8 September September 2013 Budva/Montenegro Final Report

Transcription

1 8 September September 2013 Budva/Montenegro Final Report October 2013 MMag. Nina Radović Coordinator of the Straniak Academy Ludwig Boltzmann Institute of Human Rights (BIM), Vienna

2 Table of content 1. Introduction/About the Academy The Straniak Academy Team Sponsors of the Academy Application procedure and participants Arrival in Budva, Opening Ceremony Programme and lecturers Evening discussions Free time, the legend of Budva and excursion to Cetinje, Lovćen and Kotor Media coverage and visibility Examination and examination results Diploma and closing ceremony of the Academy General Impressions and evaluation Overall achievement, results and impact Outlook for the future Special thanks to our partners and sponsors Annex

3 1. Introduction/About the Academy After two very interesting and intense weeks spent in Budva, a wonderful old Venetian town at the Montenegrin coast where the first Straniak Academy for Democracy and Human Rights took place, this report shall summarise the achievements and impressions of this project. Before going into details, it may be interesting to mention the very beginnings of the Academy, in other words the initial thoughts which led to the implementation of this ambitious idea. Why exactly Montenegro? Well, not only this Southeast European country offers a breathtaking landscape the deep blue see embraced by the high mountains but the EU accession candidate was also involved in a Twinning project, funded by the European Commission and implemented by the Ludwig Boltzmann Institute of Human Rights (BIM) in cooperation with Montenegrin partners. In the course of this project Prof. Hannes Tretter, Professor at the Law Faculty of the University of Vienna, Director of the BIM and Director of the Straniak Academy, not only held guest lectures on invitation of Prof. Biljana Djuričin at the Faculty of Law of the University of Montenegro, but also discussed the idea of establishing an academy on human rights with focus on the Southeast European region with Prof. Ivana Jelić, Associate Professor at the Faculty of Law in Podgorica. The Straniak Academy for Democracy and Human Rights was established in spring It is carried out by the BIM Research Association in cooperation with the Faculties of Law and Sociology of the University of Vienna and the Faculties of Law and Political Science of the University of Montenegro. Together with Prof. Tretter, Prof. Ivana Jelić got involved in planning of the Straniak Academy at the position of Vice Dean of the Faculty of Law and was then appointed as representative of both respective faculties from Montenegro (Faculty of Law and Political Science in Podgorica). The main purpose of the Straniak Academy is to promote academic tuition on democratisation and human rights in Southeast European states and to create a bridge between academia and practice, promoted through an interdisciplinary and interactive format. The Straniak Academy is aimed at students who are already advanced in their studies and young graduates who have a solid academic background and even some professional experience and who are interested to deepen their knowledge on human rights, democracy and the rule of law, setting the focus on the Western Balkan region. 3

4 2. The Straniak Academy Team Prof. Hannes Tretter, Director Associate Professor for Fundamental and Human Rights Law at the University of Vienna, Co-Director of the Ludwig Boltzmann Institute of Human Rights (BIM), Vienna Prof. Ivana Jelić, Deputy-director Associate Professor for Public International Law and Human Rights Law and Diplomatic and Consular Law at the Faculty of Law and Faculty of Political Sciences of the University of Montenegro, Podgorica MMag. Nina Radović, Coordinator Ludwig Boltzmann Institute of Human Rights (BIM), Vienna; Studied International Development with the focus on the Southeast European region and Philology of Romance Languages (French) at the University of Vienna and the University Paris III Sorbonne Nouvelle 3. Sponsors of the Straniak Academy At the beginning of every project, the main question is who might be potential partners and sponsors? As the name of the Academy indicates, the main sponsor is the Hermann and Marianne Straniak Foundation, chaired by Mr Christoph Liebscher. The foundation was established in 1974 in Sarnen (Switzerland) and supports, inter alia, the promotion of the goals, ideas and values laid down in the European Convention of Human Rights of the Council of Europe. The Academy is also supported by UNIQA, the Bar Association of Vienna, Agrana, the law firms: Lansky, Ganzger + partners; Noll, Keider; Grilc, Vouk, Škof and Cleary Gottlieb Steen & Hamilton LLP. 4. Application procedure and participants The information and application package was disseminated via internet and published on homepages of the Faculties of Law, Political Science and Social Sciences of the University of Vienna and the University of Montenegro and other Universities in the Southeast European region Belgrade, Sarajevo, Zagreb, Tirana, Skopje and through other internet platforms and organisations, thus reaching a broad public. The application procedure was opened in May 2013 and lasted until 23 June In order to apply the candidates were asked to fill out an application form and to send their CV and motivation letter including optional recommendation letters. We received 120 applications from students and graduates with excellent qualifications, not only from Austria and Southeast European countries, but also from Russia, Ukraine, Kazakhstan, Azerbaijan, Nigeria and China. Due to the many excellent applications from very ambitious candidates, the selection procedure was not easy. After detailed examinations and pre-selections, the Selection Committee, consisting of Prof. Hannes Tretter, Prof. Ivana Jelić, Prof. Christina Binder, who teaches at the Faculty of Law in Vienna, and Nina Radović, 4

