a strong statement either way. The known liberal arguments about private business being more efficient and the presumed benefits of free-market approach in managing large national enterprises have their spot under the sun but are countered by the fact that state-owned companies in several cases generate decent revenue that contributes to national budget and all political parties are very much aware of a clear benefit of this model when faced with repeated budget deficit year upon year. There are some

Moderate Progressive

2.2

Radical Progressive

slight deviations from the centrist views, at least in terms of parties’ political programmes (DS references minimal government and privatised business in their programme, leaning slightly to the right, while SVM explicitly mentions regulated market, leaning slightly to the left), yet these are mere cosmetics because almost all the parties analysed here have the same attitude towards capital, business ownership, redistribution of wealth and regulation of market, as exemplified by the fact that they have all at one point or another been part of the government in the last several years and the economy policies have stayed largely the same. The delineation between parties has more to do with how they position themselves in relation to national conflicts in ex-Yugoslavia during the nineties, in relation to the issues of Kosovo independence and a host of demographic, economical, social and other problems related to it, in relation to the conflict between Russia and EU/ USA etc. This is where the real political clashing seems to be taking place which, as many analysts agree, means that ideologies in the traditional sense of the word mean very little to the parties in Serbia, with values expressed through their programmes not being visibly expressed in their policies. Thus, parties with very traditionalist mindset that should be recognised as defenders of social elites end up using socialist rhetoric of workers’ solidarity and social justice, while those

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with social democratic backgrounds end up defending staunchly neoliberal moves in economy. To illustrate the extent to which ideological foundation is of little significance to parties and their voters alike: out of seven parties analysed in this exercise, all of them parliamentary parties at this moment, one does not have its programme available to the public (no Serbian language version and no version available online) and another did not even have a programme as an adopted document or public draft at the time of elections. This is equally true for the social doctrine. As a rule, gender politics do not feature heavily in the parties’ programmes as most of them have practically the same references to gender equality, protection of family and incentivising birth rate in their documents. There is a widespread perception (among citizens and political parties alike) that birth rate in Serbia is extremely low – due to the high median age of the population – even though in reality it is very near the European average and when it comes to reproductive health issues, almost all the parties talk about the need to ensure more live births, repopulation of rural areas through incentivising migration of families back from urban areas and providing benefits

for families with more children. Again, gender policies (or rather practices) of parties in Serbia depend more on whether they feel closer to EU or Russia on the ideological scale and with the EU accession process taking momentum, even parties perceived as more pro-Russian will make progressive statements. The first truly successful Pride March in Belgrade was held in 2014 with the parties listed above in power, getting strong police protection and even presence of some members on the government but none of the government representatives chose to speak to the public during the march. In other words – supporting the march was a matter of getting a good progress report from the European Commission and demonstrating institutional power rather than a demonstration of dedication to human rights, understanding gender issues and equal treatment of minorities. In short, major political actors in Serbia have weak ideological foundation and their stances on gender issues, sexual rights and reproductive health have more to do with traditional understanding of these topics, regardless of their position on the ideological spectrum, while their practices depend on the current political priorities.

Representation of Citizens: Sector and priority Party

High

Medium

Low

SNS (Serbian Progressive Party)

Middle class families with average income, unemployed members of middle and working class, moderate pro Russian and moderate pro EU population at the same time, academics working at private universities

Small and medium business owners, advocates of market liberalisation, employees of public institutions

Bigger business owners, academics working at public universities, progressive academics interested in gender politics, progressive and leftist youth, hardcore traditionalists and hardcore pro Russian population, law professionals

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Ideological Stance, Social Doctrine and Citizen Representation

2.2

Sector and priority Party

High

Medium

Low

SPS (Socialist Party of Serbia)

Working class, pensioners, middle class families with average income, parts of progressive youth close to communist or social-democratic philosophies, employees of public institutions

Bigger business owners, Small and medium business owners, moderately pro Russian population, moderately pro EU population,

Academics working at public universities, advocates of market liberalisation, hardcore traditionalists and hardcore pro Russian population

DS (Democratic Party)

Moderate pro EU population, medium and small business owners, big business owners, progressive academics, progressive youth, middle class families with average income, unemployed middle class,

Hardcore pro EU population, working class, academics working at private universities

Hardcore pro Russian population, conservative academics,

SDS (Social Democratic Party – formerly New Democratic Party)

Moderate pro EU population, medium and small business owners, big business owners, progressive academics, progressive youth, middle class families with average income, unemployed middle class,

Hardcore pro EU population, working class, academics working at private universities

Hardcore pro Russian population, conservative academics,

SVM (Alliance of Vojvodinian Hungarians)

Ethnic Hungarians in Serbia, Hungaria nationalists, moderate pro EU population, small and medium business owners

Progressive academics and youth, middle class families, hardcore pro EU population, big business owners

Hardcore pro Russian population, conservative academics

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

Ethnic Bošnjak population, Bošnjak nationalists, religious population (mostly but not exclusively Muslims) , small and medium business owners, working class

Moderate pro EU population,

Moderate and hardcore pro Russian population, progressive and conservative academics

PDD (Party for Democratic Action)

Ethnic Albanian population, Albanian nationalists, moderate pro EU population

Middle and working class families, Roma population

Moderate and hardcore pro Russian population, conservative academics

Mapping Political Context

65


2.

Understanding the political context

Party

U r ban A

U r ban B

U r ban C

U r ban D

Semi U r ban A

Semi U r ban B

Semi U r ban C

Semi U r ban D

Rur al A

Rur al B

Rur al C

Rur al D

SNS (Serbian Progres sive Party)

M

H

H

M

M

H

H

M

M

H

L

L

SPS (Socialist Party of Serbia)

M

H

H

M

M

H

H

M

M

H

L

L

DS (Democratic Party)

H

H

H

M

M

H

H

M

M

H

L

L

SDS (Social Democratic Party – formerly N e w Democratic Party)

H

H

H

M

M

H

H

M

M

H

L

L

SVM (Alliance of Vojvodinian Hungarians)

M

M

H

M

H

H

H

M

H

H

M

L

S D A S an d Ĺž a ka (Party of Democratic Alternative of SandĹžak)

L

M

M

M

H

H

H

M

M

M

M

L

P D D (Party for Democratic Action)

