ECRI: new reports on Bosnia and Herzegovina, San Marino, Malta and Serbia

The European Commission against Racism and Intolerance (ECRI) has published new reports on Bosnia and Herzegovina, Malta, San Marino and Serbia.

In its report on Bosnia and Herzegovina, while also highlighting progress made in some areas since the adoption of its previous report in 2016, ECRI again emphasises the need for a fundamental paradigm shift to overcome deeply entrenched resentments, mistrust and hatred that are still too often characterising inter-ethnic relations in the country.

Concerning San Marino, ECRI calls on the authorities to adopt a comprehensive body of legislation to prevent and combat discrimination. The legislation should prohibit any form of discrimination based on a list covering all grounds of discrimination within ECRI's mandate and in all areas of life, establish clear obligations for the authorities and provide the necessary legal tools to prevent and combat racial discrimination and discrimination against LGBTI people.

As for Malta, progress and good practices in the country since previous reporting six years ago have been noted. ECRI praises for example Malta for having set in "regularly renewed strategies and action plans" for LGBTI equality with "significant efforts" to provide quality health care for transgender persons. The report notes the opening of the Gender Wellbeing Clinic, a specialised facility offering multi-disciplinary care to transgender people. The authorities have strengthened links between police and the LGBTI community, including recruitment of LGBTI police officers.

However, some issues give rise to concern in Malta. For example, counselling for parents of intersex babies and children is lacking as the Maltese authorities have not yet concluded a review of medical protocols applicable to treating intersex persons. Data on reported incidents of racist or LGBTI-phobic hate crime - including criminal hate speech - should be more comprehensive. Figures on prosecutions and convictions are also lacking.

In Serbia, good practices have been developed in a number of fields, but some issues still give rise to concern and should be addressed. On the positive side, ECRI notes discriminatory content was removed from textbooks and teaching material in Serbia. Initiatives aiming at promoting LGBTI equality at the workplace have been taken. On several occasions, political leaders and public institutions representatives condemned hate speech. In December 2020, the National Assembly introduced a Code of Conduct for Members of the Parliament. A hate crime training programme for prosecution services has been developed. Special measures have been taken to diversify the police force by employing persons belonging to minority populations.

At the same time, prejudice against LGBTI persons remains widespread. ECRI says that the authorities should submit a draft law on same-sex unions to the National Assembly without undue delay. The authorities should also ensure that the curricula and textbooks address LGBTI issues in a sensitive manner. Hate speech against Roma and other ethnic minorities, LGBTI communities and refugees/migrants is persisting in political and other public discourse. Authorities should step up their efforts in encouraging public figures to refrain from hate speech themselves and to condemn its use by others.

Press release
Serbia should address discrimination against Roma, LGBTI persons, address hate speech in political discourse, says Council of Europe anti-racism commission

Press release
Malta: Laudable efforts to stop racism and discrimination, but more should be done

Press release
Council of Europe anti-racism body calls for actions to overcome ethnic divisions and intolerance in Bosnia and Herzegovina