5 the Coordinator of the Academy, decided to stay focused on Southeast European states and EU states and to give the priority to students coming from these regions. The focus group were students approaching the finalisation of their studies, coming from different academic disciplines and young graduates with some practical experience. However, also some excellent candidates from other countries were given the chance to take part. The registration fee for participants coming from Southeast European states (i.e. Montenegro, Serbia, Bosnia and Herzegovina, Albania, Macedonia and also the new EU member state Croatia) was 75 EUR. The registration fee for students from the EU and other countries was 150 EUR. Due to the very large number of excellent applications, the Selection Committee decided to offer additional places to outstanding students who had the possibility to participate under the condition to cover the accommodation costs themselves. The 34 selected participants were (by country and alphabetic order): Austria: - Hussl Elisabeth - Majnek Tamara - Sengseis Leatitia - Spring Nadine - Surlina Mirta - Vetter Philipp Bosnia and Herzegovina: - Jokić Aleksandar - Krtolina Gorana - Mihajlović Vesna Croatia: - Dudas Endre - Narandja Ela - Starčević Valentina Germany: - Gahl Muriel - Genge Lydia - Pielok Gesa Macedonia: - Matevska Mila Montenegro: - Kankaraš Olivia - Ljuljdjuraj Kristina - Stankov Nemanja - Vučinić Nikola - Vujković Andjela - Vukčević Željko - Živković Slaven Serbia: - Aleksić Varvara - Bakračević Andrijana - Djurović Andrija - Jović Bojan - Mihajlović Aleksandar - Milošević Dušan - Mitrović Ksenija - Petković Vladan Slovakia: - Sebö Marianna Slovenia: - Jamnik Rok Ukraine: - Orlov Yurii Even before the start of the Straniak Academy the participants used the social networks on internet and created a Straniak Academy group on Facebook in order to get to know each other and to discuss useful organisational issues such as travel arrangements. Also after the 5

6 end of the Academy, the group is still actively in use. The former Straniaks use it to stay in touch with each other, to share interesting information about upcoming human rights related events, to upload photos taken during the Academy and simply to exchange thoughts and experiences. In the course of the Academy, a strong peer commitment and team spirit emerged among the participants coming from different countries and academic backgrounds. Also, while taking group pictures, the practice came up to yell Straniak! which became the official exclamatory brand name of the Straniak Academy used and yelled out at different occasions. Photo: Participants of the Straniak Academy with Prof. Vasilka Sancin (on the right) on the terrace of the conference room; 5. Arrival in Budva, opening ceremony The venue of the Straniak Academy was Hotel Mogren, located just next to the old town of Budva, where all students and lecturers were accommodated during the Academy. Hotel Mogren is at the same time the venue of the Austrian Consulate. The participants arrived on 8 September 2013 throughout the day and were welcomed in the evening by the leading team of the Academy together with Mr Martin Pammer, the former Austrian Ambassador in Montenegro, Prof. Sonja Tomović-Šundić, Dean of the Faculty of Political Science in Podgorica, Prof. Susanne Reindl-Krauskopf, Vice-Dean of the Faculty of Law in Vienna, Prof. Ivana Jelić in the name of Prof. Radonjić, Dean of the Faculty of Law in Podgorica and Mr Milan Mrvaljević, the owner of Hotel Mogren and Austrian Honorary Consul who invited for a wonderful welcome cocktail on the terrace. 6

7 Photos from left to right: Picture 1: Hotel Mogren, Picture 2: Terrace for working groups next to the conference room, Picture 3: Panorama of the old town of Budva, Picture 4: The beach Mogren 10 minutes walk from the Hotel, Picture 5: Prof. Ivana Jelić with Mr Stevan Ćenić, personal advisor and translator of the Austrian Honorary Consul Mr Milan Mrvaljević standing next to him and Prof. Hannes Tretter, Picture 6: Opening ceremony on the terrace of Hotel Mogren. 6. Programme and lecturers The Straniak Academy 2013 offered a broad spectrum of topics on human rights, democracy and the rule of law, with a special focus on Southeast European countries and in particular 7

8 the Western Balkan region, which was also ensured through the concept of tandem teaching with experts from Austria, Western Balkan and other states. The lessons and workshops were held in the morning and in the afternoon in a very pleasant mediterranean ambience. The concept of the lessons and workshops was also based on an interactive principle, so that the students participated actively, had vivid discussions during the lessons and shared their opinion and experiences with the lecturers and each other. The programme was introduced by general questions as: - What does democracy, rule of law and human rights mean? - What are the principles of human dignity, universality, indivisibility, interdependence, culture and equality of human rights? - What are the current challenges and threats for democracy, rule of law and human rights in the world? After the introductive lessons and workshops, the first week was mainly dedicated to give an overview of the most important organisations and institutions: - The United Nations and the UN human rights system - The EU and the human rights protection by the EU, the Council of Europe, the European Court of Human Rights - The Organisation for Security and Cooperation in Europe (OSCE) - The most relevant conventions and protocols, such as different UN conventions, the European Convention of Human Rights and the fundamental rights framework of the EU Treaty of Lisbon and the Charter of Fundamental Rights. The second week started with a lesson on the relationship between fundamental and human rights protection on national and European level and then concentrated on special topics and issues such as data protection and access to information, children rights, combating trafficking in human beings, procedural rights, independence and impartiality of the judiciary, prohibition of torture and inhuman and degrading treatment, corruption and good governance, the freedom of expression, economic and social rights and poverty reduction, as well as asylum, refugees, internally displaced persons (IDPs) and rights of ethnic and national minorities, to mention only a few. The concept of the lessons and workshops was based on a tandem principle, meaning that each unit was prepared and held by two lecturers experienced professors, experts and practitioners mainly from Austria and from the region. This way, the Straniak Academy was not only a unique opportunity for students coming from different countries, personal and academic backgrounds to meet and to exchange opinions and learn from each other, but also a challenge and great opportunity for the lecturers to work together and benefit from each other. The lecturers of the Straniak Academy 2013 were (by country/region and alphabetic order): Austria Prof. Christina Binder Mr Vedran Džihić Mr Alexander Egger Western Balkan region and other countries Mr Siniša Bjeković Ms Ajša Hadžibegović Mr Aleksa Ivanović 8