L

M

M

M

H

H

H

M

M

M

M

L

The fact that ideological basis for practically all parties in parliament at the moment has little to no bearing on the decisions they make in creating policies is reflected in the fact that voting on the elections has little to do with their proclaimed ideological values. On the contrary, citizens tend to vote basing their preferences on pragmatic issues as perceived through media and public discourse. Thus, for instance, the winning parties in the 2008 elections have all proclaimed joining the EU as their biggest priority and so in the next elections, those of their opponents who

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Mapping Political Context

used to have staunchly anti-EU attitude but have now referenced EU accession as a priority managed to become part of the ruling majority. The EU accession has therefore replaced references to preservation of Kosovo and Metohija as part of Serbia which was previously a frequently mentioned priority among almost all of the parties. The perception among voters that joining the EU will improve the economy, employment, social policies and stability has attracted even those parties who have been vehemently anti-EU, with those still keeping the anti-EU attitude suffering


Ideological Stance, Social Doctrine and Citizen Representation

defeat in subsequent elections. However, being pro-EU on words does not necessarily translate into action: Serbia has been a candidate state since March 2012 and yet the acquis scanning process has only started in mid 2014 with none of the chapters being even opened as of January 2015. Likewise, regardless of their ideological basis, all of the parties in the parliament at the moment have made strong statements regarding eradication of corruption, improving efficiency of public sector and creating supportive social policies for large parts of population affected by unemployment, unfair and unlawful employers’ treatment, poverty, irresponsible management of the public pension fund etc. However, those parties who have controlled the previous government (now in opposition) have been responsible for creation of market monopolies (or near-monopolies), for suspicious privatisation of public companies and bad management of those remaining public, for favouring financial sector over citizens’ rights etc. whereas those now in power have reduced social support for certain categories of population (for instance, cancellation of financial support provided by the town of Belgrade to each young mother living at its territory) and, as a saving measure reduced pensions for all pensioners save the poorest ones (because the pension fund is part of the national budget). At the same time, the worker’s rights have been reduced through amendments of the labour law, making layoffs easier with smaller compensation for those let go. Therefore, there are actually weak links not only between the ideological platforms of parties and their policies once they are in power, but also between the pre-election campaigns and post-election policies. Apparently, many voters support certain parties based of belief that this will provide them with concrete personal gain (employment of a family member, financial support) or just follow the parties’ leaders regardless of whether their current political platform shows any consistency with their ideological or professional history. As it is, the party such as SDS has managed to win 18 seats in the parliament despite having no official programme on the day of elections, due to the fact it was lead by the ex president of Serbia, while one analysis shows that without the current prime minister of Serbia

2.2

leading the biggest party – SNS – 80% of their voters would not be voting for this party. The fact that the programmes of virtually all parties currently in the parliament have interchangeable stances on economy (free market but with governmental intervention), social policies (education for all, protection of families, support to vulnerable groups) and even foreign policy (proEU with slight differences in which other partners in the east are recognised as primary) is not a sign of ideological harmony but rather demonstrates low value of ideology to both political parties and voters on Serbia. All parties try to cater to all population groups in their public communication, supporting both a more liberal economy and more responsible social security practices, promising better environment for foreign investments and reduction of bureaucratic apparatus while increasing both taxes and the number of employees in public sector etc. In terms of reproductive health, sexual rights and gender issues, all political parties try to play it safe with references to core-family as one of the most treasured values of a healthy society and women as important participants in strategic efforts to rejuvenate the nation. There are no references to family planning, choice or protection (save for protection from infections) and no references to sexual minorities, their rights or gender politics between the basest gender equality that recognises males and females as broadly equal. The decisions regarding policies and practices are often made in places of power within or outside of the elected government with little or no relation to proclaimed values or, indeed, voters’ expressed preferences (e.g. reduction of pensions or, indeed, support to Belgrade Pride March which was even communicated as an uncomfortable concession to the EU). A successful lobbying campaign regarding National SRH Strategy needs to take into consideration this highly centralised way of making decisions and creating policies and be aware that centralised decision-making practice does not guarantee smooth implementation of decisions made.

Mapping Political Context

67


2.

Understanding the political context

2.3 BALANCE OF POwER Executive power: president and head of state Presidential elections 2012

First Ballot Party

Candidate

Total votes

Per cent of votes

DS

Boris Tadić

989454

25.31

SNS

Tomislav Nikolić

979216

25.05

SPS

Ivica Dačić

556013

14.23

DSS

Vojislav Koštunica

290861

7.44

G17

Zoran Stanković

257054

6.58

LDP

Čedomir Jovanović

196668

5.03

SRS

Jadranka Šešelj

147793

3.78

Dveri

Vladan Glišić

108303

2.77

SVM

Ištvan Pastor

63420

1.62

PRS

Zoran Dragišić

60116

1.54

Independent candidate

Muamer Zukorlić

54492

1.39

Social-democratic Alliance

Danica Grujičić

30602

0.78

The number of listed voters: The number of participating voters: The percent of participating voters:

6770013 3911136 57.77%

Second Ballot: Party

Candidate

Total votes

Per cent of votes

DS

Boris Tadić

1481952

47.31

SNS

Tomislav Nikolić

1552063

49.54

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Mapping Political Context


Balance of Power

The number of listed voters: The number of participating voters: The percent of participating voters:

6771479 3133682 46.28%

As demonstrated above, the two leading candidates from the first ballot have entered the second ballot with less than one percent difference in voters’ support. The leading candidate, Boris Tadić already had two consequent terms in the office and was running for the third whereas for Tomislav Nikolić this was the third time as candidate for Serbian presidency (although he was running for Yugoslav presidency in 2000). While the current president usually has advantage over other candidates, the economic crisis starting in 2008, the somewhat controversial change of

2.3

legislation to allow for the third consequent presidential term and the widespread accusations of abuse of power have weakened Tadić’s position. Two decisive factors in Tadić’s defeat and Nikolić’s victory were Tadić’s loss of support of the traditional voters among progressive, urban and intellectual population (due to the abovelisted reasons) and the weakening of support for Tadić coming from EU and US embassies. Upon Nikolić’s inauguration, he publicly left his party (as promised beforehand), demonstrating a clear difference from his opponent who remained president of his party during two terms in the office, proclaiming that this shows his dedication to being a president of all Serbian citizens and withdrawing from having overt influence over executive branch of government.

