Tuesday, April 17, 2012

Women in Bosnia and Herzegovina in Transition of Social Conflicts

NGOs experiences and lessons learnt from the Balkans - Script

By: Maria Theresa Maan Besic
Programme Manager, Žene Ženama
November, 2007


The aim of this document is to critically review of processes, which  caused by national ideologies; to destroy the mythology and prejudice through development of civic awareness about the problems caused by manipulation of history; and to criticize the male policies which produce national violence, negotiations about the war and peace with the use of weapons,  which women clearly demonstrate their view of the main actors of the war.

 Women’s peace building is recognized through the experience and engagement of women in complex relations such as emancipation, nationalism and security in the process of transition of social conflicts; Women facilitate communication between the different political parties.

 Furthermore, Žene Ženama implemented project focus on women in transition which inspired by women’s peace related activities, especially education; a cooperation should be established with organizations and institutions emphasizing the vital importance of increasing peace capacities of women and men in B&H society. Through mapping the space for discussion of women’s organizations in Bosnia and Herzegovina, which will through their activities provide the guidelines for a sustainable peace and security development in the process of accession to EU. The initiative requires openness and readiness of all participants for discussion because it stresses out the importance of human processes and justice in recognizing the injustice and violations.

 Without any imposed conventions, in the expression of personal views founded in the personal engagement and without theoretical preaches this discussion may open the road to the new women’s peace inventions.  Furthermore, is the opportunity for broader public of Bosnia and Herzegovina to observe all the varieties and complexity of ideologically conflicted positions about the understanding of notions of war, peace, pacifism, violence, international security and peace processes. Defining peace is for many women a personal engagement and personal plunging into what we call a human security in the society colored by conflicts.

Impact of gender issues to peace building in Bosnia and Herzegovina
Public debates about civil rights and national identities  pay very little attention to gender dimension. Women are not members of peace negotiations and they have no opportunity to make any influence on main events related to peace building. The lack of attention in terms of women’s and gender issues during peace initiatives have led to inadequate care for women during and after conflict, and thereby a lack of women’s votes in policy making processes relative to war and peace.

 Women’s organizations about the issues of women’s human rights and gender equality in the context of patriarchal and poor country, where they are constantly faced with obstacles such as ethnicity, culture, religion, marital status, socio-economic status, consequences of the armed conflict, poverty, discrimination. Is it possible that all identities are recognized through one affiliation only? Is this affiliation competent in the process of facing with the past events involving the members of other affiliations? Can we encounter our past without personal recognition of our own affiliation, origin, relationship we have or are building with others, of the space where we live together with one another or next to another? Is it possible to start digging into our memories twelve years after the war in order to discover all the paradoxes of our complex identities? Women in the women’s groups feel that the war and impacts thereof are totally outside of their scope of work and way too difficult topics, which are beyond their power.  So far a little has been done about educating broader public and other segments of society, especially women’s groups, intellectuals and politicians and winning their support to initiating a process of understanding the war and war consequences.  Apart from informal networks, this process requires an intensive facilitation, communication and coordination on both national and regional level.

The development of politics of resistance in Western Balkan countries, Women in Black, Serbia
Not in Our Name! We Won't be Fooled by Our Own! „My feminist ethics means that always I have in mind where I come from, emotionally, morally, and politically. I come from the capital city. I inherit the aggressive criminal regime. I come from the capital city where crimes committed in our name are still glorified and denied today. My decision to oppose that ceaselessly and publicly is a component of my feminist ethics. I have decided to know and seek accountability for the innumerable crimes committed in my/our name“ Staša Zajović

 Women in Black, Belgrade were formed in October 1991.  The founding date of October 9th, 1991 is the date of the first public street protest against the war politics of the Serbian regime.  The group was formed by feminist-pacifist activists from various autonomous women’s initiatives that had been working in Belgrade since the late 1980s and within Yugoslav feminist networks. Among the founders of Women in Black, Belgrade are citizens who, together with the aforementioned core, have participated in antiwar, antinationalist and antimilitarist actions since the beginning of the war.

Their missions are: to bring visibility to women’s nonviolent resistance, create space for women’s voices and actions, to build networks of women’s solidarity, to build peace networks, coalitions, and associations, to demand confrontation with the past and the application of various models of transitional justice, to educate women on different approaches for their strengthening, to create an alternative women’s history and to start campaigns and legislative initiatives.

 In order to achieve our mission and goals the Women in Black, Belgrade’s main activities include:
•Street activities, especially antiwar actions and actions calling for the public acceptance of responsibility for war and war crimes,
•The development of alternative women’s policy through antinationalist, feminist, and antimilitarist networks.
•Alternative education (workshops, seminars, lectures, panel discussions, and trainings)
•Publishing activities (recording an alternative history/herstory, compiling educational anthologies, etc.)
•Confrontation with the past – seeking accountability for war and war crimes
•Promotion of antimilitarism, including distributing information regarding conscientious objection and different aspects of demilitarization
•Challenging the patriarchal system – the deconstruction of masculinity through work with both male and female youth
•Support for victims of war and all forms of oppression
•Initiation of legislative initiatives (advocacy, lobbying)
•Challenging all forms of religious fundamentalism.

In such activities, they serve, work with or support women:
•Grassroots activists (from NGOs, informal groups, and initiatives), including women with various ethnic backgrounds, educational levels, social backgrounds, sexual orientations, and lifestyles
•Young activists (from the alterglobalist movement, squatting groups, anarchist/ antifascist groups)
•Education workers (teachers and university professors)
•Trade union activists
•Media activists
•Female activists from political parties (primarily democratic, antinationalist parties)
•Women without institutional or group affiliations who have a strong sense of civil engagement.

The main goals in related to three thematic areas: ‘Confronting the Past: A Feminist Approach,’ ‘Women, Peace, and Security,’ and ‘Warning Signs of Fundamentalism and Feminist Responses.’ And the most significant relates to the need to create a new force for a feminist approach to Transitional Justice.

On civil society – a couple of basic remarks are the autonomous civic organizing: a space for civic engagement in which women and men can pursue their needs and options; beginning civic initiatives; public action for the common good; taking control over one’s own life and future; and exerting pressure on state and other institutions in order to change them and improve the areas of life that concern those particular institutions. Thus, the principles of civil society are not to take over power but to change a value system and cultural mentality; critical relationship toward any form if government (power): questioning authoritarian state and institutions; autonomy in relation to any government or political party; relationship towards politics: politics is not a mere struggle for power or higher purposes, politics is about changing the quality of life, the possibility to make a difference in one’s own life and in the lives of others ; and a value system based on the idea that an individual is more important than the collective.

A short overview of civil society initiatives before the war: What was the importance of the first women’s autonomous initiatives in SFRY?
-the first autonomous feminist initiatives – autonomous in relation to official social action: Women’s conference, Communist Alliance (Communist Party), Union... the first (female) heralds of democracy;
simultaneous feminist initiatives in Belgrade, Zagreb, Ljubljana were gathering mostly women from University circles and their (female) students;
-the Yugoslav feminist network: mostly between Belgrade-Zagreb-Ljubljana, in the form of women’s/feminist groups, joined by individuals from Sarajevo, Prishtina, etc. This network held four conferences, the last one was in June 1991 in Ljubljana, only two weeks before the JNA (Yugoslav People’s Army) aggression against Slovenia;
-topics we dealt with (apart from domestic violence): reproductive rights, and some of us - antimilitarism

Activism (for feminism, peace, human rights) during the war: The basic features of number of women in civic initiatives is far greater than the number of men, this is pertinent to Serbia more than anywhere else, because significant antiwar initiatives and actions were instigated and organized by women (not just from women’s groups but generally from civil society) ; diversity of civic initiatives; Reactions to nationalist and militarist actions of the regime; - actions are less proactive and more re-active

Thus, changes/differences in relation to the pre-war period are the social basis of feminist activism has been extended, enriched, feminist activism now involves women from all social strata, all levels of education, sexual orientations, ethnic backgrounds; An exchange between refugees and feminist activists – from victims of war, refugees (the example of Jadranka Milićević is most striking for me) women became leaders, creaters of peace;  feminists are not elitists – feminist demands are made by women from many different backgrounds;  antinationalism/ pacifism: as a political position of engaged women’s initiatives; and visibility of women (can be seen because they are demonized in the public campaigns against civil society activists, mostly because they are advocates of transitional justice and processing of war criminals, etc.)

