Country Study: Serbia
Transcription
Country Study: Serbia
Country Study: Serbia June 2013 Author: Želimir Kešetović Faculty of Security Studies, University of Belgrade The research leading to these results has received funding from the European Union's Seventh Framework Programme FP7/2007-2013 under grant agreement n°284678. Executive Summary 1 The current Serbian civil security system was established in June 2010 and still is under construction, as a number of bylaws, directives, guidelines and documents are to be adopted. It is planned that the system will be fully completed in 2016. The general intention was to design a comprehensive decentralised system around the sector of emergency management of the Ministry of Interior as the main pillar and integrator of different actors and link professional agencies and political representatives on all levels of government in emergency management headquarters with precise delineation of mandate and responsibilities. A crisis is prepared for and resolved where it happens, that is primarily at the local level. If it exceeds the capacity of the local community, up scaling occurs on the higher levels of government up to the national level in cases of large scale disasters, including the engagement of the police and army if necessary. However, due to the uneven development of municipalities and cities there are significant differences in the crisis management capacity between local communities as well as in the level of awareness for crisis management among the local political representatives, other actors and citizens. A new risk assessment methodology is to be implemented as the basis for better planning. There is plenty of room for improving cooperation with the private sector and volunteer organizations, as well as for citizens’ mobilization. Serbia is engaged in the regional institutional crisis management arrangements and cross border crisis assistance and is harmonizing its system with European standards in the context of EU accession. More time and effort is needed in order to harmonize the new system and to evaluate all its good and bad sides. 1 This case study represents one of 22 country studies compiled in the context of the Analysis of Civil Security Systems in Europe (ANVIL) Project. The ANVIL Project aims to map the variety and similarities in Europe's regional civil security structures, practices and cultures and investigate how variety affects the safety of Europe's citizens. The results give policy stakeholders a clear overview over civil security architectures and EUadded value to the debate concerning "not one security fits all". Read more at www.anvil-project.net 2 Key Findings Due to the fact that the current Serbian civil security system was legally/normatively established only in June 2010 and still is under normative2 and operational construction, it is rather hard to identify its advantages and disadvantages. However, perhaps two solutions in the Serbian civil security system, and one idea/initiative on regional resource sharing might be interesting for other European countries: 1. The national emergency management headquarters as political-operative multisectoral body that includes heads/leaders of different ministries (Interior, Health, Transportation, etc), other agencies and special organizations that, within their respective areas of responsibility, have certain roles in crisis management, as well as the civil society actors (Red Cross, Mountain Rescue Service etc.) actually (and recently formally) is the national platform for disaster risk reduction and so far it is functioning properly. Similar bodies are established on lower levels of political-territorial organization (regional and local) with respective units of the sector for emergency management as their pillar. In this way, in a bottom up manner and in project-like organization all professional crisis management actors are mutually connected both horizontally and vertically and political actors are also involved at all levels of government. 2. The Serbia law on emergency situations defines two categories of companies, other legal persons and entrepreneurs particularly important for crisis management: Authorized legal persons - companies and other legal entities entrusted to perform the activities of special interest for the Republic of Serbia in the field of telecommunications, energy and mining, railway transport, meteorology, hydrology, seismology, protection from ionizing and nuclear radiation, environmental protection, water management, forestry and agriculture, health, care and accommodation and veterinary medicine Trained legal persons - companies and other legal entities trained and equipped for protection and rescue activities such as: public utility companies, construction companies, water management companies, forest management companies, catering companies, mining companies, transport companies and other legal entities, private security companies and commercial aviation. On the national and district levels there are no contracts between the state and private or public companies. There are only government decisions which explicitly specify authorised and trained legal persons that have obligations in emergency situations. It includes a total of 108 authorised and trained legal persons on the national and 245 on district level (Official Gazette, No 36, May 27, 2 A number of bylaws, directives, guidelines and documents are to be adopted 3 2011).3 On the local level there are formal contracts between private companies and local governments that regulate their rights and obligations in emergency situations, while the public enterprises have a legal obligation to participate in crisis management. 