Jankovic: Any other complaint - the work of the administration BELGRADE - In the past year, the citizens of Serbia is the most annoying slow, inefficient and arbitrary administration, given that it applies to any other complaint to the Ombudsman. From 4310 until now resolved complaints in 2014, even 2057 (47.73 per cent) related to a violation of the elementary legitimate work, to protection silence of Administration and the proper and efficient conduct of the authority, says Ombudsman Sasa Jankovic in the annual interview for Tanjug. According to him, followed by complaints of violations of economic, social and cultural rights (1,629, or 37.80 per cent), special rights of vulnerable citizens (790, or 18.33 per cent) and civil and political rights (767, or 17 80 per cent). What does that say about the general situation of human rights in Serbia, Jankovic has a twofold - there are positive developments in certain matters, such as the work of the Government Office for Human and Minority Rights, a number of projects, action plans and strategies which have been launched, while the other side has and phenomena that simply trampled all these declarative acts, announcements and plans. As a concrete example Jankovic said the recent decision of the Minister of Labor, employment of, Veteran and Social Affairs Alexander Vulina to two million earmarked for the work of NGOs in the field of social protection, redirect to the Fund for the treatment of rare diseases in children. As he explained, the state several years ago committed to the health, social, integrative and protection services for people with disabilities, socially disadvantaged and others who need special help companies not only provided by the state authorities, but also the civilian sector. And that was the good part of the plan, which is something that is positive. And then everything that happens to tender for such organizations to provide services, in this case, social assistance, to be an extreme manner complained of is implemented and that when it is detected, the Minister declares that two million will be spent in For this purpose, but in a completely different, said Jankovic. Jankovic said that in last years report said that in Serbia there are individuals who are stronger than institutions, stressing that it could not possibly be an indication of respect for human rights and the rule of law, but that the political will is more important than the law. If we manage to behave in a particular situation and to decide as it is written in the programming documents and in-laws, then I will more easily be able to say that the steps forward in the field of human rights. At the moment it is more declarative, said Jankovic. Yes there is a possibility to change such practices shown by the fact that the authorities remove more than 90 percent of the failures identified in the proceedings that the Ombudsman initiated on the basis of numerous complaints on its own initiative, but that it is the first time in seven years the Government of Serbia has shown interest to determine which are the non-performance of the recommendations of the controlling authority, Jankovic said. The first time the Government of Serbia collects information from ministries of outstanding recommendations on how to file a report to the National Assembly. Seeking answers from their ministers why they did not (make a recommendation) and it shall inform the National Assembly, which I think is a very good sign, said Jankovic. However, according to him, Serbia lacks the ability to its citizens, to consider their complaints, first turn the lower level, and only then, if that fails, the Ombudsman. What we lack and what government should do, and I suggest amendments to the Law on Ombudsman, is that the Ombudsman and in practice, not just on paper, should be the last resort where people pay when they have exhausted all possibilities and have not encountered satisfactory answer, Jankovic said. He explained that in many sectors there is no previous mechanisms for reviewing complaints of citizens, stressing that the establishment of a system to eliminate their flaws become much more efficient. Speaking about the recently adopted Law on whistleblowers, Jankovic said that the protection of whistleblowers crucial not only in the fight against corruption, but also for the wider social interests. Although he expressed the hope that the law, once it enters into force, to achieve the goal, Jankovic said that this legal solution differs in some important aspects of the decision which was compiled by a working group of which he was a member. What I thought differently than the creators of the current law is that it must be ensured not just judicial protection, considering the situation in which our judiciary is, but that it must be the alternative, before any other authority, provide prompt and effective provisional protection, until the court issues a final decision, Jankovic said. He added that he believed that the whistleblower must provide protection and in relation to acts of employment or to whistleblower protection against dismissal and move to another, lower or remote workplace. There are still a few differences, but I can not say that my attitude and my attitude working group that the only relevant and good. I hope that this time we are wrong and that they will prove that Serbia has received a quality and serious law, Jankovic said. In late November, the Ombudsman announced that it will participate in the work of the Commission for cases of missing baby though, as he believes that this is a theme that celebrates the past and present of our society without whose solution will not be able to move on. Wishing success of this committee, Jankovic explained that he could not participate in its work for several reasons, primarily because the committee will be formed by a special law, which will be limited investigative powers and independence. According to him, four years ago, expressed the view that the investigation of missing baby must be regulated by law, because it would thus organ that investigated the case, received serious investigative powers. Investigative powers and independence of the Commission can be provided only by special law, and I wonder whether the committee was formed at a lower level, bylaw, established by the Government, will be able to fulfill these requirements, said Jankovic. It also underlined the Ombudsman, it is necessary that parents of babies, after the investigation, they really believe in the credibility and outcome of this procedure. Another reason, of a formal nature, is that the Ombudsman, as an independent body, can not participate in the work of the body formed by the Government of Serbia, he explained. But Id like to, and in this case Im wrong and that it is possible, if the Government of Serbia formed the commission that she still finds a way to get to the truth in each case, and that truth as relevant, accurate and complete accept and family said Jankovic. In the interview he gave on Thursday, when asked whether they would react to the decision of the City of Belgrade on the basis that those who do not pay fines for public transport are included in a single record offenses in misdemeanor courts, established by the Law on Misdemeanors, Jankovic said that public transport must to get paid, but recalled that the breach of monetary obligations under the contract of carriage, or any other contract, there is a way and enforced collection and tort liability has no place in contractual relations. First of all, public transport has to be paid. Nothing that I say below this response should not serve as an excuse to public transport does not pay. But the way that will ensure that public transport is paid is something else entirely, said Jankovic. According to him, the Serbian Constitution forbids that human rights are disproportionately limit. I think we have, or at least should have, execution system, which ensures that the punishment for unpaid ride public transportation pay, just the way it regulates the Law on Obligations and other regulations governing the relationship of carriers and transport users, said Jankovic. I can not be added Jankovic, limiting a constitutionally guaranteed rights because someone does not execute the contract, which came when he entered public transport. Because of the non-performance of the contract can not prohibit someone from leaving the country. Disproportionately and is disproportionate. We have courts, enforcement proceedings and lawsuits that it must be resolved. We can not because we one system does not work well disturb the others. I suppose it is necessary that the system is not functioning, the billing system of penalties, establish a right, Jankovic said. The Ombudsman is said to be due to these, he said, principled reasons and obligations to protect the constitutionally guaranteed rights, addressing the Constitutional Court to review the constitutionality.
Posted on: Sun, 07 Dec 2014 11:49:22 +0000
Recently Viewed Topics
© 2015