Specific features of Serbia in the process of transitional justice. Women in Black—Belgrade came into being in October 1991, as a reaction to the warmongering and aggressive policy of the Serbian regime. Confronting the past and transitional justice are among the most important segments of the peace policy of this network and group. We have transformed our feelings of bitterness, shame, and guilt into acts of uncompromising resistance and civil disobedience. During the war, our activism meant confrontation while ‘history was unfolding,’ while criminal policies were occurring. Until October 2000, we protested against state-organized crime. They believed—and still do—that the Serbian regime, the Serbian armed forces that committed numerous crimes, and the institutions that supported them are most responsible for the disintegration of Yugoslavia.

These could be classified chronologically:
I phase:
State organized crimes and denial of reality: the period during the regime of Slobodan Milošević under the slogan ‘Serbia is not at war’:
•The Serbian regime is the most accountable for the wars in the area of the former Yugoslavia – it conducted several aggressions (Slovenia, Croatia, Kosovo) – therefore, Serbia participated in all the wars in this area, although the wars were not waged on its territory, except for the NATO bombing in 1999.
•The anti-war resistance was the strongest in Serbia; the number of deserters was the highest in Serbia.

II phase:
The period after the toppling of the regime – the period of high, yet unfulfilled expectations:
•the new authorities did not create a discontinuity with the policy of the previous regime, the opportunity to make a radical cut was missed after the changes.
•After the change of the regime, the international community offered Serbia great opportunities for transition from the criminal regime toward democracy – but it did not seize it.
•In Serbia, the refusal to confront the past is a widespread phenomenon.

III phase:
After he assassination of Prime Minister Zoran Đinđić (March 2003), institutional organized refusal to confront the past – denial of the criminal past, has been at work:
•the rehabilitation of the representatives of the Milošević regime , especially following the elections in December 2003;
•there in no consensus in Serbia  on the civilian scene, either,  concerning the accountability of the Serbian regime: the ‘soft’ stream is prevalent, insisting on the accountability of all (relativization), while the ‘hard’ stream insists on the guilt on the part of Serbia, on collective accountability (‘cleaning one’s backyard first”).

Furthermore, the basic obstacles in the work of the civil society, internal, at the level of state and institutions are the nationalist character of all the relevant institutions: Serbian Academy of Arts and Sciences, University, Writers’ Association, etc. all serve nationalism and the project of Serbian hegemony – they serve as an ideological pillar of this project; and the rehabilitation of the representatives of the Milošević regime, especially following the elections of 2003 – the Law on Lustration and the Files on Secret Service associates was never passed. Even these laws had been passed, it would not be possible for such people to still work in police, judiciary and other public institutions.

There is a climate of impunity on all levels in Legal level: lack of criminal and non-criminal sanctions for those who committed crimes in the past; refusal to fulfill international obligations, the most significant of which is the extradition of war crimes-indictees; Political level: politics enables those who served the previous repressive regime to return to the public and to political functions now; and Moral level: an atmosphere in which crimes are justified, criminals are celebrated as heroes, and those who wish to punish crime and criminals are demonized:
- The secular character of the state is lost – growing theocratization of the state – the Serbian Orthodox Church (SOC) becomes a significant political factor;
- growing clericalization of public life: increased interference of religious communities, most of all SOC in matters of education, culture, media, women’s rights – reprpductive and sexual;
-Party-tocracy and party rule: the concentration of political power and influence in the hands of political parties – collusion between the political elites and organized crime;
- Degradation of the parliament: political parties have an exclusive interest to appoint their own people to positions in public administration, state enterprises, cultural institutions, public works; political parties abuse public resources, and use them for their own interests and needs, etc.

The obstacles at the level of society is overwhelmed by a distorted value system, which becomes obvious when one analyses the attitudes of citizens toward war crimes and the Hague tribunal:

Transitional justice – Hague Tribunal – attitudes of people, Opinion polls done by the Belgrade Center for Human Rights in 2005 – the question: Who committed most war crimes during the wars in former Yugoslavia?
-The majority of the respondents (74%) said that Serbs committed the least number of war crimes, while Croatian, Albanian and Muslim forces committed more; as many as 24% of the respondents said that Slovenes committed more crimes than Serbs;
-Only one in twenty respondents believes that most crimes were committed by Serbs;
-The predominant opinion is that cooperation with the Hague is necessary only to avoid economic sanctions and the isolation of Serbia, which is a direct reflection of the dominant views of politicians;
-Srebrenica: in 2005 – 50% of the respondents thought they knew what happened there, while in 2001 this was 48%, which is such a small change, etc.
-In 2007, Women in Black carried out a research project ‘Women, security, transitional justice’ which shows that even among the most progressive women (activists in civil society and democratically oriented political parties) less than half  (46,5%) consider that transitional justice should satisfy justice and restore dignity to the victims, while the rest believe that it is necessary only in order to qualify for international economic aid and increase the living standards;
-A mentality of ‘servitude,’ instead of citizenship is prevalent, as well as a feeling of helplessness, belief that citizens can not change anything themselves;
-There is an ‘epidemic of depression,’ loss and disappointment because of ‘unfulfilled expectations’ following October 5th;
-Most respondents (in WiB research) say they do not trust any state institutions, while some trust only the Church
-Growing dissatisfaction leads people to passivity, and mobilizes them only for nationalism and clericalization;
-Research in December 2006 (“Politics and everyday life’) has revealed that desperation is the prevalent feeling among the citizens of Serbia, and mostly among young people.

The Accountability for war and war crime in Serbia has not achieved a consensus within its civil society concerning the accountability of the Serbian regime: a ‘soft’ approach is prevalent, which insists on the guilt of all (relativism) as opposed to a ‘hard’ approach by those who insist on the collective moral responsibility of the Serbian side (‘starting from one’s own back yard)
-The demands of civil society largely fall in line with the national consensus;
-Civil society activists (women), mostly human rights defenders in Serbia, who play a political role – advocate to change to value system, they initiate activities against the glorification of the criminal past, but they are demonized – at the state level, but also by the majority of the NGO sector;
-Relations with institutions – so-called partnership instead of autonomy;
-Most NGO’s do not have the role of creating an independent civic public, but predominantly an economic character – their role is ‘not to make waves,’ they fit into the governing value system, etc.

Women’s peace organizations in the context of national ideologies, mechanisms and places of institutional responsibility (accountability) for peace and security – structural and social peace-building
Interview with Sonja Biserko, and Staša Zajović

What did the women say after our introductory remarks: The basic problems of civil society – based on statements of the participants (women)

Civil society more or less fits along ethno-national lines, it fits into the divisions of society on the basis of ethnicity through identities come down to ethnicity and religion – we are forced into ethno-national groups, even though we do not want to belong only to one entity; in this day and age, there are divided, schools, BiH is a state of two entities and we accept this life, even though we do not want to belong to only one entity; all three entities (3 nations) need to speak about their selves and their past, their own nation; government creates hatred among the people; and Bosniacs keep holding all the key positions in Sarajevo, nothing has changed since ’96.