3. The Serbian Ministry of Interior with the heads of emergency management services from Albania, Macedonia, Bosnia and Herzegovina, Slovenia, Croatia and Montenegro adopted the conclusions on establishing a network of regional specialized centres for reacting in emergencies in SEE in order to use and develop existing capacities of the states and pooling of their resources. To avoid duplication within the region, a network of different centres of excellence in Southeastern Europe will be established. The main task of these centers will be disaster response training and coordination. There should be one center of excellence situated in each of the states specialized for a certain area of expertise. (floods, forest fire, disaster risk analysis, wildfire, coordination of response, earthquake, cave rescue, etc.). 3 On the national level the most important among public companies are the Serbian Postal Service, power and electricity production/supply companies, Serbian railways, hospitals and a number of faculties, and among private companies are those engaged in pharmaceutical industry, transportation, construction, commerce, etc. 4 Table of Contents Executive Summary ................................................................................................................................ 2 Key Findings ............................................................................................................................................. 3 List of Abbreviations ................................................................................................................................ 6 1. Introduction ......................................................................................................................................... 7 2. Analytical Dimensions ......................................................................................................................... 9 2.1. Cultural and historical aspects of the civil security system .......................................................... 9 2.1.1. Administrative tradition .........................................................................................................9 2.1.2. Government/social culture...................................................................................................14 2.2. Legal & constitutional aspects .................................................................................................... 15 2.2.1.Statutory basis .......................................................................................................................15 2.2.2. Political dimension ...............................................................................................................17 2.2.3. Operational dimension .........................................................................................................18 2.2.4. External cooperation ............................................................................................................21 2.3. Relations between the state and its citizens .............................................................................. 23 2.3.1. Expectations .........................................................................................................................23 2.3.2. Information ...........................................................................................................................24 2.3.3. Education ..............................................................................................................................25 2.4. Role of the private sector in maintaining civil security .............................................................. 27 2.4.1. Role of societal/non-profit organizations/ NGOs .................................................................27 2.4.2. Role of profit-oriented organisations ...................................................................................28 3. Quality Measures............................................................................................................................... 31 3.1. Effectiveness ............................................................................................................................... 31 3.1.1. Assessment through professional and political inquiries .....................................................31 3.1.2. Limits to national capacities .................................................................................................32 3.2. Efficiency..................................................................................................................................... 34 3.3. Legitimacy................................................................................................................................... 35 3.3.1. Political support ....................................................................................................................35 3.3.2. Legal support ........................................................................................................................36 3.3.3. Popular trust and support ....................................................................................................37 4. Serbian Civil Security in the EU Context ............................................................................................ 38 5. Conclusion ......................................................................................................................................... 40 Annex I: Coded Data .............................................................................................................................. 43 Annex II: H1N1 in Serbia ........................................................................................................................ 