AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

FACTS OF THE CASE:

A new law passed by the Serbian Parliament on 26 May 1998, and signed into law two days later, seriously undermines academic freedom and the autonomy of Serbian universities, bringing them under the direct control of the government. The Serbian Law on the University gives government authorities the power to appoint rectors, deans, and the governing boards of all public universities without input from university faculty, and it allows the government to shut down the universities at its discretion. In addition, it requires all faculty members to sign new contracts, nullifying existing employment agreements, including tenured positions. Under the law, newly appointed deans are not required to justify hiring or firing decisions, and the Minister of Education must approve the appointment of full professors. Since its implementation, professors who have opposed the law or criticized the government have been targeted for dismissal.

Hundreds of university professors have signed declarations opposing the new law and have refused to sign new contracts while their existing contracts are in effect. The new contracts have been criticized as, in effect, requiring academics to pledge their loyalty to the government. Those who refuse to sign are at risk of retribution.

Government appointees, many of whom have strong ties to the ruling political parties in Serbia, have replaced university rectors, deans, and members of governing boards. The University of Belgrade, the center of recent student protests, has been particularly affected by the new law: sixteen of the thirty deans at the University of Belgrade have been replaced during terms of valid contract. Four have resigned in protest and twelve were forcibly removed. None of the replaced deans were members of opposition parties, although a number took part as individuals in campus-based protests in 1996-1997. Fifteen of the sixteen newly appointed deans are members of the ruling parties.

Some of the changes that have occurred since the law was signed include:

• The appointment of the president of the SRS, an ultra-nationalist party, to the governing board of the Faculty of Law and the Faculty of Economics. In late August and early September, four law professors became the first direct victims of the new law; Vladimir Vodinelic, Dragoljub Popovic, Dragor Hiber, and Mirjana Stefanovski were fired from the Faculty of Law of Belgrade University;
• The appointment of Radmilo Marojevic as the new dean of the Faculty of Philology. Also a member of the SRS and a junior professor of Russian, Mr. Marojevic determined that prominent linguistics professor Ranko Bugarski, who is a critic of nationalists policies, was no longer eligible to work at the University, even though he had signed a new two-year contract in May 1998. Although Professor Bugarski has the support of other faculty members, under the new law, Marojevic has the authority to nullify his contract. While the consequences of Marojevic's efforts are not yet clear, such arbitrary actions have a significantly negative impact on the academic climate;
• In the Faculty of Electrical Engineering, the new dean stripped renowned scientist, Professor Slavoljub Marjanovic, of all "all rights and obligations ? for the subjects of electronics I and II." A critic of the new law, Professor Marjanovic was subsequently fired; and
• In the Faculty of Political Science the new dean announced that all teaching appointments made in the last twenty years would be reviewed.

  The Serbian Law on the University is part of a general crackdown on the political opposition and has been accompanied by a crackdown on independent media across Serbia. Because coverage of the new law in government-controlled media has been strictly limited, the coalitions of faculty that have formed to protest the law have had difficulty getting their message to the Serbian public. Demonstrations opposing the new law have been met with violent resistance from security forces.

  Proponents of the new law have given different justifications for the unprecedented assault on university autonomy. Public justifications have included promoting Serbian character and culture, and "depoliticizing" the campuses from above. Support for the law has come primarily from individuals or groups affiliated with the three political parties that currently form the ruling coalition in Serbia.

  The new law abolishes the autonomy of Serbian Universities and destroys academic freedom. For almost two centuries, Serbian officials have respected the principles of academic freedom and the autonomy of Serbian universities. Under the new law, university faculty are not provided the opportunity to respond to allegations made against them by new university officials, who are dismissing individuals without benefit of due process during terms of valid contract.

  The dismissal of professors for exercising their right to freedom of opinion and expression is contrary to the International Covenant on Civil and Political Rights, which was ratified by the former Yugoslavia, and to which the Federal Republic of Yugoslavia remains a State Party. These include:

  • Everyone shall have the right to hold opinions without interference (Article 19.1);
  • Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers . . . (Article 19.2);
  • The right of peaceful assembly shall be recognized (Article 21); and
  • Everyone shall have the right to freedom of association with others?(Article 22).

  In addition, the Serbian Law on Universities seriously infringes academic freedom and removes all safeguards for academic autonomy.

  (Sources of information for this case include the Belgrade Center for Human Rights, the Belgrade Circle NGO, the Association of European Universities (CRE), Human Rights Watch Academic Freedom Committee, and the Lawyers Committee for Human Rights.)

  RECOMMENDED ACTION:

  Please send telexes, telegrams, faxes, or airmail letters:

  • Urging the Serbian government to repeal the Serbian Law on the University and restore autonomy to universities in Serbia;
  • calling on Serbian officials to guarantee the rights of professors and students to freedom of opinion, expression, association and assembly without fear of reprisal; and
  • requesting that all professors and teaching staff who have refused to sign new contracts while covered by terms of previously valid contracts be reinstated to their original positions.

  APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

  Mr. Slobodan Milosevic
  President of FR Yugoslavia
  Fax: 011 381 11 60 32 45 or 011 381 11 63 65 24
  

  Mr. Momir Bulatovic
  Prime Minister of FR Yugoslavia
  Fax: 011 381 11 63 71 85
  

  Ministry of Internal Affairs of FR Yugoslavia
  Mr. Zoran Sokolovic
  Fax: 011 381 11 64 18 67 or 011 381 11 68 59 37
  

  Mr. Milan Milutinovic
  President of the Republic of Serbia
  Fax: 011 381 11 68 21 67 or 011 381 11 65 68 62
  

  Mr. Mirko Marjanovic
  Prime Minister of Serbia
  Fax: 011 381 11 65 73 79 or 011 381 11 65 96 82
  

  Mr. Vlajko Stojiljkovic
  Ministry of Internal Affairs of Serbia
  Fax: 011 381 11 63 63 14
  

  Mr. Oliver Antic
  Dean of the Law School
  University of Belgrade
  Fax: 011 381 11 322 12 99
  

  
  

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