Responsibility of the civil society – conformism, passivity, fear to loose face in front of the majority, credibility in the environment, lack of autonomy in relation to government. In responsed they say what others want to hear, and not what we really think, and if we were honest, we would be no different from the politicians; fear of offending the majority within the same nation; the government and the nongovernmental sector are like one;
-lack of mutual support within the civil sector; people are become to sedentary, we are not involved in politics – we only deal with domestic violence ‘we need to change ourselves in order to change a women’s politics’; and people are no longer interesting in our towns, nor in our country.

Society we live in: fears, submissive mentality, distorted value system, disappointed expectations:
-there is fear – we live in constant fear, especially in fear of war, fear of conflicts;
-unfulfilled expectations, in 1996 we were full of enthusiasm, we were hopeful;
-the problem lies in the cultural/submissive mentality of the people, because ‘when we act differently, we are treated as traitors of the people’
-conflicts and tensions are reignited;
-distorted value system and the spiritual health of the people;
-conflicts between political parties, not just inter-ethnic relations, etc.

Furthermore, the attitude of the international community – the international community imposes certain terms and conditions, brining into question the autonomy of the civil society: is part of the project of the international community; the international community holds the ethnic balance; and partnership with local communities suit the international community.

They done so many actions to change this state of affairs through the following actions of civil disobedience – street actions; creating spaces to where fear can be expressed; encouraging women’s energy to create peace because  ‘women were the initiators of peace even in war’ ; Women must be more aggressive and advocate peace more ‘aggressively’; to question and challenge the current state of affairs, and take responsibility for the way we live; change models of actions, find new ones; encourage women’s resistance and strengthen the peace movement; encourage responsibility and accountability of civil society; act outside the ethno-national corps ‘go down the path of the minority of the people’; distinguish between the actions of civil society and the state; and lastly influence the institutions.

There are numerous definitions of peace. One of the most influential ones emphasizes the distinction positive and negative peace, and its author is Johan Galtung, internationally acclaimed Norwegian scientist and researcher of peace.

His definition means the following: Peace as absence of war is negative peace.

However, according to Galtung, peace should not be considered as a mere absence of war, but also as an absence of fear, hatred, poverty, injustice. Then it is positive peace. Positive peace means that there is no war or violent conflict and that there is equality, justice and development. Positive peace means that there is no direct violence (physical, etc.), there is no indirect or structural violence (poverty, exploitation, injustice, tyranny, etc.).

One could summarize these concepts in the following way:
absence of war = negative peace
absence of war + social justice + development = positive peace
absence of direct violence + absence of indirect violence = positive peace

What kind of peace are we talking about in today’s BiH? Positive or negative? What do peace and security mean for you?
In Bosnia and Herzegovina negative peace is prevalent because:
- peace was forced, but without tranquility, ‘peace as cessation of armed conflict and cease-fire’
- we have the appearance of security, with all kinds of fears;
- many of those who started the war are still in power;
- militarized and ethicized  media: they only portray conflicts, tensions and violence, not actions against those;
- media produces hatred among the nations;
- the political elite is ‘the noose around the neck of the people’
- there is corruption at the government and NGO level;
- organized crimes of all three ethnic groups is connected;
- corruption among representatives of the international community;
- distorted value system and morality.

In Bosnia and Herzegovina, positive peace can be seen through the following:
-we feel safer, some progress is obvious;
-togetherness has reached a new level, we live side by side;
-there are mixed marriages

 Obstacles to lasting and stable peace : Transitional Justice / a feminist Approach
What is transitional Justice?

The concept of transitional justice has emerged in the past few decades, and it is constantly being amended, reshaped and enriched with new contents and models, in accordance with the need to address the complex issues of the negative heritage of the past. In brief, transitional justice is a way in which an authoritarian/dictatorial/totalitarian/undemocratic society makes a transition into democratic order.

 "Transitional Justice is an aggregate of responses, institutions, strategies and ways in which an authoritarian society moves towards democracy, therefore, a body of institutions and moral, legal, political and social processes, measures and decisions that are adopted and implemented in the course of the process of democratic transition, i.e. transition from criminal/dictatorial regimes  towards democracy”  (Nenad Dimitrijević, theoretician of law and philosopher).

Mechanisms of Transitional Justice – institutional system
Transitional justice encompasses all forms of accountability: individual, collective, moral and political. All the models so far have been a combination of various processes of transitional justice as well as ‘the creation of new aspects of accountability, because the models of transitional justice created so far do not provide answers to the complex issues of the past and are not sufficient to break-away from the vicious past.’ (Nenad Dimitrijević).

Therefore, as there are no ready-made models that could be transferred and applied, it is necessary to continually create new models of transitional justice. Such is the Women in Black attempt of “gendering justice” , i.e. incorporating the gender dimension, namely, a feminist approach, to confronting the past and transitional justice.

Therefore, transitional justice comprises of  both criminal and non-criminal sanctions, which include a scope of different models. As for criminal sanctions, the most widespread model are war crimes tribunals within the institutional legal system of a particular state. Furthermore, the state also assumes responsibility for transitional justice through truth commissions, compensation and institutional reforms. Thus, transitional justice rests on four pillars: Tribunals and trials; Truth and reconciliation commissions; Reparations; and Institutional reforms

Institutions of international justice in the 20th  century
The permanent International Court of Justice (ICJ): established in the Hague in 1920, after the end of The First World War and it is considered to be the first international tribunal, made up of permanent independent judges and competent for all international disputes.

The Nuremberg  Tribunal: founded in 1945 by the allied forces – France, Great Britain, the USA and the USSR. The Nuremberg trials started after the end of the Second World War  (in November 1945); the tribunal was made up of judges coming from the allied powers, the winners of the war. The trials lasted for three months, at the end of which 22 top ranking military and civilian officers of Nazi Germany were sentenced. The majority were sentenced to death, some to prison terms, and three were released of charges. 

The International War Crimes Tribunal for ex-Yugoslavia (ICTY) or the Hague tribunal,: on May 25th 1993, UN Security Council Resolution 827 was adopted, according to which the Hague Tribunal was founded with the objective to ‘criminally prosecute all individuals responsible for grave violations of international humanitarian law committed on the territory of the former Yugoslavia as of 1991’.

The International Tribunal for Rwanda: founded in 1994. The seat of the Tribunal is in Arusha, Tanzania. A very large number of drastic punitive measures has been pronounced so far. For the first time in history, a sentence for genocide was pronounced (Ayakesi).

International Criminal Court (ICC): the first permanent global body competent to hold trials of war criminals, based on their personal accountability. It was founded in Rome in 1998, as an international judicial institution for the prosecution and sanctioning of the gravest crimes: the crime of genocide, crimes against humanity, war crimes and aggression, yet only for those committed after July 1st 2002, when the tribunal began its activities. 

At the time when the Rome Statute came into force. The seat of this tribunal is in the Hague, and it has been ratified by 104 countries. Unfortunately, it has not been ratified by the great powers, such as USA, China and Russia.

Transitional justice within the institutional legal system framework – Serbia
The Law on Cooperation with the Hague Tribunal: adopted in April 2002 in the Assembly of the Federal Republic of Yugoslavia, which was renamed later into the State Association. Since the separation of Montenegro (May 2002), it has been valid in the territory of Serbia. The Law stipulates the precise obligations of Serbia, according to the UN Resolution 827, those being the following: allowing investigations on the territory of Serbia, providing the documents required by the tribunal, i.e. Office of the Prosecutor at the Hague Tribunal, cooperation of the domestic and the Hague Prosecution, as well as the obligation to arrest the indictees and to transfer them to the Hague.