52 Annex III: Resources .............................................................................................................................. 56 5 List of Abbreviations CBRN CPA EMHQ HFA HQ LES MIC MOD MOI MRS NEMHQ NSPRE PWMC SEE SEM SWG UNDP Chemical, biological, radiological, and nuclear Criminalistic Police Academy Emergency Management Headquarters Hyogo Framework for Action Headquarters Law on emergency situations Monitoring and Information Centre Ministry of Defence Ministry of Interior Mountain Rescue Service National Emergency Management Headquarters National Strategy for Protection and Rescue in Emergencies Public Water Management Company South Eastern Europe Sector for Emergency Management Special Working Group United Nations Development Program 6 1. Introduction After almost two decades of rather unregulated responsibilities of particular ministries and bodies and outdated legislation, and lack of political will to regulate this area, the current Serbian civil security system has been established only in December 2009 when the Law on Emergency Situations (LES) was adopted in Parliament. This law is the basis for guiding all disaster management activities in the country. The Sector for Emergency Management (SEM) is recognized as a single body within the Ministry of Interior (MOI) where all emergency services from MOI, Ministry of Defence (MOD) and Ministry of Environment are integrated. Therefore, the crisis management approach is primarily based on civilian operations and bodies, while military capabilities are only being employed upon request of the SEM, when other resources are not sufficient. Serbia takes mainly an all hazards approach with elements of a specific threats approach. The SEM is a coordination body that integrates activities of all agencies. The conflicts in the 1990s related to dissolution of SFR Yugoslavia, followed by the conflicts in the Serbian southern province of Kosovo and Metohija, as well as the NATO bombing campaign in 1999 were among the greatest crises that Serbia’s civil security system had ever faced. Located in a region of intense political change and civil unrest, Serbia also experienced a number of demonstration and citizens protests during the Milosevic regime, several prison riots and the assassination of the prime minister in 2003 as a result of conspiracy. Besides this, Serbia often has to cope with many natural disasters, most notably floods, forest fires, extreme temperatures, heat waves and windstorms, landslides and, from time to time, earthquakes. As a major link between Asia and the rest of Europe, the threats of transportation accidents, terrorism and infectious disease epidemics are substantial. (Waal, Chu and Dimitrijevic 2008:8) In the period 2000-2012, 18 major natural disasters and infectious diseases, 5 major industrial/transport accidents, and one signature crisis were recorded while there were no serious infrastructures failures and major terrorist incidents. 7 Table 1: List of Crises (2000-2012)4 Year/ month 2000/IV 2000/ VII 2002/ IV 2002/VI 2003/III Crisis Description Crisis Category Natural disaster Natural disaster Natural disaster Natural disaster Signature crisis # of persons killed 2004/IV Flood Extreme temperature Earthquake Flood Assassination of Prime Minister Djindjic transport accident 2005/IV 2006/II 2006/IV 2006/X Flood Flood Flood Explosion at a military depot 2007/XI 2008/II Flood Fire in a night club 2008/IV Chemical accident 2009/I 2009/XI Extreme temperature Flood Industrial/transportat ion accident Natural disaster Natural disaster Natural disaster Industrial/transportat ion accident Natural disaster Industrial/transportat ion accident Industrial/transportat ion accident Natural disaster Natural disaster 2009/XI H1N1 epidemic Natural disaster 136 2010/I Extreme temperature Natural disaster 3 2010/III Flood Natural disaster 2010/V Flood Natural disaster 2 2010/XI Earthquake Natural disaster 2 2010/XII Extreme temperature Natural disaster 2 2010/XII Flood Natural disaster 2012/II Extreme temperature Natural disaster 23 2012/IV Fire in a night club Industrial/transportat ion accident 6 Damage # of # of persons persons affected injured 4,000 3 1 1 2,400 7,500,000 12 38 2 3,790 1,200 35,000 35 12,370 8 2 27 500 3,210 750,000 to 1 million 3,150 27,030 1,750 34,497 Crisis5 is defined in Article 7 of the Law on Emergency Situations (LES) as "a situation when risks and threats or consequences of catastrophes, emergencies and other threats to population, environment and material goods, are of such scale and intensity that their occurrence or consequences cannot be prevented nor eliminated through regular activity of competent agencies and services, and for the 4 Table is based on EM-DAT: The OFDA/CRED International Disaster data (http://www.emdat.be/database) complemented with data from the Serbian MOI. Four disasters from EM-DAT data base (Flood in December 2000, transport accident in July 2002, miscellaneous accident in December 2003 and extreme temperature in January 2006, are excluded as there are not recorded in Serbian MOI. Crisis in italic letters are added to EM-DAT, and based on MOI records. 5 Generic legal term is emergency situation. Besides this more specific terms are natural hazard, technical and technological hazard - accident, disaster and emergency also used and explained in LES. 8 mitigation or elimination of which special measures, forces and means at higher operational regime are required."6 (Law on Emergency Situations, a.7, Official Gazette RS, 111/10). 