
From Serbia resolves to ban neo-Nazi activities (SETimes.com)
Last month, the Serbian parliament passed a law banning neo-Nazi and fascist organisations from gathering at events and using Nazi symbols. Adopted by parliament on May 29th, the law bars those convicted of war crimes before The Hague tribunal or in domestic courts from spreading ideas. The law also prohibits the fuelling of national, religious and racial intolerance.
So it seems to be a pretty standard EU style anti-Hate Speech law, except for this strange direct reference to the Hague Tribunal.
…The League of Social Democrats of Vojvodina (LSV), a member of the ruling coalition, proposed the law. Nenad Canak, LSV leader, said the new law is “a big step for democracy and for Serbia’s path to Europe”.
Canak told Serbian media that “all who call for the persecution of a national or religious community or a church will be legally prosecuted,” and explained that “Serbia is not a fascist country, but a country that has fascist organisations.”
Or a church? I wonder if they have sneaked in a religious intolerance provision that protects the Serbian Orthodox Church (and others) from criticism?
For example, could the recent media circus surrounding the beating of recovering drug addicts at a church centre be classified as “fueling religious intolerance”? One Irish friend of mine recently wrote on Facebook that she “wishes her son did not have to attend a school run by the world’s largest paedophile ring” (i.e. the Catholic Church). Would that be hate speech in Serbia now?
The sentiment of the law appear to be spot on…
According to Canak, the government should fight such groups in their infancy, before they emerge on the country’s social or political scene.
…But the threat is minor and this law, like all these sorts of laws, is ripe for abuse and curtailment of rights rather than an effective weapon against Serbia’s tiny problem of Neo-Nazis.
The best way to defeat Nazis, or any bigot for that matter, is education, open debate and social approbrium.
One simply has to look at Denmark and Sweden to see how different policies in similar countries have produced radically different results.
Sweden with its extremely aggressive anti-racism and anti-Nazi laws have bred itself a huge and growing neo-Nazi problem, expressed via the massive black metal scene whereas Denmark with its pragmatic openness and permissivness has a comparatively tiny problem with Neo-Nazis.
Serbias fascists are mostly misguided nationalists, a hangover from the previous era, and they are declining, not ascendant:
Two days before the law’s adoption, an anti-fascist panel was held in Belgrade. Visiting speakers said that fascist ideas have not become an epidemic in Serbia, despite the neo-fascist activities of groups and individuals.
One of the panelists, Dragoljub Micunovic — a senior official of the ruling Democratic Party (DP) — said it is an exaggeration to say that neo-Nazism is a threat to Serbian democracy, but added it would be a mistake to underestimate it.
Tomo Zoric, a spokesperson of the state public prosecutor’s office, added that “forms of fascism and Nazism in Serbia cannot be described as a pandemic,” but said state institutions must suppress those ideas even when promoted by merely a few organisations or individuals.
I disagree. It is those minority opinions that need protection in the law. Even the most vile and repugnant ideas have a right to be expressed.
State agencies did not provide the exact number of active neo-fascist groups in Serbia, but registered activities of the neo-Nazi movements “Blood and Honour” and “National Order”.
The public prosecutor’s office initiated a procedure in Serbia’s Constitutional Court to ban “National Order” activities. Supporters of the organisation stormed into an anti-fascist forum in Novi Sad in late 2005, and began slapping forum participants, while others extended their arms in Nazi salutes.
This is the right approach. ban organisations for breaking the law. Prosecute people for actions – like conspiracy – rather than ideas or expressing ideas.
The courts should act on a case or organisation by organisation basis, not have blanket bans on disapproved of ideas or philosophies.