Parliamentary elections 2014: The parliament: Party

Total Seats

SNS (Serbian Progressive Party)

158

SPS (Socialist Party of Serbia)

44

DS (Democratic Party)

19

SDS (Social Democratic Party – formerly New Democratic Party)

18

SVM (Alliance of Vojvodinian Hungarians)

6

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

3

PDD (Party for Democratic Action)

2

Total

250

Mapping Political Context

69


2.

Understanding the political context

Serbian parliament has had only one chamber since being established in 1990. The current balance of power in it has been largely attributed to popularity of the SNS president and current prime minister Aleksandar Vučić, by analysts and journalists. Mr. Vučić has the rating higher than any person or institution in Serbia at the moment (surpassing otherwise untouchable Serbian Orthodox Church), as high as Slobodan Milošević had way back in 1990. His popularity grew rapidly during the previous government where his party had a majority but due to political trading, the prime minister’s position went to SPS. Mr. Vučić was the most popular minister in that government and most of the executive decisions during their mandate were traced back to him or at least attributed to him – from choices for certain ministers, to high profile arrests of famous businessmen. Therefore in 2014, with his

and his party’s rating higher than ever, Mr. Vučić made a decision to go for early elections so that the factual status of the government can be formalised. The coalition spearheaded by his party won 158 seats in the parliament (with 48.35 of all the votes) 131 of which went directly to SNS. Since then, the government has had several unpopular decisions but the rating of the party and the prime minister/ president of the party has not declined much. However, a recent agency survey determined that as many as 80% of SNS voters would not be voting for them if Mr. Vučić was not their leader. Serbian parliament has “parliamentary boards” in place of committees, each has 17 members and there are three of these boards relevant to the Advocacy issue:

Second Ballot: Board for human and minority rights and gender equality Party

Number of parliament members

SNS

7

NS (in coalition with SNS)

2

DS

1

SDS (former NDS)

2

PUPS (in coalition with SPS)

1

LSV (in coalition with SDS)

1

SVM

1

SPS

1

SDA – Sandžak

1

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Mapping Political Context


Balance of Power

2.3

Board for education, science, technology and informatics society Party

Number of parliament members

SNS

8

DS

1

SDS (former NDS)

2

PUPS (in coalition with SPS)

1

LSV (in coalition with SDS)

1

SVM

1

SPS

2

PDD

1

Board for health and family Party

Number of parliament members

SNS

10

SPO (in coalition with SNS)

1

DS

1

PUPS (in coalition with SPS)

1

LSV (in coalition with SDS)

1

SVM

1

SPS

2

There is a clear majority for SNS and their coalition in all the relevant parliamentary boards.

Mapping Political Context

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2.

Understanding the political context

Balance of power, unitary form of government, provincial level: Number of seats in the provincial parliament: Province

SNS

SPS

DS

SVM

LSV

SRS

DSS

Vojvodina

23

12

59

7

10

5

4

Having been organised in 2012, in parallel with national elections, the results of elections for the parliament of the Autonomous Province of Vojvodina have been slightly less in favour of SNS due to the traditionally strong position of DS in the province. Being the economically and socially most advanced part of the country and historically closer to western than Russian influences, Vojvodina is currently the only part of Serbia where SNS does not enjoy overwhelming power. This however is likely to change in not so far future. SNS won with a landslide at national

parliamentary elections in 2014, taking 48.35 per cent of all the votes and ever since they have been taking cities in Vojvodina via restructurings of local governments (former allies of DS or other parties now siding with SNS and forming new local governments), including the capital of Vojvodina, Novi Sad. Over the past ten months there have been many references by SNS and political analysts close to them to the need to have early elections in Vojvodina which would lead to “realistic� balance of power in the province.

Balance of power analysis: summary This table includes all political parties (SNS, SPS and SDS represent their respective coalitions) featured in national and provincial parliaments, the degree of their political power and their affinity with the Advocacy issue.

Party

Degree of political power

Degree of affinity with the advocacy issue

Grounds

SNS (Serbian Progressive Party)

Highest

Very low

SNS is balancing between progressive and conservative stances in its public communication, however as almost all other parties in Serbia they frequently refer to the importance of supporting families and natural reproduction. Moreover, in practice, the new government in Serbian capital, Belgrade, spearheaded by SNS has cancelled financial support to young mothers provided in previous years by governments lead by DS on the grounds of necessary savings.

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Balance of Power

2.3

Party

Degree of political power

Degree of affinity with the advocacy issue

Grounds

SPS (Socialist Party of Serbia)

High

Very low

SPS makes very few references to reproductive health in their public addresses except for the broadest ones related to the need to increase birth rate. Their president (and current Foreign Minister) has in a speech addressing the UN General Assembly in 2014 mentioned reproductive health as a priority area.

DS (Democratic Party)

Low

Low

No meaningful stance on reproductive health beyond mentioning the need to have healthy families. However, the Autonomous Province of Vojvodina where DS is the governing party has had meaningful (and progressive) projects related to reproductive health

SDS (Social Democratic Party – formerly New Democratic Party)

Low

Very low

No references to Reproductive health at all

SVM (Alliance of Vojvodinian Hungarians)

Low

Medium

This party has made references to Reproductive Health and supported the projects in Vojvodina dealing with the issue.

SDA Sandžaka (Party of Democratic Alternative of Sandžak)

Low

Very low

Focus on family, women as bearers of an important role in increasing birth rate

PDD (Party for Democratic Action)

Low

N/A but likely very low

This party makes almost no public addresses unrelated to regional political issues of national identity

SRS (Serbian Radical Party)

Lowest

Nil

This party is explicitly advocating governmental activity with families that lead to increase of birth rate

DSS (Democratic party of Serbia)

Lowest

Nil

Similarly, this party advocates regulation that will incentivise more live births per woman.

Mapping Political Context

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2.