2. Analytical Dimensions 2.1 Cultural and historical aspects of the civil security system 2.1.1 Administrative tradition Frequent disruptions of historical and political continuity in Serbia have been reflected in the organization of the state and security system. The tradition of the Serbian public administration is based on comprehensive legal regulation. Serbia inherited from the periods of socialism (1945-1990) and of the system of personal rule of Slobodan Milošević (1990-2000) authoritative legal models of public administration. One study found that the Serbian public administration has the following characteristics: • A strong centralization of decision-making authority; • A rule-oriented, risk-averse administrative culture; • Weak mechanisms for cross-ministerial coordination; • Lacks capacity for strategy and policy development; • Widespread problems of motivation; • Far reaching politicization. (The Serbian Central Government Administration, 2002) After the regime change in October 2000, the new government adopted a Public Administration Reform Strategy (2004), in which it is stated that public administration should not be viewed solely as “an instrument of government”, but rather as a system performing public services. A significant problem is replacing the previous spoil system with a system based on merit in public administration, its politicization and state disrespect of the law and court decisions rendered in favour of the citizens. (Milosavljevic, 2011). Serbia is a parliamentary republic with a multi-party system. The party (or the coalition of parties) which gets a majority of MPs in the unicameral parliament (250 seats) elects the government as an executive state-organ. Executive authority is exercised by the prime minister and cabinet members. The president is the head of state, and is elected by popular vote. Formally, the post of president is 6 English version of LES. Translated by MOI 9 largely a traditional role with almost no executive, legislative, or judicial authority. However, due to the president`s legitimacy, power of suspensive veto and some other provisions, in Serbian academia there is no consensus whether the Serbian political system is semi-presidential, (Pejković, 2010), while most authors believe that the new Constitution (2006) has brought about a significant rationalization of parliamentarism in favour of the executive branch of government. (Pejić, 2007). Serbia is a unitary centralized state7 with a majoritarian democracy, and some elements of consociational democracy as a corrective factor.8 In terms of administrative and territorial division, the Republic of Serbia is divided into Autonomous provinces (Vojvodina and Kosovo and Metohija9) – regional level Administrative areas (districts) – kind of mediator between local and regional/national level The City of Belgrade Cities and local level Municipalities.10 Municipalities and cities are gathered into 29 administrative areas (districts)11, which are regional centres of state authority (covering 3-12 municipalities or cities), but have no assemblies of their own. They are administrative-territorial units, a type of administrative-political sub-region with few powers of government, headed by a chief of district who is appointed by the government and accountable to the minister for regional development and local government, in which the state authority relocates some of its inspection and supervision services. Besides the City of Belgrade, as a separate territorial unit established by the Constitution and law, there are 23 cities, 28 urban municipalities, 150 municipalities, 6,158 villages and 195 urban settlements (Statistical Office of the Republic of Serbia, 2011). The municipality is the basic territorial unit with at least 10,000 inhabitants, in which local self government is realized. The city is the local self government established by law, which is the economic, administrative, geographic and cultural 7 According to some authors highly-centralized (Pešić, 2007) It is primarily about the representation of national minorities in the government structure. 9 The political status of Kosovo is the subject of a long-running political and territorial dispute between the Serbian government and Kosovo's largely ethnic-Albanian population, stemming from the breakup of Yugoslavia in 1990s, and the ensuing Yugoslav wars. In 1999 the administration of the province was handed on an interim basis to the United Nations under the terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the sovereignty of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties. The outcome of ongoing talks between Pristina and Belgrade under the auspices of the EU about this problem is still uncertain. 10 Besides this Serbia has five statistical regions (Belgrade, Vojvodina, Šumadija and Western Serbia, Eastern and Southern Serbia and Kosovo-Metohija). This division is created for the purpose of statistics gathering in accordance with the Nomenclature of Territorial Units for Statistics. 11 Five of them on the territory of Kosovo and Metohija 10 8 centre of the wider area and has more than 100,000 inhabitants.12 A city can have two or more urban municipalities. The mayor (head of city administration) and head of municipality are elected by councillors of the Assembly. Each administrative level has responsibility both for crisis management preparation and response, within its constitutional/legal mandate and operative capacities.13 The local level has more of an operational role; the administrative area level is a kind of mediator14 towards provincial/national level of government. The national level is dealing more with strategic matters and overall designing, coordinating, monitoring and correcting the system. According to LES the Republic of Serbia shall ensure the establishment of an integrated civil security system. The Parliament is responsible for adoption of a National Strategy for Protection and Rescue in Emergencies (NSPRE) while the government is responsible for all system aspects of civil security (adopting plans, risk assessments and other documents, ordering general mobilization of the civil protection units, supervision of crisis preparations etc.). The SEM, as a specialized organizational unit of MOI, coordinates the activities of all state and civil society institutions involved in emergency and disaster management at all levels of political territorial organization. The organization and main functions of SEM are presented below (Figure 1). 