9 Ms Karin Lukas Prof. Manfred Nowak Ms Julia Planitzer Prof. Hannes Tretter Mr Christof Tschohl Ms Verena Wessely Ms Katrin Wladasch Prof. Ivana Jelić Prof. Olivera Komar Prof. Ivana Krstić Prof. Milan Popović Prof. Vasilka Sancin Prof. Hennie Strydom Prof. Sonja Tomović-Šundić For further information please consult the detailed programme including a short presentation of all lecturers which is attached as annex to this report. 9

10 Photos from left to right (p.9-10): Picture 1: Prof. Olivera Komar and Varvara Aleksić (student), Picture 2: Prof. Christina Binder and Prof. Olivera Komar teaching in tandem, Picture 3: Ms Verena Wessely and Prof. Christina Binder, Picture 4: Students during a play, Picture 5: Mr Vedran Džihić and Prof. Sonja Tomović-Šundić teaching in tandem, Picture 6: Prof. Manfred Nowak, Nina Radović and participants after the lessons on the terrace, Picture 7: Prof. Ivana Krstić, Prof. Hannes Tretter and Nina Radović with participants after the lessons. 7. Evening discussions The aim of the Academy was not only to provide academic knowledge on human rights, democracy and the rule of law, but also to create a bridge between theory and practice. To achieve this ambitious goal, experts and practitioners were invited to take part in evening discussions with lecturers and students. Thus, the participants not only had the opportunity 10

11 to learn from professors and experts during the lessons and workshops, but also to get some insights into the daily work and practice of the invitees: Mr Matthiew Gilett and Ms Morgiana Brading, representatives of the Outreach Programme of the International Criminal Tribunal for the Former Yugoslavia (ICTY), Mr Nikola Šaranović, representative of the Mission of Montenegro to the EU, Ms Svetlana Rajković, Assistant to the Minister of Justice for International Legal Cooperation and European Integration, Mr Christoph Liebscher, the president of the Straniak Foundation, Ms Lana Vukmirović-Mišić, attorney-at-law at Harrison Solicitors in Podgorica and Ms Ana Novaković from the Center for Development of the NGO sector in Montenegro. Photos from left to right: Picture 1: Prof. Hennie Strydom, Matthiew Gillet (ICTY), Morgiana Brading (ICTY), Picture 2: Students during the evening discussions, Picture 3: Mr Christoph Liebscher (president of the Straniak Foundation), Prof. Hannes Tretter and Ms Lana Vukmirović-Mišić (attorney-at-law, Harrison Solicitors), Picture 4: Mr Nikola Šaranović (Mission to EU) and Ms Svetlana Rajković (Assistant to the Minister of Justice for International Legal Cooperation and European Integration). 11

12 Photo: Mr Christoph Liebscher (president of the Straniak Foundation) and Ms Ana Novaković (Center for Development of the NGO sector in Montenegro) 8. Free time, the legend of Budva and excursion to Cetinje, Lovćen and Kotor The Straniak Academy was not only a great opportunity to acquire academic knowledge on human rights, democracy and the rule of law, but also to meet new people and to create contacts and networks among future experts. Given the fact that the Straniak Academy was located in Budva/Montenegro, the participants additionally had the possibility to explore the wonderful Montenegrin coast and mountains and to relax on the beach during the free time between the morning and afternoon lessons (time for lunch and beach ) or simply to walk around the old town of Budva an ancient town next to the very coast which hides a rich historical past reaching back to the V century B.C. According to the numerous legends, Budva was formed by the four basic elements water, fire, earth and air. The lyric tribe of the Encheleis people of the water once settled there and were later converted into dolphins faithful guardians of the town and its surroundings. The Encheleis under the leadership of the Greek King Cadmus defeated the Illyrians the well-known people of the earth who are symbolised by snakes. In the course of his conquests King Cadmus brought many great achievements to the Encheleis. Parts of the Holy Land he had conquered were integrated into the foundations of a new town, Budva, which is still where it once was 2,500 years ago. The legend continues and says that King Cadmus left his homeland to find his sister Europa who was kidnapped by Zeus. On his way he arrived in Delphi, the holy place where the earth meets the Gods via air. As a sign of gratitude for not destroying her town, the Oracle of Delphi promised eternal happiness to everybody who ever came to Budva, the holy town of 12

13 King Cadmus. In Budva, King Cadmus fell in love with Harmonia, a Greek goddess and asked Zeus to turn them into snakes to live forever in the bushes and mountains surrounding the town. Greek writers described the burning flames and fire of their love as an inspiration for the Olympic flame. Hence, Budva as the holy town of King Cadmus, founded through the combination of the four elements, earth, air, water and fire during his efforts to find his sister Europa, is the perfect place to discuss highly important issues for the region with all its different ethnic groups, languages, religions and cultures regarding the integration process into a united Europe in order to find a way to Europa and Harmonia. One weekend, a trip was organised to the historic city of Cetinje, the old royal capital of Montenegro. Cetinje was founded in the 15 th century and is a place with immense historical and cultural heritage, which became the centre of Montenegrin life especially during the 19 th century under the rule of Petar II Petrović Njegoš who fostered the cultural, social and economic development of the region. After the visit of the old monastery and the museum of Njegoš, called Biljarda, his former residence (which obtained its name after the billiardtable a symbol of progress and modernisation in the 19 th century which is placed in the main room, where important decisions were made during that time), the excursion continued to Mount Lovćen, also called the black mountain after which the country itself is named Monte Negro. Mt. Lovćen is a national park in the south-west of Montenegro. It is situated on the border between the sea and the mainland and therefore has a very special climate and biological diversity in plants and consistence. The top of the mountain offers a fantastic panoramic view over the country. This is also where the mausoleum of Njegoš is situated, built by the world famous artist Ivan Meštrović. The view from the top after climbing up the 500 stairs is breathtaking and overwhelming, offering a splendid panorama over Montenegro, from the seaside to the mountains! Also the way to the romantic little town of Kotor is unique and offers a very special view to the bay of Kotor Boka Kotorska all the way down the hill including an unforgettable bus ride on the very narrow road just next to the profound abyss. However adventurous the ride might be, the view is certainly worth it! 13