Understanding the political context

At the moment the balance of political power in Serbia is such that one party has almost unprecedented rating and voters’ support. The support for SNS has been increasing since 2012 (with wins in presidential and parliamentary elections) and has hit the historical maximum in 2014 with 48.35 per cent of voters voting for the coalition led by SNS and them now controlling 158 out of 250 seats in the national parliament. The party has achieved this primarily through promises of reforms that will eliminate corruption, facilitate foreign investments, reduce unemployment, reduce the size of public companies and at the same time take good care of social politics as not to expose vulnerable groups to increased risk of poverty, unemployment, discrimination etc. SNS has also had and still enjoys decent support by representatives of EU and USA with repeated praises for brave reformist policies although one could argue that this is in a significant part a result of the current government having a notably softer position on the Kosovo independence. With a heavily centralised political decision-making environment (as mentioned, since SNS’s wins in elections 2012 and 2014, many cities and municipalities in Serbia have seen their local governments changed without elections due to parties swarming to support SNS and form new governments with them) and a notable disregard for programmatic ideology of all the parties, including SNS, advocacy efforts should probably be targeting the leading personalities of SNS and affiliated parties (SPS as well as parties in their respective coalitions) mindful of the fact that there is strong belief among all notable political actors in Serbia that low birth rate is the cause of Serbian population ageing and that it is governmental duty to increase birth rate.

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3. Key actors

3.1 POLITICAL ACTORS

EXECUTIVE BRANCH KEY ACTORS Relevant factors that significantly affect the Advocacy issues which advocates SRH Serbia are political actors who have the power to create and modify policies. How the process of initiating changes and impact on significant issues creates and comes predominantly by the executive branch respectively government that establishes and operates a policy of countries, subject of this analysis will be ministries and key stakeholders within the ministries that implement government policy. The most important ministries whose work is relevant to the subject of advocacy are the Ministry of Health and Ministry of Labour Employment and Social Affairs, Veterans.

Ministry of Health Area

Post

Political Actor

Decision Level

Decision Resources and Power

Minister’s Office

Minister

Zlatibor Lončar

Top management

Political, technical, financial, human, material

Minister’s Office

Chief of cabinet

Nikola Pandrc

Top management

Political, technical, financial, human, material

Minister’s Office

Special Advisers

Dragana Jovanović, Milena Radojčić

Top management

Political, technical, financial, human, material

Mapping Political Context

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3.

Key actors

Area

Post

Political Actor

Decision Level

Decision Resources and Power

Minister’s Office

Secretary of State

Vladimir Đukić, Ferenc Vicko, Berislav Vekić

Top management

Political, technical, financial, human, material

Secretariat of the Ministry

Secretary of the Ministry

Nataša Gudović

Senior ment

Manage-

Technical, human, operational

Health service organization sector

Head of Sector (Assistant minister)

Tatjana Rajović

Senior ment

Manage-

Technical, human, operational

Health insurance sector

Head of Sector (Assistant minister)

Nikola Pavić

Senior ment

Manage-

Technical, human, operational

Sector for public health and programmed healthcare

Head of Sector (Assistant minister)

Dragana Vukanić

Senior ment

Manage-

Technical, human, operational

Sector for European integrations and international cooperation

Head of Sector (Assistant minister)

P r e d r a g Sazdanović

Senior ment

Manage-

Technical, human, operational

Sector for medications and medical devices, controlled psychoactive substances and precursors

Head of Sector (Assistant minister)

Dejan Kostić

Senior ment

Manage-

Technical, human, operational

Inspection operations Sector

Head of Sector (Assistant minister)

Zoran Panajotović

Senior ment

Manage-

Technical, human, operational

Department Biomedicine

of

Head of Sector (Assistant minister)

Nenad Milojičić

Senior ment

Manage-

Technical, human, operational

The Internal Audit Group

Head of Sector (Assistant minister)

Senior ment

Manage-

Technical, human, operational

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Mapping Political Context


Political Actors

Dr. Zlatibor Lončar, Minister of Health of the Republic of Serbia He was born on 03.08.1971 in Belgrade. He graduated from the Faculty of Medicine, University of Belgrade in 1996/97, with an average score of 8.50. During his study, he was involved in a number of scientific research papers which he presented on congresses of students of medicine and dentistry in the former Yugoslavia. He conducted the internship as a volunteer at the Clinical Center of Serbia, during 1997/98, and passed the exam with flying colors. His specialization in general surgery began in 1998 on the Faculty of Medicine, University of Belgrade, and he passed the specialist exam in 2003 with flying colors. In 2008, he began his doctoral studies in the field of medical epidemiology at the Faculty of Medicine, University of Belgrade, and he is currently working on writing a doctoral dissertation. During his career, he participated in the preparation of multiple scientific papers, as author and co-author. He finished the specialized course in hepatobiliary surgery in 2001 at Hammersmith Hospital in London, where he also had advanced training in 2006. At the University of King’s College in London he completed the specialized course in transplan-

3.1

tation surgery in 2011, and in 2012/2013 he had advanced training in the field of liver transplant surgery at CHC Merkur in Zagreb. He was appointed as the clinical assistant for the subject of surgery, on the Faculty of Medicine, University of Belgrade, in 2012. He is employed at the Clinic for Emergency Surgery, Emergency Center, at the Clinical Center of Serbia, and since 2010 he was appointed as the head of the Intensive Care, in the Department of Surgery I. He performed the function of the Director of the Emergency Center, Clinical Center of Serbia, and the Assistant of the Director of Clinical Center of Serbia for medical issues, since August 2012. He was appointed as the chief of the Department of transplantation in 2013. During the performance of the function of the Director of the Emergency Center, Clinical Center of Serbia, he formed the Department for liver transplantation and led the team that performed the first liver transplant in the Emergency Center. He founded the Cancer multidisciplinary consilium, formed the Department for voluntary blood donation and Trauma Center in the Emergency Center in Kopaonik. He contributed to the purchase of necessary medical equipment in the Emergency Center.

Ministry of Labour, Employment and Social Affairs, Veterans Area

Post

Political Actor

Decision Level

Decision Resources and Power

Minister’s Office

Minister

Aleksandar Vulin

Top Management

Political, Technical, Financial, Human, Material

Minister’s Office

Chief of cabinet

Top Management

Political, Technical, Financial, Human, Material

Minister’s Office

Secretary of State

Top Management

Political, Technical, Financial, Human, Material

Aleksandra Stojanović,Laslo Čikoš, Dragan Popović, Negovan Stanković, Nenad Ivanišević

Mapping Political Context

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3.