The Law on Processing War Crimes
In 2003, the Law on the Processing of War Crimes was adopted in Serbia. The following bodies are in charge of processing the crimes: the War Crimes Prosecutor’s Office, the War Crimes Council of the Belgrade County Court, the so-called Special Court and the Department for the Detection of War Crimes of the Ministry of the Interior of Serbia.  So far, few cases concerning war crimes were conducted before the Special Court in Serbia.

Truth and reconciliation commissions
The most well-known mechanisms in the sphere of non-penal sanctions are truth and reconciliation commissions, lustration, the opening of secret files, damages/compensation, rehabilitation of victims, commemorations, the erection of monuments, apologies, moral restoration, etc.

The mechanisms at the state level will be presented in this part, while the civil society initiatives will be presented in the second part of the text. The following countries, in chronological order, have established truth and reconciliation commissions: Bolivia, Argentina, Uruguay, Zimbabwe, Nepal, Chile, Chad, South Africa, Germany, El Salvador, Sri Lanka, Haiti, Burundi, Ecuador, Guatemala, Nigeria, Sierra Leone, USA, Canada and Australia. The last on the list of countries to have established a Commission is FRY, and that will be discussed later.  The truth commission is an institution that has been in existence for more than thirty years and represents one of the best-known ways of acknowledging past crimes.

Compensation /reparation/ damages
Compensation/reparation can be individual or collective, in the sense that entire groups can be allotted material damages. Material reparations can be compensated between countries or within one country. Reparations can also be symbolic: public apologies, public commemorations, erection of monuments, etc. 

Institutional reforms: As previously stated, one of the main objectives of transitional justice is to enforce the rule of law, and a prerequisite for this is the reform of the existing institutions, in order to restore legality and trust. Here are the most important mechanisms that can be applied in the process of institutional reforms in the area of transitional justice.

 Illustration: This measure encompasses a temporary ban from public office for individuals who were involved in human rights violations in the past. The Law on Lustration was adopted in May 2003. At the time, its implementation was obstructed by the opposition in the Serbian Assembly. After a new government took office in the beginning of 2004, the implementation of The Law on Lustration came to a complete halt. The same situation remains after the election of new government since May 2007. The situation is similar in the other states of the former Yugoslavia: in Croatia, no lustration law has been adopted yet.

Other mechanisms of transitional justice promoted by civil society and adopted by the state due to pressure from civil society. The criminalization of Denial of the Past: Some countries have introduced legal regulations that criminalize the denial of the Holocaust and other acts of genocide. In ten European Union countries, the denial of the Holocaust is treated as a criminal offence: Austria, Belgium, Germany, The Czech Republic, France, Latvia, Poland, Romania, Slovakia and Spain. Unfortunately, none of the Yugoslav successor states have adopted laws that criminalize denial of genocide. Although human rights and peace organizations have urged a law, their demands have not been met.

 Symbolic Reparations: commemorations, monuments and memorials: this is the most widespread and the oldest form of recognition of  past suffering. In the period of transition from repressive regimes towards democracy, the number of commemorative places (ceremonies, museums, and archives) and rituals is increasing.

Naming and Shaming: the ritual of singling out, naming, shaming, and publishing names -calls on the perpetrators of crimes and their political masters to officially admit that what they did was wrong.

Reconciliation: taking responsibility for the past – primarily acknowledgement of past crimes, those that were committed in our name and only then all others. Reconciliation cannot be achieved trough denial, but only through the complete exposure of crimes and establishing accountability for them. 

Moral Renewal:  the processes of discontinuity, delegitimazation, and deconstruction of the criminal ideology in the name of which injustice and crimes were committed.

 Transitional Justice and civil society:
Therefore, civil society has the right and the responsibility (obligation) to:
•Work actively towards creating a just and lasting peace – especially if, in the period of transition, a political culture and social climate of impunity for past crimes continues to be one of the biggest obstacles to achieving a just and lasting peace;
•Constantly put pressure on state institutions to uncover crimes and punish the organizers, initiators, and perpetrators of war crimes;
•Monitor, evaluate, and assess the steps the government has taken to implement transitional justice;
•Strive against impunity and lack of punishment for past crimes. The denial of crimes allows the political, cultural, spiritual, and emotional climate that generated war and justified war crimes to continue.
•Build a culture of ‘accountability’ and ‘a culture of rights’ as opposed to ‘a culture of impunity.’ In a ‘culture of rights,’ citizens are responsible for respecting of human rights and protesting against human rights violations, etc.

Transitional Justice – A Feminist Approach
“We will not be fooled by our own, ‘I am responsible not only for my own actions, but for what is done in my name.” Women in Black

Serbia is facing numerous obstacles in implementing transitional justice. One of them is the lack of consensus within civil society concerning the Serbian regime’s accountability for war and war crimes in the former Yugoslavia. The ‘soft’ current prevails, insisting on the relative guilt of all parties involved in the conflicts, while a ‘hard-line’ minority insists on the primary responsibility of the Serbian side. Women in Black belong to this so-called ‘hard-line’ approach. This minority opposition is vilified.

 Women in Black - Belgrade began in October 1991, as a reaction to the warmongering and aggressive policy of the Serbian regime. Confronting the past and transitional justice are among the most important segments of the peace policy of this network and group. We have transformed our feelings of bitterness, shame, and guilt into acts of uncompromising resistance and civil disobedience. During the war, our activism meant confrontation while ‘history was unfolding,’ while criminal policies were occurring. Until October 2000, we protested against state-organized crime. We believed - and we still do - that the Serbian regime, the Serbian armed forces that committed numerous crimes, and the institutions that supported them bear most responsibility for the disintegration of Yugoslavia.

 After the fall of the Milošević regime, and especially after the assassination of Prime Minister Đinđić, in March 2003, Women in Black, with the segment of civil society striving against the denial of the criminal past, reacted against various institutional denials of the criminal past.

Why Do We Insist on a Feminist Approach?
First of all, the feminist approach to transitional justice does not deny or revise existing models of transitional justice. Women in Black attach particular importance to these models and methods, both theoretically and practically. The attempt to 'engender' justice is complementary and enriches the existing models and methods of transitional justice, but it also creates a new way to overcome the negative, criminal past. The most important features of the feminist approach are:
-The gender dimension in transitional justice - theory and practice. When we started this approach, we discovered a deficiency of experience of and theoretical research on justice from a feminist point of view. We tackled this problem;
-The visibility and appreciation of women’s resistance to patriarchy, war, nationalism, militarism, and above all, to the community and state they come from and work in;
-The visibility of women’s contributions to transitional justice processes – overcoming invisibility and the pushing of women to the margins as an act of feminist responsibility, but also rectifying the injustices inflicted upon a very large number of women who participated in nonviolent resistance to war and in reconciliation and peace building processes. In brief, the feminist approach involves continually recording women’s presence in resistance to war;
-Strengthening the autonomy of women through active participation in peace building. We strive to increase women’s visibility as peace promoters, not only as victims of war and violence;
-Transforming emotions into actions by turning bitterness, guilt, and helplessness towards the wars waged by the Serbian regime in our name into actions of civic responsibility;
-Creating a feminist ethics of responsibility through acts of public resistance, disobedience, and rejection of all forms of patriarchy, the root of all wars. We initiate public acts of resistance to all patriarchal authorities and structures that decide in our name and wage wars and conduct acts of violence in our name. Such acts also mean assuming responsibility for peace. They actively contribute to attaining a permanent and stable peace;
-Encouraging and developing a feminist ethics of care by transforming the patriarchal duty to care for ‘one’s own’ into an emotional, moral, and political choice. Care for others, most importantly the victims of crimes committed in our name, is an active policy of solidarity, trust, and peace. The feminist ethics of care aspires to achieve equal standards of law and justice and respects the role of relationships and emotions in the process of serving justice. This process violates all imposed and assigned identities and national consensus-es. It creates new forms of ‘belonging’ and ‘kinship;’
-Strengthening women’s solidarity by creating women’s coalitions for the punishment of all crime through the application of transitional justice and the creation of new forms of transitional justice, in keeping with international experiences, but addressing specific needs and requirements of the region.