14 Photos from left to right (p.13-14): Picture 1: Old Monastery in Cetinje, Picture 2: Road to the top of the mountain, Picture 3: View from Mt. Lovćen, Picture 4: Climbing to the top of the mountain, Picture 5: View from the top, Picture 6: On the way to Kotor, Picture 7: Students, Picture 8: the Cathedral of Kotor. 9. Media coverage and visibility The Straniak Academy was also followed by the Montenegrin media. Several articles were published in daily newspapers Vijesti, on internet platforms and a short report was even transmitted in the evening news on Budva TV. Journalists interviewed lecturers and students 14

15 not only about the Academy and the programme but also about the situation concerning human rights in Montenegro and the region. In this context, Prof. Hannes Tretter talked with a journalist of the daily newspaper Vijesti about the still prevailing interference of the politics into the judiciary, which is not only a big problem for Montenegro, but also for the whole region after breaking up of Yugoslavia. In addition, there is still a big challenge for the countries considering the harmonisation of domestic laws with EU standards and the implementation of reforms. Although Montenegro achieved important efforts, additional training and strengthening of capacities of judges and officials of ministries and governmental institutions is needed. Nevertheless, Montenegro also achieved very positive results considering the EU accession process. Prof. Hannes Tretter especially emphasised the important steps undertaken by the Montenegrin government so far, especially the efforts regarding the chapters 23 and 24 of the Acquis, Judiciary and fundamental rights and Justice, freedom and security, two very important chapters which were opened first and which will be closed last, at the very end of the accession procedure. In addition, Prof. Tretter emphasised the importance to strengthen the role of the civil sector and to raise the awareness of the civil society in general. As Prof. Ivana Jelić stated in the interview with Radio Free Europe (Radio Slobodna Evropa), it is crucial to establish a culture of human rights, as well as a culture of political participation, which are still at a very low level not only in Montenegro, but in the Western Balkan region in general. She also emphasised that establishing a culture of human rights is a very long and complex procedure. As we know, the first internationally binding acts for the protection of fundamental rights and freedoms were the result of long-lasting and difficult negotiations which took about 30 years on the global level. Still, there is a prevailing tendency to break fundamental rights and freedoms, immanent to all societies on individual, but also on governmental level. A person who fully enjoys his/her fundamental rights and freedoms is of course harder to manipulate and to blackmail, both by individuals and authorities. Thus, the core message of Prof. Hannes Tretter and Prof. Ivana Jelić is that it is especially important to strengthen the capacities of the new generations and young professionals whose engagement and competences will play a crucial role in the further development and integration process of the region, a precondition for all countries in transition. In addition, it is crucial to support the establishment of a culture of human rights, which is also the goal of the Straniak Academy for Democracy and Human Rights. Articles in Montenegrin language can be found on the following web pages:

16 Photos from left to right: Picture 1: Interview with Prof. Ivana Jelić by the team of Budva TV, Picture 2: Interview with Prof. Hannes Tretter, Picture 3: Interview with Aleksandar Mihajlović, student from Serbia. 10. Examination and examination results On the last day, the participants of the Straniak Academy passed an examination which consisted of questions for each thematic unit, compiled by the lecturers. The examination test included 36 multiple choice questions with three answer possibilities, each providing one or multiple correct answers. The aim of the examination was to excerpt the most relevant questions out of the abundance of the information provided during the intense daily programme and thus to recall the most important facts out of the knowledge acquired during the two weeks. To mention some of them, the test included the following questions: - What does the system of checks and balances mean? - What is an open society in the understanding of Karl Popper? - What is human dignity? - What is the Universal Declaration of Human Rights? - What are the most important human rights conventions of the Council of Europe? - What are the three general principles of the UN Convention on the Rights of the Child? - What does the principle of non-refoulement mean? - What are the differences between minorities and indigenous peoples? To the great satisfaction of the Straniak Academy Team, half of the participants passed the test with an excellent grade. The best was Rok Jamnik, a student from Slovenia. Also the others achieved excellent results, not only proving the high quality of the lessons and expertise of the lecturers, but also the constant motivation, ambition and great qualifications of the participants themselves, as illustrated by the following: 16

17 Grade Number of students Excellent/A 17 Very Good/B 8 Good/C 6 Sufficient/D or Participated Diploma and closing ceremony of the Academy On 20 September 2013 just after the examination, a closing ceremony took place on the wonderful terrace of Hotel Mogren with a splendid view on the fortress of the old town of Budva and the sea, on invitation of Mr Milan Mrvaljević, the owner of the Hotel and Honorary Consul of Austria. After speeches by Prof. Hannes Tretter, Prof. Ivana Jelić and Mr Milan Mrvaljević summarising the impressions of the two weeks and expressing their thanks to all lecturers and participants, the cocktail bar was opened, offering great Montenegrin wine and spirits well known for the region and delicious sea food specialties. On this occasion students and lecturers gathered once again together to celebrate the successful implementation of the Straniak Academy, to exchange their views and opinions, but also to have a good time. On the following day, the diploma ceremony took place, where all students received a diploma before leaving and returning to their every day obligations at university or work, taking with them great memories and experiences, new knowledge on human rights, democracy and the rule of law, but also being enriched by new friendships thus creating the basis for networks with future colleagues and partners on their path to become experts in these fields and to ensure that human rights, democracy and the rule of law are provided and effectively implemented in their region. 17