12 Law on Territorial Organization and Local Self-Government. Exceptionally, new municipalities can be established with less than 10000, and towns with less than 100,000 inhabitants due to economic, geographic and historical reasons. 13 For example, when it comes to organizing and implementing protection against floods and overall water management, a municipality is responsible for waters of the second order while the responsibility for the waters of the first order is divided between the Public Water Management Company (PWMC) “SRBIJAVODE, PWMC “VODE VOJVODINE” for the territory of the province of Vojvodina and PWMC “BEOGRAD VODE” for the territory of Belgrade. PWMCs are under the Water Management Directorate of the Ministry of Agriculture, Forestry and Water Management. See more on http://www.srbijavode.rs/eng/index.htm 14 The role of administrative district in crisis management is not clearly defined in LES. 11 Figure 1: Crisis Management in Serbia (Organisation Chart) Source: http://prezentacije.mup.gov.rs/svs/HTML/organizacija.html Besides SEM, different ministries, other agencies and special organizations15 within their respective areas of responsibility have roles in crisis management and can even be key players in some specific crises (e.g. pandemic or CBRN threats. Looking top-down, SEM has its organizational units for the territory of the district and city/municipality with a support (service) role in the district/local EMHQ as main operational and 15 Those ministries, agencies and organizations are shown on the organogram to the right of SEM. 12 expert bodies for coordinating and managing crisis response. They are permanent bodies16 established for the territory of municipality and city by respective assembly, for the territory of administrative district by NEMHQ, and for the territory of autonomous province and republic by respective governments. EMHQ is comprised of: commander, deputy commander in the metropolitan and municipal HQ, head and members. If needed, EMHQ shall establish auxiliary expert and logistic teams to execute specific tasks related to protection and rescue. Figure 2: EMHQ structure NEMHQ Commander- Minister from Gvnt Head – SEM Head Members – ministers, head of agencies, Red Cross…. Province EMHQ…. MOI Minister SEM Head Ministries (Defence, Health, Transport….) Agency for Ionizing Radiation Protection Red Cross, Mountain Rescue Service…. Public Companies, Utility Services district EMHQ Commander – Chief of District Head / distr. SEM chief Members – distr. chiefs of health, transport and other agencies, companies directors… local EMHQ Commander – Mayor Head / local SEM chief Members – local chiefs of administration, local companies directors, medical services, water management… SEM District level SEM City/municipal level District branches of Public administration (Defence, Health, Transport….) Red Cross, Mountain Rescue Service…. Public Companies, Utility Services Local branches of public administration (hospitals , social care) Red Cross, Mountain Rescue Service…. Public Companies, Utility Services Source: MOI In the “cold phase” of a crisis, EMHQ is coordinating activities of all actors regarding risk assessment, planning, preparation and preventive measures (risk reduction), while in the “hot” phase, HQ is responsible for response, i.e. implementation of crisis plans and recovery activities. Following the principle of gradual deployment of forces and resources (LES, a. 5) in protection and rescue activities, forces and resources of the municipality/town shall be deployed first. In cases when, due to the size of a disaster or threat, the forces and resources of local self-governments are not sufficient, the EMHQ shall request deployment of forces and resources from the higher level of 16 These are the bodies with permanent members – the heads of relevant institutions are automatically members of the HQs, but in cases of specific crises, besides regular members, the HQs may include other members, managers, experts and so on. This does not mean that they have employees that come to their offices each Monday morning. It is more like project organizations. During the cold phase of the crisis HQ is actually a kind of network with respective organizational unit of SEM as a main pillar. 13 government (regional/provincial/national). The police17 and Serbian Army shall be deployed when the available forces and resources are not sufficient for protection and rescue activities. Responsibility is delegated to higher levels of government through EMHQ. Upon the request of a commander of a lower HQ, a higher HQ is engaged in crisis management. A decision on declaration of an emergency situation, at the proposal of the relevant EMHQ, shall be passed by the president of the municipality/mayor/executive body of the autonomous province/Serbian government for the respective territory. The procedure is the same for declaring the end of an emergency situation. Exceptionally, it is possible that the NEMHQ, as the highest authority for emergency management, immediately assumes control of an emergency situation if it deems it necessary based on the information and its own assessment, without waiting for the up-scaling procedure. 