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Issue Country: Serbia Subject: Academic Freedom Alert Date: 28 September 1998 Case Number: SE9813.Aca Human Rights Issues
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 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:
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), the Academic Freedom Committee of Human Rights Watch, and the Lawyers Committee for Human Rights.) |
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