18 Photos from left to right (p.17 and 18): Picture 1: Prof. Ivana Jelić and Mr Milan Mrvaljević at the closing ceremony, Picture 2: Prof. Hannes Tretter and students, Picture 3: Students, Picture 4: Prof. Hannes Tretter, Nina Radović and students after the diploma ceremony and farewell. 12. General impressions and evaluation After the first week and also at the end of the Academy, the participants were asked to provide feedback and general impressions about the organisation, programme, lessons and lecturers. This way, the Straniak Academy Team ensured the interactive exchange of opinions and encouraged the students to express their points of view and to evaluate each lesson/workshop and each lecturer individually, but also to provide critiques, comments and suggestions in regard to aspects which could be improved for the future. In general, the working atmosphere was very positive. The students were very interested in the topics and participated actively which was the core working and didactical concept of the Academy to encourage the interactive exchange between lecturers and participants, in order to have vivid and also provocative discussions. This way, the Academy s goal was also to encourage the students to think critically, to analyse issues based on proven arguments and to base their reasoning on objective facts. This concept proved to be very important, as it revealed the still prevailing conflicts which are often combined with strong emotions reflecting positions and discourses imposed by post war societies in the region and reproduced by the younger generations. Sensitive issues connected with the past conflicts still need to be critically assessed and analysed in order to break up the prevailing thinking in categories and imposed dichotomies such as us them, victims aggressors or artificially imposed differences which underline and strengthen the importance of national or ethnic belonging as the main criteria for identity-building. Only this way, a culture of human rights, democracy and the rule of law can be established based on respect and mutual understanding, but also on the ability to think critically and to deconstruct imposed discriminatory discourses and categories, which create very problematic realities. The analysis of the evaluation results proved that the Straniak Academy for Democracy and Human Rights is an important project. 18

19 Almost all students were very satisfied with the preparation and organisation of the Academy (i.e. the application procedure, the communication and information provided and the venue/location of the Academy). Also, the majority was very satisfied with the material provided, i.e. the compilation of useful links leading to the most important human rights related instruments classified by topics. This compilation provides useful tools for the future human rights related work. However, some students also expressed the wish to receive more documents and articles on certain topics, so that a list of references or a reader for the Academy will be prepared in the future. Almost all participants were very satisfied with the lectures/workshops and the lecturers and appreciated the concept of tandem teaching. However, it was also mentioned that some lecturers were more present and came more to the fore than others or that some topics were hardly mentioned due to the very intense programme and consequently the lack of time. An aspect which will certainly be taken into consideration for the upcoming years is the very intense schedule. In the future, there will be longer breaks which will allow more time not only for relaxing, but also for studying and reflecting on the new knowledge acquired. 13. Overall achievement, results and impact The overall objectives of the Straniak Academy for Democracy and Human Rights were (i) to promote academic tuition on human rights, democracy and the rule of law with a special focus on Southeast European states and (ii) to create a bridge between academic knowledge and practice. The overall objectives were achieved through the following components: - the interdisciplinary and interactive format of the Academy, - the principle of tandem teaching, meaning that one lecturer from Vienna and one lecturer from the region or other countries jointly prepared and held the lessons/workshops, - the involvement of professionals and experts from different institutions and NGOs in order to provide insights into the daily work. The Straniak Academy was insofar a success as it offered a broad academic programme encompassing the most important human rights related issues. Thus, the Academy filled a gap on the academic market. Although several human rights or thematic summer schools do exist, an intense academic summer programme on human rights, democracy and the rule of law with a special regional focus allowing an intense academic interaction and exchange was still missing. The Straniak Academy therefore filled an existing need. The most important results of this project can be summarised as follows: - Academic knowledge and expertise on human rights, democracy and the rule of law provided and strengthened, - Cooperation between the University of Vienna (Faculty of Law and Faculty of Social Sciences) and the University of Montenegro (Faculty of Law and Faculty of Political Sciences) promoted, - Interexchange and cooperation between professors and lecturers from Vienna and the region and other countries strengthened also in regard to future cooperation 19

20 activities such as guest lecturing or the provision of expertise in certain thematic fields, - Awareness of the importance of human rights, democracy and the rule of law in the region raised, also ensured through the strong media coverage and promotion of the Academy, - Interexchange of students and young graduates from the region, Austria and other countries facilitated, also in regard to future networking and cooperation, - Exchange of different approaches and best practices encouraged. The impact of the Straniak Academy for Democracy and Human Rights was already visible during the Academy i.e. during the evening discussions where students were confronted with very sensitive issues leading to ardent and emotional discussions. This was especially visible during the visit of representatives of the ICTY Outreach Programme. Not only is the Academy the right place to discuss such issues, it also shows the importance of dealing with highly sensitive topics in the sake of the reconciliation process, but it also reveals the necessity to further strengthen the ability of young people to deal with the past in a critical and comprehensive way in order to create a common future. The Straniak Academy for Democracy and Human Rights is not in the position to immediately restructure institutions or change the way of thinking over night. However, it is a project which can certainly contribute to these complex individual and social processes by addressing sensitive issues and approaching them together with the young generations, who will create future political and social conditions in the years to come. To reveal still existing problems, prejudices and hegemonic discourses was one of the main achievements, which is the first step in order to overcome them and to start building up a culture of human rights, democracy and rule of law. However, the first step is always the individual preparedness to initiate such processes and to overcome personal barriers. The interest in the Academy (as mentioned at the beginning of this report, we received 120 applications) already proofs the demand and necessity for this project. The willingness of young people to participate in such initiatives as well as their active participation in political decisions or in social movements will certainly contribute to processes which will finally lead to changes in the society in the long run, not only in the Southeast European states, but everywhere in the world. 14. Outlook for the future The Straniak Academy for Democracy and Human Rights is planned as a long term project. It will take place in the following two years in Budva/Montenegro. An extension is possible after a detailed evaluation on achieved results and remaining needs. Due to the strong interest, there might also be a possibility and there are already some ideas to let the Straniak Academy go on tour to other states and regions in the future based on a similar format and concept. Finally, we would like to thank everyone who contributed to the realisation of this ambitious project: 20