2.1.2 Government/social culture According to the Geert-Hofstede survey of government/social culture (Hofstede et al. 2010) Serbia is a society where people accept a hierarchical order without any further justification. Such a society may be labeled as having a large power distance. Serbia is a collectivist country where people tend to view themselves as members of an extended family or organization. They place group interests ahead of individual needs. Also, Serbian society is a society with a high level of uncertainty avoidance. In general, Serbian society feels a greater need for consensus and written rules, and is intolerant of deviations from the norm. The value placed on caring for others and quality-of-life are considered to be highly important. As a result, Serbian society is what is called feminine.18 (Lukashenko, Vlajković, Stojanović, 2009) Those findings were confirmed also by Serbian research results that point out deep roots of traditionalism in rural life, value transformation during socialism (collectivism, solidarity, equality), emerging liberal values associated with introducing a market economy (slowed due to "political capitalism" during Milosevic`s regime) and a powerful impetus to authoritarianism given by disintegration of the country, economic collapse, civil war and UN sanctions. (Mojić, 2004). Complementary results are in the survey on national-level value scores for 2006, where the Serbian score for traditional/secular-rational values is 0.35 and for survival/self-expression values is 0.62. (World Value Survey, 2012). However, as a multinational and multiconfessional society, Serbia is not homogenous in a cultural sense. 17 18 The Serbian police force is a national centralized organization within MOI. However, there are no data on other values like negotiation, equality, etc. 14 A turbulent transition period of the last decade added a number of uncertainties in public administration. Today’s bureaucracy was also shaped under external factors.19 The unstable “constitution” of the state during these transition years and the frequent changes of government are among the factors that determined the external environment in which today’s bureaucracy is operating, and thwarted progress of what is called ‘enabling environment for changes’. The fact that the Serbian general public has been more ‘pro-state’ oriented also resulted in a lack of a high level of pressure for change inside the public administration (Lukashenko, Vlajković, Stojanović, 2009). In terms of the political and strategic culture, Serbia is divided between two opposing discourses: national-liberational and civic-democratic, that construct two different visions of national identity. While the former proscribes the values of national independence, defiance and civilizational ambiguity, the latter favours EU integration, compromise and alliance with the West. (Ejdus, 2007/2008).20 The evolving civil security system is the result of these conflicting elements and values that characterize the search for national cultural identity, after the discontinuity caused by communist rule and the utopian project of creation of the Yugoslav federation. 2.2. Legal & constitutional aspects 2.2.1 Statutory basis The general legal framework for the civil security system is shaped by the Constitution of the Republic of Serbia (2006), Law on State Administration (2010), Law on Ministries (2011), Law on Local Self‐Government, (2007) Law on Measures in case of State of Emergency (1991), Law on Police (2006), Law on Serbian Army (2007), Law on Defence (2009) and strategic documents: National Security Strategy (2009) and Defence Strategy of the Republic of Serbia (2009). The Serbian civil security system is defined in LES adopted on 29 December 2009,21and its implementation began in July 2010. LES defines how emergency situations are declared and managed; systems of protection and rescue of citizens; rights and obligations of citizens, state agencies and other actors; inspection and supervision, international cooperation and other relevant 19 First of all, socialist countries‘ doctrine where state administration was placed within the framework of the "class essence of state and law" with specific repressive features (tasks of public administration defined as "tax collection, political repression (banishment and exile, arrest), management and organization of the military, espionage and counterintelligence, protection of the social order and national security, etc." Denisov, 1949: 165) and the "public service model" of administration prevailing in the developed European countries, derived from the concept of the social function of the state and public administration and their role in the achievement of general interest and social welfare (bono publico)( Duguit, 1913/1929). 20 Citizens’ support to Serbian EU integration is declining from more than 70 percent in 2003 to 47 percent in December 2012.(BCBP, 2012) 15 issues. It is oriented towards emergency response also mentioning some elements of prevention. The law was slightly amended in 201122 and 2012.23 The LES has generally regulated the area of crisis management at all administrative levels, so the provincial and municipal regulations only operationalize the provisions of the LES. Since the LES was adopted as an umbrella law in the field of emergency and disaster management, a number of bylaw acts, which regulate rights and obligations of all stakeholders, have been adopted, and others are currently being prepared, commented on and amended. However the legal framework has not yet been completed because all the bylaws, decisions and directives are not adopted.24 Beside LES there are a number of complementary laws that are also relevant for the civil security system that regulate different fields like the Law on Fire Protection (2009), Law on Defence (2009), Law on Environment Protection (2009), Law on Water (2010), the Law on Air Navigation, (2011), Law on Protection Against Ion Radiation and Nuclear Safety (2012), Law on Safety and Protection at Work (2005) etc. 25 Very important laws in this area that are still not adopted are the Law on Explosive Materials, Law on Flammable Liquids and Gases, Law on Hail Protection and Law on Private Security. Following the adoption of the LES, the strategic documents that have been adopted include the NSPRE (2011), Fire Protection Strategy 2012-2017 (2012). The drafting of the Action Plan for Implementation of NPRRS is in progress,26 while the National Risk Assessment and National Emergency Plan should be adopted by the Serbian Government in 2013. 