Key actors

Area

Post

Political Actor

Decision Level

Decision Resources and Power

Assistants Minister

Assistants Minister

ZdravkaMilenković, ZoranLazić, Ljiljana Dzuver, Zoran Milošević, Branka Gajić, Vladimir Pešić, Snežana Baćanović, Milan Popović

Senior ment

Manage-

Operational, technical,human, financial, material

Department for International Cooperation and European Integration Projects

Head of Sector

Senior ment

Manage-

Technical, financial, human, material

The Internal Audit Group

Head of Sector

Top Management

Technical, financial, human, operational

Group on Public Procurement and Legal Affairs

Head of Sector

Top Management

Technical, human, operational, material

Department Work

for

Head of Sector

Top Management

Technical, financial, human, operational

Employment Sector

Head of Sector

Top Management

Technical, financial, human, operational

Sector for pension and disability insurance

Head of Sector

Top Management

Technical, financial, human, operational

Sector for family care and social protection

Head of Sector

Top Management

Technical, financial, human, material

Sector for veteran

Head of Sector

Top Management

Technical, financial, human, operational

Sector for protection of persons with disabilities

Head of Sector

Top Management

Technical, human, material, operational

Sector for development affairs and planning

Head of Sector

Top Management

Technical, financial, human, material

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Mapping Political Context


Political Actors

Area

Labour torate

Post

Political Actor

3.1

Decision Level

Decision Resources and Power

inspec-

Head of Sector

Top Management

Technical, financial, human, material, operational

Sector for safety and health at work

Head of Sector

Top Management

Technical, financial, human, material

Aleksandar Vulin, Minister of Labour, Employment and Social Affairs, Veterans He was born in 1972 in Novi Sad. He graduated from the University of Novi Sad. He was assistant director of marketing in “Super pres” from 2000 to 2002. After that, he was director of marketing at the company “Color Press” from 2003 to 2007 and Deputy General Director of “Color Media International” from 2007 to 2012. He was managing editor of the weekly “Pečat” and a columnist in several daily and weekly newspapers. He was elected as a councilor in the municipality of Zemun, councilor at the City Hall, as well as a deputy in the National Assembly of the Republic of Serbia. As a director of the Office for Kosovo and Metohija was elected in August 2012. This function was performed until September 2013, when he was appointed minister without portfolio in charge of Kosovo and Metohija. In this capacity he has until April 2014. The founder of the Yugoslav Left, which he left in 1998, when he held the position of deputy president. Socialist Party of Serbia joined the Sixth Congress and on this occasion he was elected member of the Executive Committee. From SPS retired in 2007 and academician Mihailo Marković formed Socialist Movement, which was still president.

Assistants Ministries at Ministry of Labour, Employment and Social Affairs, Veterans Ljiljana Džuver Born in Belgrade in 1960. She graduated from the Faculty of Law in Belgrade in 1983. and passed the bar exam in 1987. Over 25 years of professional experience in the field of labor, employment, business, private and public, state sector. More than 20 years of experience in managerial positions (Deputy Minister, Deputy Director of the Branch NES in Belgrade, chief of staff of the NES, Chief and Assistant Director of the company, etc.). Extensive experience in coordinating and managing projects on the site of the project manager / director of management units, namely: SIDA “Labour Market Institutional Capacity Building in the Republic of Serbia” 2004-05, the World Bank, “Employment Promotion Project” 200506, UNDP “Severance to job “project 2007-08, as well as project leader with the user in the twinning project” Support to the development of national employment policy “07 IPA 2008-10, and” Preparation of labor market institutions for the implementation of the European employment Strategy “11 IPA 2012-14 . From September 2008 to July 2012..the position of Assistant Minister in the Ministry of Economy and Regional Development in charge of the area

Mapping Political Context

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3.

Key actors

of employment. Since July 2012.Assistant Minister in the Ministry of Labour, Employment and Social Policy in the field of employment. Since October of 2009.appointed as Head of the Operating Structure for IPA Component IV “Human Resource Development” in Serbia and all the while actively participate in the management of the programming process and to prepare the institutions that make up the operating structure for obtaining accreditation for decentralized management. Since May of 2011. Representative of Serbia to the Working Group on Priority Area 9 “Investing in people and skills” in the implementation of the EU Strategy for the Danube Region and actively participate in its work. zoran Milosevic Born in Presevo, 13 August 1957. He graduated from the Faculty of Law (Judicial Department) in Skopje, 1983. From December 1985 to May 1987 he was employed in: VETPROM, Belgrade, MEDIFARM, Belgrade and INVEST Bank, Belgrade. Since November 1987 he has been employed in the Republican self-managed communities of interest for pension and disability insurance of working people who self-employed personal work (later Republic Fund for Pension and Disability Insurance independent activities, and from January 01, 2008 in the Republic Fund for Pension and Disability insurance). During this period he performed tasks: deciding on the rights of pension and disability insurance; control solutions on the rights of pension and disability insurance and Head of the Department of solving the rights to pension and disability insurance. Since October 1997, he served as the Director of the Branch for the City of Belgrade, the Republic Fund for Pension and Disability Insurance independent activities, and from 01 January 2008 as the Director of the Service and branches in Belgrade, Republic Fund for Pension and Disability Insurance. He dealt with the legal aspects of the implementation of a national system of pension and disability insurance. In addition, performing tasks related to the implementation of international

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agreements on social security in the part related to pension and disability insurance and the conclusion of administrative agreements for the implementation of those treaties, as well as establishing bilingual forms for implementation. He participated in the negotiations of the competent authorities and bodies discussions Liaison (SR Yugoslavia and the State Union of Serbia and Montenegro) in the area of pension and disability insurance in connection with the conclusion of international agreements on social security and administrative agreements on their implementation, as well as determining the appropriate bilingual forms implementation of these agreements. Vladimir Pešić Born in Belgrade in 1968. He graduated from the Faculty of Special Education and Rehabilitation in Belgrade in 1993. He speaks English. Over 19 years of professional experience in the area of improving the status and protection of the rights of persons with disabilities. As a professor of special education teacher working on pedagogical development and training of children with disabilities, on matters of vocational rehabilitation and professional orientation of people with disabilities and has published numerous scientific papers in the field of special education. As Secretary of the Fund for the promotion of democracy “Davidovic” worked on projects related to human and minority rights, with special emphasis on discrimination against Roma and persons with disabilities. He participated in the project “Serbia and Montenegro - look into the future”, “Harmonization of Serbia and Montenegro with the European Union”, “Open on corruption in Serbia.” In Brussels in 2005.scholar Friedrich Ebert Foundation project “EU study visit” in the making “EU disability strategy.” Author of the book “The European Union and persons with disabilities.” The organizer of numerous roundtables and panel discussions on the topic “Involving people with disabilities, refugees and Roma in social and economic life of Serbia”. Analytical Team Leader for Public Opinion Research conducted for the National Office of the President of the Republic. In the period of 20042007.in the National Office of the President of the Republic is employed as a senior advisor for