Questions raised by civil society during the seminar:
-Do members of your community (political ethnic) know and are they aware of crimes committed in their name?
-What kind of pressure have you exerted on state institutions in order to publicize war crimes and bring those responsible to justice?
-Is genocide in Republika Srpska named as such and is there a consensus on the facts – that more than 8.000 Bosniaks were killed?

 Responses – summarized:
-there is no consensus concerning the facts (war crimes, responsibility for them) within civil society;
-there is no debate on this topic within civil society – it is swept under the carpet;
-responsibility is seen as a concern for the other community – responsibility is shifted to the other side in the name of a ‘higher purpose’
-abuse and manipulation of victims is prevalent;
-responsibility of the Dutch battalion should be re-examined;
-selective memory: memory is more precise in the case of crimes committed against one’s own nation, than against others.

What is necessary in order to publicly acknowledge the truth about war, war crimes and punishment of crimes:
-admit the problem: members of both communities must take responsibility for crimes of their own side;
-public acknowledgement of all three sides;
-accepting the fact (in Republika Srpska) that genocide was committed in Srebrenica.

How can we change the state of affairs?
We spoke of alternatives throughout the seminar, so we include here some responses that were mentioned in the oral evaluation/impressions on the last day of the conference (November 29th):

-actions of civil disobedience – this is the ‘key’
-organizing street actions – organized resistance;
-creating spaces to where fear can be expressed
-encouraging women’s energy to create peace because  ‘women were the initiators of peace even in war’
-we must be more aggressive and advocate peace more ‘aggressively’ 
-we want to question and challenge the current state of affairs, and take responsibility for the way we live;
-change models of actions, find new ones – question the way we work within our groups;
-encourage women’s resistance and strengthen the peace movement;
-encourage responsibility and accountability of civil society;
-act outside the ethno-national corps ‘go down the path of the minority of the people’
-distinguish between the actions of civil society and the state;
-influence institutions;
-it is necessary to discuss these topics: several participants (women) said they had heard certain things for the first time;
-support youth;

Women’s potential for reformist politics of peace and security. A new concept of security
Understanding the security situation in the world, even in the region, is based on new parameters that encompass security. Historic and political changes have led to the end of the Cold War, technological revolutions Asia’s entry into the global market. A revolution in communication, information technologies and transportation have accelerated interdependence and global integration. Globalization has changed the nature of threats to peace and security. Today, these are more interconnected than ever before, they endanger everything, they disregard borders and no single country can solve them alone.

The classical concept of security and conflicts among states is being abandoned, and the emerging concept of human security is understood: economic and social aspects (poverty, contagious diseases, ecological degradation); conflict within states (war, genocide), proliferation of nuclear, chemical and biological weapons, organized crime, instability in energy procurement.

Tectonic changes in the world have brought about a complete disorder in the balance of powers, and differences in perceptions and responses to new challenges. This has affected the fragmentation of the politics has not yet achieved a consensus on collective security, keeping in mind the differences, fear and mistrust, cultural prejudices and divisions, political conservatism, national protectionism and extremism as the main components. The future of the world will depend on the way USA and other major powers position themselves in relation to current challenges and opportunities.

Western Balkans and major security concerns
As a region, the Balkans have been one of the major global challenges over the last 15 years, which reflected new security risks. The Balkans have been the scene of the most brutal conflict in Europe since World War Two (starting in 1991, short in Slovenia than Croatia, Bosnia and Herzegovina, then NATO intervention in Kosovo in 1999). Since then, there has been a substantive change, will key roles of USA, EU and UN.

Peace was established following the signing of peace accord with the support and insistence of international factors: Dayton Accords (1995), the Kumanovo Agreement (1999), Ohrid Agreement (2001). With an overwhelming presence of international institutions (mostly UN and EU) cooperation between the newly formed states was established; trust-building is an ongoing process; return of refugees has been only partially successful; control has been established over weapons and borders. Most of the countries in the region have already established a partnership with NATO (Partnerships for Peace), which is the only true guarantee of substantive military transformation in the region. The Dayton Accords have precisely foreseen the extent of armies in Croatia, Bosnia and Herzegovina and Serbia. In the meantime the Bosnian army undertook a process of integration (with overwhelming resistance from Republika Srpska and Belgrade).

The prospect of EU membership was a mobilizing factor for democratic, political and economic transition. The process of stabilization and association which the EU undertook in the Balkans since 2001 was confirmed at the Thessalonica in 2003, along with extensive political, financial and technical support, they created a framework for the transformation of the region. In that sense, some states have already come a long way in the accession process. Slovenia is already a member state (2005), while Croatia began negotiations in 2005 and should complete them by 2009; Macedonia became a candidate country in 2005; while Bosnia and Herzegovina, Montenegro and Serbia began the negotiation process for the Stabilization and Association Agreement (SAA).

However, BiH remains a key link for security in the Balkans, since the integration of BiH into a single state is not yet complete. This makes the revision of the Dayton Accords crucial, although it still remains challenged by the Serbian side.

Following its independence, Montenegro successfully continued negotiations with the EU and NATO and will likely join the other countries in the region shortly. The elections in September and the gesture of Milo Djukanović (to leave on his own) proved Montenegro to be a politically mature country contrary to the expectations of many. Thus, the potential negative influence from Serbia was marginalized in the newly formed state.

Kosovo, which has been under UN administration since 1999 (with a significant presence of NATO troops) is in the process of formalizing its independence. The Security Council began the process that should resolve the future of Kosovo (meaning independence) most probably already in 2006 or early 2007 (with additional permanent military and civilian presence). The international community is not treating Kosovo as a Serbian-Albanian issue, but as an issue with wider implications for the region (which was also the reason for the intervention). The goal of the international presence is to secure a sustainable multiethnic democratic society which will join the EU in due course. I think that should be taken into account when one considers the issue of security of Kosovo and Serbia in the long-term.

Following the failure to adopt the Constitution, the process of EU enlargement is being questioned within the EU. Due to these reflections on the part of the EU, political integration may slow down because of weak governments and divisions concerning the nature of integration. EU is also directed by its experience with new member states, especially Poland and Hungary.

Besides, after the first phase of enlargement, the EU is preoccupied with its internal problems: rejection of the new Constitution and unemployment, alienation between citizens and governments, and fears of globalization. EU is also in the process of adjusting to the new economic reality in which a new paradigm should be found for the welfare state as a European legacy.

Serbia and the new security situation in the Balkans
Serbia is the only country in the Balkans that has not fully embraced a European orientation. After the assassination of Prime Minister Djindjić, who quickly put Serbia on a European path, the new government of Vojislav Koštunica chose a clear anti-European profile. Over the last three years the EU has maintained and insisted on European integration, and all the progress that has been made since the Djindjić assassination has been as a result of this. Koštunica’s government has basically established continuity with Milošević’s politics, enabling the return of SPS (Socialist Party of Serbia) and SRS (Serbian Radical Party), creators of war.