21 Besides the knowledge and experience of Serbian experts, the LES included the recommendations of the respective UN offices dealing with disaster risk reduction and disaster management (including UNISDR and UNDP). A number of laws, regulating the field of disaster and emergency management in the EU countries, were studied with the aim of implementing the best practices of other EU countries in this field. Comparatively observed, adopted solutions are most similar to the Czech model 22 These amendments included enlargement of NEMHQ competencies, so it could serve as the National Platform for disaster risk reduction in accordance with the HFA 23 With these amendments the mandatory payments into the budget fund for emergencies are abolished. 24 So far 29 bylaws are adopted and several are still to be adopted. Despite this, some professionals believe that there are reasons for the adoption of an entirely new law on emergency situations (Interview with key respondent in MoI). 25 These laws focus both on prevention and response. They define hierarchy in a functional domain and interdepartmental relations. They do not overlap with the LES, but they are complementary and compatible with it. 26 It was planned to be adopted in 2012. 16 2.2.2 Political dimension A crisis management policy draft has been conceptualised by MOI (SEM) and later on discussed and harmonized in the NEMHQ, a body comprised of ministers (Defence, Health, Transport etc.), heads of agencies, Red Cross, Mountain Rescue Service (MRS)etc. (See Figure 2)27 and experts. EMHQs at each level of government have both political and operational responsibility for crisis preparedness and response as they are headed by both political representatives/commanders and professionals/heads.28 SEM is primarily responsible to the minister of interior. Also, public officials of other ministries/agencies that might be key players in certain types of crisis are primarily responsible to the minister of specific departments (e.g. in case of pandemic to the minister of health), but also to EMHQ. Commanders are accountable to respective political bodies (assemblies and governments) and higher EMHQ. However the NEMHQ commander cannot replace or impose sanctions towards municipal HQ but only initiate this in front of the competent body that elected him/her. The EMHQ head is accountable horizontally to the commander and vertically to his/hers superiors within SEM and to higher EMHQs. However, if the mayor would like to replace the EMHQ head who he holds responsible for failures in coping with the crisis he could not do it directly, but only initiate the process in MOI/SEM to determine his/hers responsibility. Under certain circumstances, there are specific arrangements for crisis management response that might mean temporary derogation of human rights. The Serbian Constitution and legislation recognize both state of emergency and emergency situation. An emergency situation refers to natural disasters, technological accidents and other accidents and threats to people, property and the environment with no political dimension in which generally crisis form of government that includes derogation of human rights should not be introduced (Milosavljevic, 2011)29. A state of emergency can be declared by Parliament and generally refers to human causes with political dimension. As in the Law on Defence (art. 4.), it is defined as a state of public emergency which is threatening the viability of the state or its citizens, caused by a military or non-military challenges, as well as security risks and threats in certain circumstances, without prescribing additional conditions under which it could be determined. An emergency situation may grow into a state of emergency, in which case Parliament may prescribe measures to derogate constitutionally guaranteed human and minority rights. These derogations are permitted only to the necessary extent; derogated rights have to be 27 Members of NEHQ and lower level HQ are pre-defined. On national level they are automatically appointed and NEHQ is formed after the government is formed. 28 Professionals/heads are responsible to the political representatives on respective level of government. Besides this, vertically they are responsible to the head of SEM. 29 However, some human rights might be derogated, i.e. temporarily suspended (like in case of evacuation, quarantine etc. 17 enumerated and cannot relate to the absolutely protected rights enumerated in the Constitution such as the right to life, etc.30 At the discretion of the competent EMHQ, an emergency situation can be declared for a municipality/town/city of Belgrade (by president/mayor) and for the territory of Serbia or a part thereof if the threat occurs in a minimum of two municipalities if their capacities do not suffice as a response (by the Serbian government at the proposal of NEMHQ). 