E/CN.4/1999/15
page 17
way, and it commends all States which opt to penalize harmful propaganda,
including propaganda disseminated by electronic means, thereby helping to
combat racist opinions.
66.
Another cause for concern is the rise of racist and xenophobic ideas in
the political field: in Europe, some political parties are making increasing
use of such ideas, particularly targeted at migrant workers. If unchecked,
this emerging trend might become strong enough to provide a solid base for
making racism a legitimate official doctrine, even in the post-apartheid era.
I.
Yugoslavia
67.
Yugoslavia drew attention to its constitutional and legal provisions
prohibiting racism, racial discrimination and other forms of discrimination on
the basis of nationality, gender, language, religion, political or other
beliefs or social origin. Article 20 of the Constitution stipulates, in
particular, that citizens are equal irrespective of their nationality, race,
sex, language, faith, political or other beliefs, education, social origin,
property or other personal status. Everyone is equal before the law. Each
person is duty-bound to respect the rights and freedoms of others and is
responsible for them. The Constitution of the Republic of Serbia (art. 20)
and the Constitution of the Republic of Montenegro (art. 15) contain similar
provisions which basically take up the same concepts concerning the equality
of citizens. All the freedoms and rights recognized and guaranteed under the
Constitution of Yugoslavia enjoy judicial protection.
1.
Rights of members of national minorities
68.
Apart from universal freedoms and human and citizen’s rights, under the
Constitution members of national minorities enjoy special rights, the exercise
of which is specifically provided for. The Constitution contains nine
provisions directly relating to the members of national minorities, covering
the following rights and freedoms: right to equality, regardless of
nationality; right to preserve, develop and express ethnic, cultural,
linguistic and other characteristics; right to use national symbols; right of
members of national minorities to official use of their language in spoken and
written form together with the Serbian language, in the regions where they
live; freedom to express or not to express their nationality and freedom to
express their national culture; right to the use of their mother tongue in
spoken and written form and to an interpreter in court proceedings and other
administrative proceedings; right to education in their mother tongue; right
to information media in their mother tongue; right to establish educational
and cultural organizations or associations; right to establish unhindered
relations with co-nationals within Yugoslavia and in other States and to take
part in international non-governmental organizations, provided those relations
are not detrimental to Yugoslavia or to a member republic.
69.
Under article 50 of the Constitution, members of national minorities are
entitled to special protection and it is prohibited and punishable to incite
or encourage national, racial, religious or other hatred and intolerance.
Such acts are considered to be criminal offences (Penal Code, art. 134):
instigating national, racial and religious hatred, enmity or intolerance is
punishable by five years’ imprisonment. If such criminal offences are