Constitutional government skillfully took advantage of the EU interest to keep Serbia on the Djindjić path, thus using as blackmail – leverage against the EU and its neighbors something that should have been, objectively speaking, a weakness. As a central country in the region, geographically, Serbia is still an important factor for regional stability, or instability. This has often been used in communication with the EU. The previous government of V. Koštunica has demonstrated a clear anti-European orientation, and in that sense, it has positioned Serbia as a neutral country leaning on Russia and opposed to EU and NATO membership.

Refusal to cooperation with the Hague Tribunal and the negative disposition toward solving the status of Kosovo make Serbia to me be one of the countries in the Balkans that is not ready to compromise in search of solutions, nor to take into account international standards.

Future challenges to security in the Balkans
The example of Bosnia shows that ethnicity as a principle, in other words, division along ethnic lines does not yield results in the contemporary context. Furthermore, it brings into question universal values which the democratic international community stands for. Establishing and maintaining a multiethnic society does not have an alternative, therefore, the decision by the international community to enforce a solution in case the main stakeholders do not come to an agreement is not just right, it is the only one.

It should be noted that the independence of Kosovo is a logical epilogue of the relationship of the Serbian state toward Kosovo during the XX century, especially in the last 20 years. The current Koštunica government, just like the ones before it, ignores or subordinates Albanians in all its suggestions. This is indicative, since the Serbian political elite never seriously considered a democratic coexistence with Albanians. Koštunica and his associates see Kosovo as a territorial issue, which is essentially a continuation of Milošević’s politics and a comeback to the state of affairs before 1999.

We must keep in mind that over the last six years, Kosovo has transformed into a dynamic and vibrant society. However, its legacy and unresolved status are hindering progress. Abundant energy is being invested into the issue of status, while ordinary citizens face existential problems.

The Serbian side insists on the status quo for a number of reasons. One of which is keeping the Kosovo issue open, maintains Serbian nationalism as the only political vision. At the same time, this reflects Serbia’s inability to deal with its own problems, primarily with its internal composition. The fact is that Serbia is still using the Milošević Constitutions which introduced the break-up of Yugoslavia. If Serbia does not decide on a modern constitution, the old one could serve as an overture to the disintegration of Serbia, because it has blocked the energy and initiative of its citizens.

Serbia abandoned Kosovo 30 years ago, because it was never truly prepared to govern it democratically. That is why it definitely lost Kosovo in 1999 by force. Citizens of Serbia are aware of this. However, the elite is exploiting the Kosovo myth emotionally, and the myth is strong enough to serve as a mobilizing factor for nationalist politics. Even that is not so relevant any more. Only Kosovo Serbs are loosing because of the current black-mail politics of Belgrade. Their instrumentalization serves only to demonize Albanians and prevent their independence.

This strategy makes it impossible to publicly promote the awareness that an independent Kosovo is essentially in Serbia’s best interest. It would be in Serbia’s best interest to be the first to recognize Kosovo and enable a normal relationship between Serbs and Albanians, and its own state and political consolidation. This acknowledgement would go a long way in improving the position of the Kosovo Serbs. Albanians are a dynamic people in biological expansion who want to integrate into the region and Europe. We should offer our hand and make use of their energy and entrepreneurship.

The international community has always had a tendency to overlook the obvious when Serbia is in question, and it still does but to a lesser degree, merely because Serbia is a central country in the Balkans. Serbia is a politically and geographically relevant country in the region, especially as a long-term destabilizing factor in the Balkans. However, Serbia has yet to come to terms with its self, and through a process of democratic transformation, in order to became a regional player that EU wants it to be and that it deserves to be. It would be detrimental to skip this process, because that would leave a potential for future misunderstandings and decrease the chances of a normal situation.

The negotiations in Vienna have shown that the Serbian delegation does not accept the reality in Kosovo and that it is not ready to accept the consequences of the Milošević regime. They expect Albanians to compromise an unrealistic offer.

Because of all this, I firmly believe that Albanians should turn to the Kosovo Serbs and offer an honest hand of reconciliation. The fact is they have a very lively exchange, but far away from media attention, because the Belgrade government wants to show that there is no communication, at all costs. The international community should also devote attention to the Kosovo Serbs by strengthening and supporting their autochthonous elite – autonomous of Belgrade, and enable their economic survival.

It is important to point out a very intensive communication between Kosovar and Serbian civil societies, especially among young people. This has been going on for a couple of years now, and it should be put into work for a multiethnic Kosovo. Exclusive communication with a nationalist elite on both sides has been disastrous for liberal Balkans. Because of alleged political marginality, the international community has added to this marginalization. Also, the international community should take care, because of other, old and new conflicts in the worlds, and not abandon the Kosovo issue, because it could re-emerge in the future as a boomerang.

Kosovo is another historic test, whether Europe can resolve an issue in relevant manner. When bringing the Balkan issues to a closure, it is important to maintain principles that will guarantee a stable future. The long-term perspective should not be sacrificed for quick and easy solutions.

Insisting on decentralization as interpreted by Belgrade is essentially a division of Kosovo. If the international community was to agree to such an arrangement it would lead to de facto ethno-territorial separation, with Serbs governed by Belgrade without reference to Prishtina. Partition or anything close would trigger a new wave of violence, and mass displacement that would adversely affect the region. It would destabilize southern Serbia, western Macedonia and Bosnia.

The fact remains that Serbs are frustrated by the outcome of all the wars and the break-up of Yugoslavia. They have lost politically and morally, but not in terms of territories. The notion that it is necessary to compensate the loss of Kosovo by holding a referendum on leaving Bosnia among RS citizens, which is consciously publicized by the Belgrade leadership in order to blackmail the region and the international public, is politically dangerous and morally wrong.

This sort of a destructive political game also strives to render all international efforts over the last 15 years, useless. Serbs need compensation, but of another kind: their self-imposed isolation should not be allowed, because that is the hold Serbian political parties have on Serbia. It is crucial not to allow the Belgrade regime to force its dangerous and destabilizing politics on the region – once again.

No doubt that Serbia, and all the Balkans, have a European perspective. However, even after it resolves the issue of borders, Serbia will still have to face the serious problem of crime and corruption, which is also the biggest problem in the region. Additionally for Serbia this means that cooperation with the Hague Tribunal is imperative. General Mladić is not “just another General” as they often say in Belgrade. He is the symbol and the executor of criminal policies which include the most horrendous of all crimes, the crime of genocide. That is why a long-term and far more sophisticated platform is needed for a society that is incapable of dealing with corruption and crime.

Towards a feminist concept of security – the experience of women in black
Women, Peace, and Security – Resolution 1325 – A Short Summary of Activities

Since the beginning of our work, Women in Black has worked for different forms of demilitarization on the institutional and cultural-spiritual levels, through street actions, education (conferences, seminars, and workshops), legislative initiatives, and publishing activities. We have written our alternative history. Although only in recent years have we dedicated special attention to the issue of security, our feminist-antimilitarist activities have always criticized the traditional militarized understanding of security. Most importantly, we have built a different concept and practice of security through our antiwar actions, demands for accountability for war and war crimes, campaigns for conscientious objection to compulsory military service and military expenses, and legislative initiatives.

Campaigns – Resolution 1325, Women, Peace, and Security was a Women in Black resolution submitted to the Serbian National Assembly on October 31, 2005, the fifth anniversary of the adoption the UN Security Council Resolution of the same name. We presented our resolution to a group of civic-minded women National Assembly members. Our resolution contains the basic demands from Resolution 1325 as well as demands specific to the political circumstances in which we live. The text of Resolution 1325, as well and Women in Black’s Resolution appear later in this publication.