21 - our sponsors, especially the Straniak Foundation and its president Mr Christoph Liebscher, - the Faculties of Law and Social Sciences of the University of Vienna and the Faculties of Law and Political Sciences of the University of Montenegro, - the participants, who with their ambition, desire to learn and the willingness to openly discuss and express their opinions also on highly sensitive issues, contributed to the vividness of the Academy, - the lecturers who, with their dedication and expertise contributed to the high quality and knowledge transfer and last but not least - our hosts, especially Mr Milan Mrvaljević, who offered a great ambience for work and therefore contributed to the special mediterranean feeling while dealing with highly complex issues. Thank you! We are looking forward to the years to come! Photo: Participants of the Straniak Academy for Democracy and Human Rights on the last day, after the diploma ceremony with Prof. Ivana Jelić. 21

22 Special thanks to our partners and sponsors 22

23 Annex Budva/Montenegro Programme 2013 Sunday, 8 th September 18:00-19:30 Welcome by the leading team of the Straniak Academy Introduction of students and organisational questions 19:30 Welcome by Austrian Ambassador in Montenegro, Deans or Vice Deans of Universities of Vienna and Podgorica, Director of the Ludwig Boltzmann Institute of Human Rights Reception on invitation of the Austrian Honorary Consul in Montenegro Monday, 9 th September 09:30-11:00 What does democracy, rule of law and human rights mean? Is there a coherence of them? What are the powers in a modern democracy, how does the system of checks & balances work? (Hannes Tretter and Ivana Jelić) 11:00-11:15 Break 11:15-12:45 Concepts & standards, strengths & weaknesses of modern democracies (Sonja Tomović-Šundić and Vedran Dzihić) 13:00-15:00 Lunch & Beach 15:00-16:30 Reality of democracy in Southeast European States (Sonja Tomović-Šundić and Vedran Dzihić) 16:30-16:45 Break 16:45-18:15 Impact of globalisation and regionalisation on sovereignty of states and its reception by peoples opportunities & threats (Milan Popović and Vedran Dzihić) Tuesday, 10 th September 09:30-11:00 The principles of human dignity, universality, indivisibility, inter-dependence, culture and equality of human rights (Sonja Tomović-Šundić and Hannes Tretter) 11:00-11:15 Break 11:15-12:45 Freedom & equality, democracy & rule of law: historical development & philosophical roots (Hannes Tretter and Ivana Jelić) 23

24 13:00-15:00 Lunch & Beach 15:00-16:30 The Universal Declaration of Human Rights of 1948 and the development of the current international and regional human rights regimes (Hannes Tretter and Ivana Jelić) 16:30-16:45 Break 16:45-18:15 The impact of the political change 1989/1990 and current challenges and threats for democracy, rule of law and human rights in the world (Hannes Tretter and Ivana Jelić) 18:15-18:30 Break Wednesday, 11 th September 09:30-11:00 The United Nations Organisation (UNO) idea and legal basis, organs & bodies, approach and reality (Manfred Nowak and Hennie Strydom) 11:00-11:15 Break 11:15-12:45 The UN human rights system (Manfred Nowak and Hennie Strydom) 13:00-15:00 Lunch & Beach 15:00-16:30 UN tasks Responsibility to protect (R2P), peace enforcement and humanitarian intervention, peace building and peace keeping, humanitarian aid, international criminal justice (Manfred Nowak and Hennie Strydom) 16:30-16:45 Break 16:45-18:15 UN case studies (Bosnia-Herzegovina, Ruanda, Kuwait-Iraq, Sudan, Libya) (Manfred Nowak and Hennie Strydom) 18:15-18:30 Break 18:30-20:00 Evening discussion with legal experts (ICTY Outreach programme) (Matthiew Gilett and Morgiana Brading, Moderation: Manfred Nowak) Thursday, 12 th September 09:30-11:00 Introduction to European human rights protection by European Union, Council of Europe and OSCE (Manfred Nowak and Vasilka Sancin) 11:00-11:15 Break 11:15-12:45 European Union (EU) idea & development, structure & competences, accession & integration (Alexander Egger and Vasilka Sancin) 13:00-16:00 Lunch & Beach 16:00-17:30 The fundamental rights framework of the EU Treaty of Lisbon, Charter of Fundamental Rights (CFR) and the role of the Court of Justice of the EU (CJEU) (Alexander Egger and Vasilka Sancin) 17:30-17:45 Break 17:45-19:15 Law making in the EU and relationship between EU law and national law (Alexander Egger and Vasilka Sancin) 24