Political Actors

social issues and vulnerable social groups. As a secretary and a member of the Council of the President of the Republic for cooperation with civil society, in addition to consulting work, especially engaged in the issues of cooperation with the NGOs, which implements the protection of marginalized social groups. From 2007 to the position of Assistant Minister in the Ministry of Labour and Social Affairs as Head of the Department for Protection of Persons with

3.1

Disabilities. On behalf of the Government of the Republic of Serbia signed the UN Convention on the Rights of Persons with Disabilities. He is a member of the Council for the implementation of the Decade of Roma. The head of the working group for the development of an action plan on the basis of readmission agreements. Member of the Bureau Council of Europe Forum for the implementation of the action plan for persons with disabilities.

This table shows the position of political actor in Ministry of Health regarding Reproductive and Sexual Health and Rights Post

Political actor

Minister

Zlatibor LonÄ?ar

Highly favorable

Favorable

Indifferent

Unfavorable

Highly unfavorable

X

Ministry of Health of the Republic of Serbia has no clear position concerning reproductive health. Visible is a general tendency to reproductive health is viewed in terms of the health of young people by ignoring the other components of reproductive health. Family planning is not viewed in a wider of the spectrum of human rights, but only as a geographical determinant. In some health centers in Serbia are organized a workshops on reproductive health issues, but

still only in the context of youth counseling and not in the context of family planning centers. The Ministry of Health has no sector which would deal with family planning. Reproductive health is viewed in a broader context (regulated through a number of strategies and programs but incomplete) rather than as a separate area which need to be separately regulated.

This table shows the position of political actor in Ministry of Health regarding Reproductive and Sexual Health and Rights Post

Political actor

Minister

Aleksandar Vulin

Highly favorable

Favorable

Indifferent

Unfavorable

Highly unfavorable

X

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3.

Key actors

This political actor does not understand the subject of our Advocacy issue. In spite of the fact that Ministry implemented strategies that involve certain aspects of our Advocacy issue, political discourse of this political actor is not properly oriented towards achieving the set goals. Decision making power of these two political actors is Very High.

LEGISLATIVE BRANCH Political parties in parliament Party and Coalition or Alliance

Party whip or Coalition head

Brief profile

Serbian Party

Aleksandar Vučić

A lawyer by profession, Prime Minister of the Republic of Serbia, general secretary of the National Security Council and President of the Serbian Progressive Party.

The Socialist Party of Serbia

Ivica Dačić

Serbian politician who has been the Minister of Foreign Affairs of Serbia since April 2014. He is the leader of the Socialist Party of Serbia. From 2008 to April 2012 he served as Minister of Internal Affairs then as Prime Minister of Serbia and Minister of Internal Affairs from July 2012 to April 2014

Social Party

Rasim Ljajić

Serbian Bosniak politician, the current Minister of Foreign and Domestic Trade and Telecommunications of Serbia since 27 July 2012.He holds a degree in medicine from the University of Sarajevo. He is the President of the Social Democratic Party of Serbia, elected from 21 January 2007. Ljajić was also the president of the National Council for Cooperation with the Hague Tribunal.

Together for Serbia

Dušan Petrović

Serbian politician, a former long-time member of Democratic Party (DS)[1] and the former Minister of Agriculture, Trade, Forestry and Water Management between 2011 and 2012 and former Minister of Justice in the Government of Serbia between 2007 and 2008.Leader of the broken-off wing of politicians, as of 2013 he is the chairman of the Together for Serbia party.

Green Serbia

Ivan Karić

Graduated from the geological department of Mining and Geology, University of Belgrade. In the period from 2009 to 2010 in the JVP "Belgrade water" has successfully performed the duties of Head of flood control on the territory of Belgrade. President of the Green Party of Serbia. Deputy of the current session of the National Assembly of the Republic of Serbia.

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Progressive

Democratic

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Political Actors

3.1

Party and Coalition or Alliance

Party whip or Coalition head

Brief profile

Party of United Pensioners of Serbia

Milan Krkobabić

Economist by profession, his special area of interest and work is commercial area of Craft, Small and Medium Enterprises. He is also one of the founders of the Party of United Pensioners of Serbia, and before the establishment of the party was not politically engaged. 19 August 2008 was appointed Deputy Mayor of the City of Belgrade.

United Serbia

Dragan Palma

In 2004 founded the party United Serbia, which won the most votes in Jagodina and Morava. In the parliamentary elections of 2007, entered into a coalition with the Democratic Party of Serbia and New Serbia. The party unified Serbia won two parliamentary seats. Dragan Marković Palma currently serving as the mayor of Jagodina.

League of Social Democrats of Vojvodina

Nenad Čanak

Politician from the Serbian Hungarian origin, the President of the Assembly of Vojvodina. The President's party Alliance of Vojvodina Hungarians, and holds a LLB degree. He was a candidate for president of Serbia in the elections of 2008 and 2012

New Serbia

Velimir Ilić

Serbian politician and Minister without portfolio in the Government of Serbia. Velimir llić graduating from the University of Belgrade's Faculty of Technology (Department of Construction Materials)

The Alliance of Vojvodina Hungarians

Ištvan Pastor

Ethnic Hungarian politician in Serbia. He graduated from the Novi Sad Law School. Currently, Pásztor is chairman of the Alliance of Vojvodina Hungarians party and president of the Assembly of Vojvodina. He was formerly a leader of the Hungarian Coalition, which also included two other ethnic Hungarian political parties in Serbia.

Serbian Movement

Jugović Aleksandar

He is a professor of Serbian language and literature and writer. He was the Deputy Minister of Culture from 2004 to 2007. Director and Vice President of the Serbian Renewal Movement, member of the party and member of the Municipal Council in Cacak. Member of Parliament was elected in 2008 and 2012. member of the Committee on Culture and Information.

