A/HRC/37/55/Add.1
29.
Some, including many of Serb ethnicity, expressed concerns about the human rights
impact of the role of the Serbian Orthodox Church when it was seen to impose itself as a
“cultural authority”. Others criticized the close relationship between Church and State,
including reported cases of observance of Serbian Orthodox celebrations at municipalities
and in schools, and appearances by the Prime Minister and President with the Patriarch.
30.
Despite ongoing discrimination against lesbian, gay, bisexual and transgender
persons, local rights activists indicated that the climate for their work had improved. The
Special Rapporteur was pleased to learn that after several years of being banned or met with
hostile counterdemonstrators, the Belgrade Pride march has been permitted since 2014 and
in 2016 did not face counter-protests. She commends the organizers of this event for their
efforts to promote human rights. In 2017, Ana Brnabic, Serbia’s first female Prime Minister
and first openly gay elected official, was present during the parade.
31.
Cultural rights must also be protected in rural areas, including through adequately
resourced village libraries which incorporate youth-oriented materials.
3.
Freedom of artistic expression
32.
The right to the freedom indispensable for artistic expression and creativity is
protected under article 15 of the International Covenant on Economic, Social and Cultural
Rights and article 19 of the International Covenant on Civil and Political Rights. Artistic
creativity is necessary for the development of vibrant cultures and the functioning of
democratic societies.5
33.
The Special Rapporteur was concerned about reports of ongoing pressure, including
financial pressure, on the exercise of freedom of artistic expression and creativity in Serbia,
targeting in particular independent publishers and artists expressing resistance to
nationalistic ideologies.
34.
The independent DAH theatre, which has long been associated with critics of past
atrocities and has engaged in street performances about war crimes, told the Special
Rapporteur in 2016 that after years of investing in a particular location in Belgrade, they
were unable to remain in that space in a city-owned building. They were required to move
out in February 2017 after a costly legal battle.
35.
Some artists and civil society organizations also reported on at least one case of the
director of a cultural institution being fired for hosting alternative cultural programmes.
They stressed that patterns of funding are having a negative impact on the independent art
scene.
36.
The Special Rapporteur notes with appreciation the efforts of some arts companies
to engage in inclusion projects aimed at offering cultural content accessible for persons
with disabilities, including theatre for the blind.
4.
Cultural rights and human rights defenders
37.
The Human Rights Council has recognized “the importance of the independent voice
of human rights defenders and other civil society actors … in promoting, protecting and
realizing all human rights, including… cultural rights”.6 In Serbia, human rights defenders,
including those defending cultural rights, continue to face pressure.
38.
The Special Rapporteur was concerned about the impact of an exhibition organized
by the ruling party which began in July 2016, entitled “Uncensored Lies”, and which took
aim at and depicted as liars people who had been critical of the Government or, for
example, had asked questions about the genocide in Srebrenica. The exhibit included the
names and photographs of human rights defenders and at least one artist. Civil society and
independent voices were raised to counter the potentially negative impact of the exhibition.
5
6
See A/HRC/23/34.
Resolution 31/32, para. 7.
7