25 Friday, 13 th September 09:30-11:00 The Organisation for Security and Cooperation in Europe (OSCE) its history and mission (Christina Binder and Vasilka Sancin) 11:00-11:15 Break 11:15-12:45 OSCE in practise (human dimension, conflict prevention & early warning, crisis management, mediation) (Christina Binder and Vasilka Sancin) 13:00-14:00 Lunch & Beach 14:00-16:00 Council of Europe (CoE), European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) (Hannes Tretter, Manfred Nowak and Ivana Jelić) Saturday, 14 th September 18:00-19:30 Evening discussion with a representative of the Mission of Montenegro to the EU and a representative from the Ministry of Foreign Affairs and European Integration of Montenegro: Actual situation and further challenges of Montenegro s accession to the EU (Nikola Šaranović and Svetlana Rajković, Moderation: Ivana Jelić) Monday, 16 th September 09:30-11:00 The relationship between fundamental & human rights protection on national and European level part I (Hannes Tretter and Vasilka Sancin) 11:00-11:15 Break 11:15-12:45 The relationship between fundamental & human rights protection on national and European level part II (Hannes Tretter and Vasilka Sancin) 12:45-14:00 Lunch & Beach 14:00-15:30 Data protection and access to information part I (Christof Tschohl) 15:30-15:45 Break 15:45-17:15 Data protection and access to information part II (Aleksa Ivanović and Christof Tschohl) Tuesday, 17 th September 09:30-11:00 Children Rights (Ajša Hadžibegović and Julia Planitzer) 11:00-11:15 Break 11:15-12:45 Combating trafficking in human beings (Ivana Krstić and Julia Planitzer) 12:45-14:00 Lunch & Beach 14:00-15:30 Procedural rights, independence and impartiality of the judiciary (Christof Tschohl and Ivana Krstić) 15:30-15:45 Break 25

26 15:45-17:15 Prohibition of torture and inhuman and degrading treatment part I (Hannes Tretter and Ivana Krstić) 17:15-17:30 Break 17:30-19:00 Prohibition of torture and inhuman and degrading treatment part II (Hannes Tretter and Ivana Krstić) Wednesday, 18 th September 09:30-11:00 Forms of political participation and the right to vote (Christina Binder and Olivera Komar) 11:00-11:15 Break 11:15-12:45 Combating corruption & the concept of good governance (Verena Wessely and Olivera Komar) :30 Lunch & Beach 15:30-17:00 Freedom of expression and independence of the media as preconditions for a living democracy (Hannes Tretter and Ivana Jelić) 17:00-17:15 Break :00 Hate speech (Hannes Tretter and Ivana Jelić) 18:00-18:30 Break 18:30-20:00 Visit of Christoph Liebscher, President of the Straniak Foundation: Presentation of the Straniak Foundation and it goals Evening discussion with lawyers and representatives of civil society (Christoph Liebscher, attorney-at-law at Wolf Theiss, Vienna; Lana Vukmirović-Misić, attorneyat-law at Harrisons Solicitors, Podgorica; Ana Novakovic, NGO; Moderation: Hannes Tretter) Thursday, 19 th September 09:30-11:00 Economic rights including protection of investments (Christina Binder and Karin Lukas) 11:00-11:15 Break 11:15-12:45 Social rights and poverty reduction (Karin Lukas and Siniša Bjeković) 12:45-15:30 Lunch & Beach 15:30-17:00 Human rights and corporate social responsibility (Karin Lukas and Christina Binder) 17:00-17:15 Break 17:15-18:45 The principles of equality and non-discrimination (Katrin Wladasch and Siniša Bjeković) 26

27 Friday, 20 th September 09:30-11:00 Combating discrimination and underlying ideologies like Racism, Anti-Semitism, Xenophobia, Islamophobia and Homophobia (Katrin Wladasch and Ajša Hadžibegović) 11:00-11:15 Break 11:15-12:45 Asylum, refugees, IDPs and Immigrant Societies: Challenges and political concepts (Ivana Jelić and Katrin Wladasch) 12:45-15:30 Lunch & Beach 15:30-17:00 Rights of ethnic and national minorities (Christina Binder and Ivana Jelić) 17:00-17:15 Break 17:15-18:45 Multiple choice test 19:30 Reception on invitation of the Straniak Stiftung, the Universities of Vienna and Podgorica and the BIM Farewell Party Saturday, 21 st September 10:00 Handing over of students diplomas Farewell & Departure All lectures were given by a tandem of teachers. The teachers were (in alphabetical order): Christina Binder is Associate Professor of international law at the University of Vienna. Her fields of expertise are general public international law, the law of international relations and conflicts, international human rights and humanitarian law and the rights of indigenous peoples. She regularly publishes and teaches in these fields. Christina also has long standing work experience as independent consultant/legal expert for OSCE/ODIHR and EU election observation and assessment missions. Siniša Bjeković works as a trainer of civil servants in ombudsman law and European integration at the Human Resources Agency of Montenegro. He is also lecturer at the Police Academy of Montenegro in human rights and EU law and trainer of younger court servants in Montenegro at the Center for Democracy and Human Rights. He is a member of the National Council for the Civic Control of Police Forces in the Parliament of Montenegro and was a member of the Working Group for EU negotiations. Vedran Džihić is Senior Researcher at the Austrian Institute for International Politics and holds lectures at the University of Vienna. His field of expertise are socioeconomic and political transformation, conflict studies, international conflict management, European integration, EU 27