October 31, 2006: resubmitted our resolution to the Serbian Assembly, which had not taken the ‘Women, Peace, and Democracy’ Resolution into consideration, illustrating the undemocratic character of the current Serbian government.

October 31, 2007: resubmitted our draft resolution to the Serbian Assembly. We also held a press conference in which we presented results from research on women, security, reproductive rights and transitional justice. The day also included a street performance in front of the Serbian Assembly Building and the promotion of the Serbian language edition of publication 'From a Traditional  to A feminist concept of security- Resolution 1325' .

 Draft Resolution, An Initiative by Women in Black, Belgrade. The National Assembly of the Republic of Serbia

-Starting from the expressed wish of Serbian citizens to live in a prosperous and democratic state in which , security is guaranteed to every human being on the basis of the full equality of citizens;

-Keeping in mind that on October 31, 2000 the United Nations Security Council passed Resolution 1325 which insists on the importance of women’s participation and the inclusion of a gender perspective in peace processes, protection of women in crisis areas and war zones from violence, particularly sexual violence, and the inclusion of a gender perspective in peace treaty application mechanisms;

-Taking into consideration United Nations General Assembly Resolution 53/144, and the European Parliament Resolution ‘The Holocaust, Anti-Semitism, and Racism;’

-Believing that the interest of all Serbian citizens in peace and security are the highest state and national interests;

-Knowing that without affirmation of women’s interests in active and effective participation in establishing lasting and stable peace and security for all members of the community, there is no possibility for insuring the protection of peace and security;

-Taking into consideration the tragic experiences from the period of war in which our country participated;

-Taking into particular account our own responsibility for the future of the Republic of Serbia and its citizens, and the interests of peace, stability, and security in the country, region, Europe, and the world,

The National Assembly of the Republic of Serbia is passing: The women, peace, and security resolution

1.The National Assembly of the Republic of Serbia expresses and confirms resoluteness to accept recommendations for its legislative activities from the same-named United Nations Security Council Resolution, in particular:

-To secure through legal solutions the adequate participation of women on all levels of decision-making in national, regional, and international institutions and mechanisms for conflict prevention and resolution,

-To support and prompt the resolution of conflicts on the national, regional and international levels without the use of force and violence,

-To acknowledge the importance of peace initiatives begun by civil society,

-To begin taking measures to secure the protection and respect of women’s human rights and the highest standards of security for all citizens, particularly citizens engaged in defending human rights and promoting the democratic and civic values of the contemporary world.

2. The National Assembly of the Republic of Serbia expresses its conviction that the conditions for establishing a lasting peace and full security for Serbian citizens will be created only by full and consistent protection of human rights, particularly women’s human rights, with respect for the rule of law and with economic prosperity and special attention to social justice and the protection of victims of the previous period marked by war and war profiteers. It is therefore showing decisiveness that it is doing all in its power for these conditions to be realized as soon as possible.

3. The National Assembly of the Republic of Serbia declares that the following is necessary to attain security for all citizens:

- Consistently enforcing the constitutionally established principle of separation of church and state. Religious communities should not make decisions about the educational system, the healthcare system, or women’s human rights, particularly reproductive and sexual rights. Traditional common law, which most endangers women’s human rights, must not be rehabilitated in the name of preserving identities or culture, independent of whether majority or minority religious communities are in question.

- Effectively applying The Family Law, condemning violence against women, and uprooting the culture of war which legitimizes violence against women and other less socially and economically powerful people.

- Revoking The Law on Assistance to The Hague Indictees and Their Families and redirecting those funds to humanitarian usage, most importantly to families of the victims of war and educational projects for peace, nonviolence, and interethnic and intercultural solidarity.    

- Making restitution and providing compensation to families of victims of war using property confiscated from people convicted for war crimes and high-ranking individuals in the regime that ruled Serbia until October 5, 2000 who participated in the unlawful appropriation of property and other forms of plundering the national wealth.

- Criminalizing the denial of war crimes in the wars from 1991 to 1999, including the genocide in Srebrenica, patterned on the criminalization of Holocaust denial on the basis of recommendations from the European Parliament Resolution ‘The Holocaust, Anti-Semitism and Racism.’ (P6_TA-Prov 2005/0018).

- Strictly applying constitutional and legal regulations which prohibit and condemn all discrimination on religious, ethnic, or any other basis.

- Establishing democratic civilian control over the armed forces (the army, security agencies, and police). Only the National Assembly establishes the national interests of the country and only it—not the army or police—makes decisions about the security situation in the country.

- Taking more control of security agencies and consistently applying The Law on Lustration and opening secret dossiers, keeping in mind that these agencies do not infrequently endanger the security of a large number of citizens, particularly human rights defenders.

- Stopping the trend towards the privatization of armed forces and security agencies that is shown in the unregulated flourishing of private security agencies and their effort to revoke the state monopoly on the legal use of force.

- Respecting the rights of human rights defenders in accordance with the UN General Assembly Resolution of March 8, 1999 (53/144, annex) and taking legal measures to secure the rights of individuals, groups, and associations that advance respect for human rights and spread knowledge about human rights nationally and internationally.

 Belgrade, October 31, 2005, Women Human Rights Defenders
Male and female activists from throughout Serbia participated in the Women in Black “Women, Peace, and Activism’ seminar held May 18-20, 2007 in Totovo Selo in Vojvodina.  Activists involved with women’s and peace movements, nonviolence, and respect and advancing human rights addressed the issues of the increasing danger to the security and safety of fighters for human rights.

 The goal of the ‘Women, Security, and Activism’ seminar was to analyze the condition of women’s human rights defenders in Serbia, identify the dangers and threats that these defenders face, and seek ways and to minimize these dangers. At the seminar, a subset of women’s human rights defenders who are especially at risk was identified.  According to participants’ analysis, this most threatened group is women activists who confront the past, lesbian activists who work for the rights of sexual and gender minorities, women activists who are sexual minorities, and activists who fight against patriarchy.

 It was stated at the seminar that human rights defenders are marginalized in society and within civil society and their families.  They have a high profile in their surroundings.  They are exposed to systematic media campaigns against them and attacks from government representatives and non-state actors.

 Participants in the discussion took care to emphasize that they are struck by the insufficient organization and coordination, conceptual disagreement, squandering of energy, and distrust and rivalry within the nongovernmental sector.  This happens especially when approaching donors, who are still practically the only source of financing for NGOs.  This has serious consequences for NGOs’ positions and subjects them to disfavor in their surroundings.  It also affects the amount and quality of their activism.

Showing readiness to strengthen activity through the eliminating their own unresourcefulness and mistakes, activists noted that to improve the performance of NGOs, it is necessary to:

•Fight to express our own identities as champions of resistance to the criminalization of society;

•Work to change the media image of NGOs;

•Increase the size of NGOs’ actions and influence the media to react to them;

•Energetically work to build and strengthen solidarity as a very important value within civil society;

•With more dedication, expertise, and openness; educate others within civil society.  Civil society frequently becomes careless about educating others.

•Respond to pressure and perfidious forms of mistreatment in politics and public life more generally through consistent actions, not only sporadically;

•In communication with institutions and organizations in this country and abroad—including donors— illustrate the phenomenon of the transformation of the civil sector into a prolonged arm of the state.