Olgica Batić

She is president of the Christian Democratic Party of Serbia (DHSS) and a deputy in the National Assembly of the Republic of Serbia. She graduated at the Faculty of Law of the University of Belgrade. During parliamentary elections in Serbia in 2012, she participated in the coalition Choice for a Better Life [2], with the support of the outgoing president Boris Tadića. Member of the Committee on the Judiciary, Public Administration and Local Government Committee on administrative, Budgetary, Mandate and Immunity Issues and deputy member of the Committee on constitutional Affairs and Legislation

Renewal

Christian Democratic Party

Marković

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3.

Key actors

Party and Coalition or Alliance

Party whip or Coalition head

Brief profile

SDA Sandzaka

Sulejman Ugljanin

Bosniak politician from the Sandžak region of Serbia. He is the leader of the Party of Democratic Action of Sandžak and the List for Sandžak coalition of the 2007 Serbian parliamentary election, which won two seats. He was the Mayor of Novi Pazar, and the former Minister without portfolio in the Government of Serbia between 2008 and 2014.Ugljanin holds a doctoral degree in stomatology from the University of Sarajevo.

Committee on Human and Minority Rights and Gender Equality Parliament member

Position in the committee

Party

Brief profile

M e h Omerović

Chairman of the Committee

Social democratic party

Graduated from the Faculty of Political Sciences. Since 2001, a member of the National Assembly of Serbia in whose work has taken active participation. From 2000 to 2003, he was president of the Serbian Parliament Committee for International Relations, and since 2006 the President of the Serbian Parliament Committee for Labour, War Veterans and Social Affairs. Also, since 2008 a member of the Committee of the Serbian Parliament for defense and security, as well as a member of the delegation of the Assembly of Serbia in the Parliamentary Assembly OEBS. From 2010 was a member of the Parliamentary Forum of the Western Balkans for the oversight of the security services. At the same time, the president of the Parliamentary Friendship Group with Indonesia. Since 2011 is a member of the Council of Gay Straight Alliance. Omerović is also chairman of the Parliamentary Commission for the control of a crime, and president of the Assembly for Human and Minority Rights and Gender Equality. It is also a member of the Commission of the Government of the Republic of Serbia for rehabilitation and compensation and member of the Assembly of Serbia for the control of the security services. Since 2013, the President of the Managing Board of JP Post Serbia.

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Political Actors

3.1

Parliament member

Position in the committee

Party

Brief profile

L j i l j a n a Malušić

Deputy President

Serbian Progressive Party

She is a graduate sociologist. After the local elections of 2009, she became assistant to the president of the City Municipality of Zemun, in charge of the department of social work and culture, as well as the Chair of the Commission for the allocation of income and construction packages for internally displaced persons from Kosovo and Metohija and for refugees from BiH and Croatian. The President of the Committee for Culture Serbian Progressive Party Zemun.

Committee on Labour, Social Issues, Social Inclusion and Poverty Reduction Parliament member

Position in the committee

Party

Brief profile

Dr Vesna Rakonjac

Chairman of the Committee

Serbian progressive party

She is a doctor, specialist hygiene with medical ecology. He works in the Department of Public Health Krusevac, as a doctor at the Department of Hygiene and Human ecology. After the 2012 elections, was elected deputies in the National Assembly of the Republic of Serbia.

M i r j a n a Dragaš

Deputy president

Socialistic party

She is a sociologist and director of the foundation "Dositej Obradovic".A member of the General Committee, the Executive Committee and the Women's Forum of the Socialist Party of Serbia. He is also the President of the Council for Social Policy of the Socialistic party. After the elections in 2012 was elected deputies in the National Assembly of the Republic of Serbia, and again after the election of 2014.The Deputy Chairman of the Committee on Labour, Social Issues, Social Inclusion and Poverty Reduction.

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3.

Key actors

Health and Family Committee Parliament member

Position in the committee

Party

Brief profile

prof. Dr Slavica Đukić Dejanović

Chairman of the Committee

Socialistic party

Dejanović is the second woman at the head of the National Assembly of Serbia, after Nataša Mićić who was President of Parliament 2001-2004, and the first one in the independent Serbia.

Dr Ljubica Mrdaković Todorović

Deputy president

Serbian progressive party

She graduated, completed residency in obstetrics and gynecology and MA degrees from the Faculty of Medicine, University of Nis. After the 2012 elections, was elected deputies.

Parliament member

Political party

Favorable

MehoOmerović

Social democratic party

X

LjiljanaMalušić

Serbian progressive party

X

VesnaRakonjac

Serbian progressive party

X

Mirjana Dragaš

Socialistic party

X

Slavica Đukić Dejanović

Socialistic party

X

Ljubica Mrdaković Todorović

Serbian progressive party

X

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Mapping Political Context

Indifferent

Unfavorable


Political Actors

3.1

OTHER POLITICAL ACTORS Political actor

Post

Type of influence

Brief profile

Saša Janković

Protector of Citizens

Political, technical, moral

He graduated from the Faculty of Law in Belgrade in 1996. The Faculty of Political Science, graduated in 2005. Specialist Security Studies and became a specialist in national and global security. From 1994 to 1997 he was a journalist in BETA. From 1997 to 2000 he worked as an associate in the Ministry of Youth and Sports. From 2000 to 2001 he was Secretary of the Federal Ministry of Sports, and from 2001 to 2003, Assistant Federal Secretary for Youth and Sports. From 2003 until the election to the office of the Ombudsman, he was national legal adviser in the Department for Democratization of the OSCE Mission in Belgrade. National Assembly of the Republic of Serbia elected him on August 4, 2012 in the second five-year term for the Ombudsman. It was first elected in June 2007

N e v e n a Petrušić

Commissioner for protection of equality

Political, technical, moral

She teaches Civil Process Law, Out-of-Court Dispute Settlement, Rights of the Child, and Gender Studies. She established the Legal Clinic of the Faculty of Law University of Nis, and for many years she was the manager and coordinator of this institution. She was the guest lecturer at the Multidisciplinary Gender Studies University of Novi Sad, at the Family Mediation Specialist Studies of the Faculty of Political Sciences of Belgrade University, and at the Faculties of Law in Ljubljana, Skopje and Maribor. The first Commissioner for Protection of Equality, Nevena Petrusic, PhD, was appointed on May 5th 2010 by means of a Decision of the National Parliament of the Republic of Serbia. The normative framework for the work of the Commissioner for Protection of Equality consists of the Constitution of the Republic of Serbia, the relevant international documents, and the general and the special Antidiscrimination laws of the Republic of Serbia.