28 enlargement. Since 2010, he is an Austrian Marshall Plan Fellow and Senior Fellow at the Paul H. Nitze School for Advanced International Studies, Johns Hopkins University, Washington, USA. Alexander Egger is Attorney-at-law at the Central European law firm Lansky, Ganzger + partner (Vienna) specialised in EU law. He practices and publishes in economic law (i.a. regulatory, state aids, public procurement) and in institutional law (i.a. fundamental rights, Council). After graduating in law (Dr.iur.) and political science (Dr.phil.), he got a degree at the College of Europe in EU law and the habilitation (PhD) at the University of Economy and Business (Vienna) where he is still teaching. He served many years in the Austrian Foreign Ministry and as référendaire at the Court of justice of the EU. The EU entrusted him with several TAIEX- and Twinning-projects of the EU in new member states as well as candidate countries. Ajša Hadžibegović is the Program Director of the NGO Civic Alliance in Montenegro. She has professional experience as trainer on peace education, conflict transformation, human and children rights, employability, inclusion, project management, training and presentation skills, communication and fundraising. She is also a member of the Working Groups for drafting the Strategy for Development of the NGOs sector and the Law on Youth in Montenegro. Aleksa Ivanović is a member of the Council at the Agency for Personal Data Protection. He worked for diverse international organisations such as the OSCE Mission to Montenegro, and has profound experience in the rule of law and in the NGO sector. Also, he was a member the Working Group for drafting Montenegrin Law on NGOs, Working Group for Preparation of the Draft Law on Discrimination, and the State Committee for Reducing Weapons. Ivana Jelić, the Deputy-director of the Straniak Academy for Democracy and Human Rights, is Associate Professor at the Law Faculty and Faculty of Political Science in Podgorica, University of Montenegro, and teaches public international law, human rights law and diplomatic and consular law. She regularly holds visiting lectures at Universities in the region, EU and USA. She has profound working experience as consultant/expert with the CoE, EU, OSCE, OECD, ICRC, UNDP, and provided expertise on the harmonisation of Montenegrin legislation with EU standards. Since 2012 she is a member of the Advisory Committee on the CoE Framework Convention for the Protection of National Minorities in respect of Montenegro. Olivera Komar is Assistant Professor at the Faculty of Political Science in Podgorica, University of Montenegro and teaches on contemporary political systems, introduction to political science, political communication, political behaviour, introduction to comparative politics, political marketing and public opinion. Since November 2012 she is Vice-dean for international cooperation at the Faculty of Political Science, University of Montenegro. Ivana Krstić is Assistant Professor at the Faculty of Law, University of Belgrade and holds lectures on international human rights law, international public law, minority rights, animal rights, international jurisprudence with particular emphasis on the ECtHR. She has profound working experience in diverse international organisations such as the World Bank, UNICEF, IOM, OSCE, UNHCR and UNWOMEN. Karin Lukas is Senior Researcher and Team Leader of the Human Rights in Development Cooperation and Business Team at the Ludwig Boltzmann Institute of Human Rights. She holds lectures, trainings and presentations for various target groups on human rights and business, women s rights and development cooperation. She is a member of the European Committee of Social Rights, Council of 28

29 Europe and works as consultant for UNDP, Austrian Federal Ministry of Foreign Affairs, Austrian Development Agency, OMV, etc. Manfred Nowak is Professor for International Law and Human Rights at the University of Vienna and Co-Director of the Ludwig Boltzmann Institute of Human Rights. Amongst many of his functions, he is Head of the Vienna Master of Arts in Human Rights at Vienna University and Vice-Chairperson of the EU Fundamental Rights Agency. Among his former functions, he was Director of the Netherlands Institute of Human Rights at Utrecht University ( ), UN Expert on Missing Persons in the Former Yugoslavia ( ), Judge at the Human Rights Chamber for Bosnia and Herzegovina in Sarajevo ( ), Olof Palme Professor of Human Rights and Humanitarian Law at Lund University ( ), Chairperson of the European Master in Human Rights and Democratization (E.MA) in Venice ( ) and UN Special Rapporteur on Torture ( ). Julia Planitzer works as Legal Researcher at the Ludwig Boltzmann Institute of Human Rights in the Unit for Women's Rights, Children's Rights and Trafficking in Human Beings. Her current work focuses on trafficking in human beings. Between 2010 and 2013 she was a research fellow at the Doctoral College Empowerment through Human Rights of the University of Vienna. Milan M. Popović is the Program Director of the PhD-Studies in World-Systems Analysis at the Law School of the University of Montenegro. He was the Founder and Director of the Center for International Studies of the University of Montenegro and of its first generation of the MA in European and Southeast European Studies. He was a member of many committees such as the Executive Committee of the Inter-University Center in Dubrovnik, the International League of Humanists, and the International Forum Bosnia in Sarajevo. Vasilka Sancin is Assistant Professor on public international law, international humanitarian law, diplomatic and consular law, law of the sea, and international organisations at undergraduate and postgraduate level at the Faculty of Law, University of Ljubljana. She is also Director of the Institute for International Law and International Relations at the Faculty of Law in Ljubljana and Director of the Center for International and Business Law in Ljubljana. Hennie Strydom is Professor in Public Law at the University of Johannesburg and teaches public international law and administrative law. He is Programme Leader for the LLM in Public International Law and specialises in environmental law and humanitarian law. He is also President of the South African Branch of the International Law Association. Sonja Tomović-Šundić is the Dean and Professor at the Faculty of Political Science Podgorica, University of Montenegro. Since 2008 she is Advisor on Human Rights of the President of Montenegro, Mr Filip Vujanović. Christof Tschohl is Scientific Director of the Research Institute AG & Co KG in Austria, Of Counsel at the Ludwig Boltzmann Institute of Human Rights, Lecturer in education and training of Austrian judges and prosecutors at the Danube University Krems, and the University of Vienna. He is also a Board Member of the Working Group on Data Retention Austria (AKVorrat.at). His fields of expertise are fundamental and human rights in the digital information society, technology and law, telecommunications law, media law and IT law, and fundamental rights in the judicial practice. Hannes Tretter, the Director of the Straniak Academy for Democracy and Human Rights, is Associate Professor for fundamental and human rights law at the Faculty of Law of the University of Vienna, Co-Director of the Ludwig Boltzmann Institute of Human Rights (BIM) in Vienna, and a Board Member of the Austrian League for Human Rights. He is also teaching at the Danube University 29