Seminar participants emphasized that it is important to increase pressure on the government and other state institutions to adopt, apply, and respect the numerous international documents signed by the state of Serbia.  Additionally, NGOs will continue to urge that human rights defenders be respected and accepted as a legitimate type of people’s involvement in a democratic society. They should not be described as traitors or enemies deserving of marginalization and demonization. 

 Activists in the seminar offered ways to improve their security:
1. Campaigns are necessary to change the image of marginalized and despised groups in Serbian society.
2. More interpersonal solidarity among all nongovernmental organizations is necessary.
3. Trainings should be organized to promote a culture of security for women activists.
4. The Serbian Parliament should adopt a declaration which protects the rights of women human rights defenders in keeping with UN Security Council Resolution 1325 ‘Women, Peace, and Security’ and the UN Declaration on Human Rights Defenders.

Draft platform on the protection of human rights defenders in Serbia
Noting that violence and a lack of tolerance and respect for others – especially ethnic, religious, and sexual minorities – has become dominant in behavior and communication in all segments of modern Serbian society, seminar participants emphasized that the media and state institutions, especially The Prosecutors’ Office and the Ministry of Justice act with impermissible benevolence and approval towards this social climate. They even build relationships with political parties.  In this way, these institutions express and confirm their lack of readiness to confront the causes and consequences of the wars and war crimes committed in our name in the former Yugoslavia.
 
Women activists with nongovernmental organizations that work for discontinuity with the criminal past and for respect, protection, and the advancement of human rights as an essential part of safeguarding the dignity and integrity of individuals, groups, organizations, and society as a whole are especially exposed to prosecution, public stigmatization, belittlement, and even physical attacks.

Women who every day work and fight for their rights, the rights of other women, human rights, and the rights of everyone who is subject to discrimination marginalization, injustice, and violence—women who oppose the prevailing norms—are subject to risks.  Patriarchal structures isolate and silence human rights defenders.  The women in this group are exposed to an additional risk of violence and injustice.  Crimes committed against women defenders go unpunished.  This leads makes it possibility to exclude these women from communities and society as a whole.

The acceptance of these risks for women human rights defenders becomes disregard for their engagement in defending human rights.  Traditionally, the media considers asking most human rights organizations and networks, unions, and political parties specific questions about women’s rights an unnecessary division and disregard for “more universal and more important” issues.  This tendency isolates women’s human rights as well as their defenders.


The best protection for human rights defenders is the fulfillment of all human rights, without hierarchy.  Human rights defenders are endangered by an atmosphere of growing political repression, authoritarianism, and militarization of the state.

The government, NGOs, and other actors in civil society should protect human rights defenders in keeping with The UN Declaration on Human Rights Defenders and other international instruments and mechanisms.  Protection mechanisms should confirm the principles of equality and non-discrimination.  They should forbid culture or religion to be used to justify inequality for women.  Activists should be protected in all fields of their work, in the public and private sphere.  All state and non-state actors should be involved with this.

Because of this, We Demand that the Government and Serbian Assembly:

Annul all laws and decisions which violate women’s and human rights and threaten human rights defenders, actively apply the principles of The UN Declaration on Human Rights Defenders, and make it possible for women to have equal rights to fight for human rights and all other rights.

Effectively punish state and non-state actors who misuse criminal laws or use the media or other groups to hurt human rights defenders or prevent them from defending human rights and freedoms.

Secure means for the protection and promotion of human rights defenders and their rights.

 We Call on the UN and International Human Rights Groups to:

Create new mechanisms of citizens’ responsibility for violence against women and women human rights defenders.

Support of the mandate of the Special Representative of the General-Secretary on The Situation of Human Rights Defenders and assurance that women human rights defenders are a focus of their work.

We call on the Office of the UN High Commissioner for Human Rights to perform monitoring.  We call on state institutions, including national commissions for human rights, the consistent application of UN recommendations about human rights defenders and human rights, especially women human rights defenders.

 We Call on Human Rights Organizations, Civil Society Movements and NGOs to:

Protect everyone who is under pressure because they defend human rights, especially those who confront the past, work for the rights of sexual and gender minorities, are members of an ethnic minority, or work in rural areas without public protection.

Formulate programs and direct funds to the protection of human rights defenders and respond to violence against women human rights defenders motivated by gender.

Allow women human rights defenders their freedom of choice and consult both women and men human rights defenders about issues of their security.

We Call on the Media to:
Respect the integrity of human rights defenders.
Not tolerate, but react to every violation of the human rights of human rights defenders, in accordance with the journalistic code of practice and professional ethics.
Show special sensitivity to women human rights defenders and those whose rights they support.
 
Belgrade,June 14th 2007
Women in Black—Belgrade; Yukom, The Lawyers’ Committee for Human Rights, Belgrade

The Anti-Trafficking Center (ATC), Belgrade. Joined by: The Women in Black Network—Serbia from Bor, Vranje, Vrbas, Vlasotince, Velika Plana, Dimitrovgrad, Zaječar, Kikinda, Kraljevo, Kruševac, Leskovac, Novi Sad, Novi Pazar, Novi Bečej, Niš, Pančevo, and Tutin. Hera Women’s Club, Bačka Topola; The Youth Initiative for Human Rights, Belgrade; The Incest Trauma Center (ITC), Belgrade; The Autonomous Women’s Center (AŽC), Belgrade; Voice of Difference, Belgrade; The Reconstruction Women’s Fund, Belgrade; Feminist ’94, Belgrade; The Queeria Center, Belgrade; The Roma Women’s Network, Belgrade; Hora—A Group for the Emancipation of Women, Valjevo; The Belgrade Center for Human Rights; Urban In, Novi Pazar; and Zorana Šijački.

Women in Black’s Feminist-Antimilitarist Concept of Security
This concept means:
•Analysis and criticism of war, peace, and security from a gender viewpoint – patriarchy created war. War is seen as a main factor that takes away and violates human security.
•Peace is the absence of violence against women, not only the absence of war. After wars, warlords and repressive political, economic, social, and all other patriarchal structures endanger the security of women and everyone who does not have social and political power.
•The subjects of security are citizens. Human needs, freedoms, and rights—not territory and the state—are the basic goal of human security. Consequently, it is necessary to create a theory and practice of human security informed by the everyday extremely negative experiences of people related to the traditional concept of security.
•Demilitarization on all levels. This means decreasing military and police expenditures and redirecting the money to the civil sector. When military expenses are higher, security is lower.
•A just distribution of resources. Security can only exist if national wealth is used – not for guns and bombs – but for health and human welfare.
•Establishing civilian and democratic control over the armed forces, military, police, and security services, with the ultimate goal of eliminating the military and armed formations.
•The application of transitional justice laws, the punishment of all war crimes, The Law on Lustration, the opening of secret dossiers, and changing the dominant nationalist-militarist cultural models and educational system.
•The right and obligation of civil society to put pressure on institutions to establish a just peace and human security.
•Protecting the rights of human rights defenders, recognizing the threats against them in Serbia.
•Resistance to social control of women. The state endangers security much more than it protects it. The state and its institutions endanger women. Women do not trust any state agencies or government institution. Consequently, the state is a false protector of women, in wartime and peacetime (Eric Blanchard).
•Women’s rights to self-determination, the right to reproductive and sexual rights.
•Nonviolent resistance to nationalism, militarism, fundamentalism, and all forms of discrimination. Women are active subjects of change, not passive and powerless victims.
•Women’s joint work against militarism, above and outside of state and national borders and barriers in the goal of creating a world without military violence and all other forms of violence.
•Creating new forms of security from a gender perspective through the feminist ethics of care, the feminist ethics of responsibility, actions for peace and solidarity, and nonviolence on the global and regional level.




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