The tables show the structure of legislative power through the party affiliation of political actors. As already mentioned in the Republic of Serbia there is no clear position on reproductive health issues. Unlike the executive branch that implements and creates public policy and there is not a separate department within the Ministry of

Health to deal with reproductive health , in parliament there is working committee for health and family which should be engaged in the respective issue. Due to lack of complete data on the subject of discussion at meetings of the board can not be determined with certainty whether is the repro-

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3.

Key actors

ductive health in some an aspect of the subject of debate. Some political actors within the legislative authority, especially in the Committee of Health and family can have a positive impact on the favorable results of advocacy. When it comes to other political actors that are not directly related to the work of the government or parliament greatest impact on the issue of advocacy could have the Ombudsman and the Commissioner for Equality. These two bodies are independent of the legislative and executive branches. These bodies have a major impact in the adoption of legal instruments in the field of their work where they are engaged and in some segments coincide with the subject of advocacy that promotes SRH Serbia.

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Social Actors

3.2

3.2 SOCIAL ACTORS

Interest groups: Interest groups with positions that are favourable to the Advocacy issue and their influence over political actors: Organisation

Organisation field

Political Actor

Degree of influence

Delegation of EU in Serbia

Politics, development

Head of the Delegation

High

GIZ office in Serbia

Politics, development

Country Director

Medium

UNFPA Country Office

Development

Head of office

Medium

WHO

Public health

Director of office

Medium

Alliance of Pharmaceutical Associations of Serbia

Business

Head Board

Medium

of

Governing

Interest groups with positions that are unfavourable to the Advocacy issue and their influence over political actors: Organisation

Organisation field

Political Actor

Degree of influence

Serbian Church

Orthodox

Religion

Patriarch

High

Serbian Chamber

Medical

Health

President

Medium

Interest groups with positions that are unfavourable to the Advocacy issue and their influence over political actors: Organisation

Organisation field

Political Actor

Degree of influence

Institute for Health protection of mother and child

Public Health

Head of Institute

Medium

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3.

Key actors

Organisation

Organisation field

Political Actor

Degree of influence

National experts commission for health protection of women, children and youth

Public Health

President of the Commission

Medium

National Institute for Public health

Public Health

Head of Institute

High

Medical School of University Novi Sad

Education

Various lecturers

Low

Provincial Secretariat for Sports and Youth

Politics

Secretary

Medium

Queeria

Gender politics

Head

Low

National and international organizations whose positions are unfavourable to the Advocacy issue, and their influence over political actors Organisation

Organisation field

Political Actor

Degree of influence

Dveri Srpske

Politics

President

Medium

NSPM

Media

Editor

Medium

Obraz

Politics

Head

Medium

The issue of family planning and reproductive health in Serbia is a topic of some controversy due to a number of issues. As mentioned in other modules, Serbia is very much aware of its population ageing however one of the reasons cited most frequently is the perception of birth rate in Serbia being abnormally low. This is not correct as Serbian birth rate follows regional and European trends, but considering this is a number one topic for many political and social actors interested in reproductive health, introduction of a national strategy for reproductive health with progressive concepts on family planning, gender identities and sex-positive approach will be met with resistance from religious groups (most notably Serbian Orthodox Church, a very influential

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organisation in Serbia), patriotic organisations, but possibly also from medical professionals. The level of past investments in the public health system as it is means that there is likely to be significant resistance to initiatives that will call for its restructuring to put more emphasis on prevention that can be performed by lower educated cadre and volunteers through extra-institutional activities versus institutional treatment provided by highly trained professionals. The international actors representing UN and EU, as well as some of the public (professional and political) bodies will however be in favour of these changes either because they understand the efficiency and savings, positive effects on


Social Actors

public (and individual) health or because they advocate for the human rights approach which grants safer, healthier and more empowering context for women in future. Perhaps the biggest risk in relation to national strategy for reproductive health, though, is the potential for it to be supported by leading political

3.2

and social actors but that then it remains a mere concept without allocated budget funds – this is a usual occurrence for strategic documents that do not have true dedication of leading actors behind them and is one of the biggest obstacles for policies that do not come from the centres of political power.

Opinion Leaders Opinion leaders whose positions are favourable to the Advocacy issue, and their influence over political actors Opinion Leader

Political actor influenced

Degree of Influence

Activity/ Capital to Exert Influence

Katarina Sedlecki

Minister of Health

Medium

Head of National Centre for Family Planning

Dragan Ilić

Minister of Health

Medium

Head of Institute for Public Health

Marinika Tepić

Provincial Parliament

Medium

Provincial Secretary for Sports and Youth

Michael Davenport

Prime Minister

High

Head of the Delegation of European Union in Serbia

Marija Jevtić

Provincial Parliament

Low

Lecturer at the Medical School of the University of Novi Sad

Katarina Đorđević

Public

Low

Journalist in the Politika newspaper, sensitised to the RH issues

Olivera Kovačević

Public

Low

Journalist, Serbian Broadcasting Corporation

Opinion leaders whose positions are unfavourable to the Advocacy issue, and their influence over political actors Opinion Leader

Political actor influenced

Degree of Influence

Activity/ Capital to Exert Influence

Miroslav Gavrilović – Irinej

President

High

Patriarch of Serbian Orthodox Church

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3.

Key actors

Opinion Leader

Political actor influenced

Degree of Influence

Activity/ Capital to Exert Influence

Đorđe Vukadinović

Public

Medium

Political Commenter/ Editor of NSPM

In a system of political decision making as highly centralised as Serbian is, opinion leaders are as strong as they can influence thinking of a handful of highly positioned decision makers. In order to be sure to succeed in producing a strategy for reproductive health that will be implemented through realistic action plan and supported with adequate budget, advocacy efforts must reach the likes of Minister of Health, Prime Minister and President. Public pressure is one of the factors

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which is why reaching sensitised and friendly journalists is useful, however the real influence exerted over Prime Minister and President comes from the EU Delegation and Serbian Orthodox Church respectively with certain health professionals likely to have their voices heard in the ensuing debate but without guarantees that their influence can sufficiently sway decision makers’ opinions.


Mapping Political Context - Advancing Reproductive Health and Rights  

Overview of notable political and social actors, institutions and papers in the Republic of Serbia relevant for public advocacy in the area...

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