2.2.3 Operational dimension Crisis management policy is formulated by SEM on each level of government and adopted and implemented by EMHQ. The head of SEM and SEM chiefs on lower levels are accountable for performance of SEM. The same refers to executives in other agencies and special organizations. Each agency and organization is hierarchically (vertically) accountable along the levels of government and horizontally to respective political representatives. For example, the head of municipal EMHQ is accountable to the Head of SEM and, in a certain way, to the local president/mayor as a commander of EMHQ (See 2.2.2.) Planning and Risk Assessment On the national level there are NSPRE (strategic document dealing with overall development of the civil security system), and National Plan of Protection and Rescue in Emergency Situations (an operative /annexes document with sub plans for different kind of crisis).31 MoI/SEM prepares drafts of all plans adopted by the NEMHQ and later on by the government while ministries, other agencies and special organizations participate in developing national plan documents and develop and implement the National Plan within their responsibility. 30 Secretary general of the UN and of the Council of Europe should be informed on those derogations. Besides that, there is an annual work plan and progress report of the National EMHQ. 31 18 The basis for national plans are plans of protection and rescue on lower levels (companies/municipal/ city/administrative areas/province). Lower level plans are integrated in the national plan. However, besides a bottom-up, a top-down approach is also applied. When national plan documents are adopted, lower level plans have to be aligned with the national plan. However, these plans do not currently exist.32 They will be prepared after conducting the vulnerability/risk assessment in the described bottom-up manner.33 Only in October 2012, guidance on the methodology for the development of vulnerability assessment and plans of protection and rescue has been enacted. Vulnerability assessment will be conducted by certified experts for municipalities and verified by EMHQ. The next phase will be a risk/vulnerability assessment for administrative areas/provinces and finally for Serbia as a whole. It is projected that in mid 2013 the Assessment of Vulnerability of Serbia to natural and other disasters will be finished. The planning process on new grounds will follow after the vulnerability assessment. Communication: The Serbian system for emergency communication has two dimensions: crisis communication with citizens (described in the section 2.3.2.) and strategic and operative communication within crisis management actors. Different bodies and agencies on the strategic level communicate using ordinary means of written and electronic communication, and also organize meetings of operative bodies, first of all EMHQs. When it comes to operative communication in crisis situations traditional phone and radio systems are used together with the TETRA system, integrated digital radio networks, and to a certain extent internet-based platforms. The department for telecommunication of MOI is responsible for managing the network. However due to vulnerability of the tetra system, analogue systems have not been abandoned. In Serbia there is no single number that citizens can call in a case of an emergency. Each emergency service has its own emergency number and a dispatch centre (192 - the police, 193 - fire-fighters, 194 - ambulance), whose coordination is inefficient, the system for callers’ identification/location is not functional and the database for tracking all risks, events, emergencies and disasters has not been properly developed. The introduction of a universal system, "number 112 for emergency calls” will 32 Plans that currently exist are outdated, collecting dust on the shelves. (Interviews with key respondents in MOI) 33 Actual vulnerability assessments are provisional, based mainly on statistic data, and rather outdated. 19 provide a coordinated, rapid and efficient intervention and assistance in emergency events in full compliance with the EU standards. 34 Logistics: EMHQs are responsible for coordination and logistics. At each level of government they have an insight into resources of local communities, MOI, Red Cross, Army, public and private companies and they distribute them in accordance with priorities. In this perspective, a special unit of civil protection for logistic is planned. It will have its branches strategically placed around the country, in accordance with the types of risks and dominant threats. When it comes to distribution of resources it should be noted that due to the years of decline, economic crisis and NATO bombing in 1999, the transport network and infrastructure in Serbia are in poor condition. The transport organization is inadequate (Drobnjak, 2012) so it is impossible to get to some mountain villages, especially in eastern Serbia during winter storms. Monitoring: EMHQ are responsible for monitoring of unfolding or ongoing crises in specially equipped situational/operational centres that are usually situated in municipalities and/or police, fire and rescue facilities. In the capital, Belgrade, there are two situational centres, one for NEMHQ (international crises and the main contact point for international disaster help) in the government building and the one in the building of city government for local EMHQ. Also, the metropolitan police, the first aid and fire brigade have their own operative centres. Case study The most serious challenge for the new Serbian civil security system was the extreme weather conditions (heavy snowfalls and extreme cold) in February 2012. Following the proposal of the NEMHQ on 5 February 2012, the government declared an emergency situation on the whole state territory. All protection and rescue activities, as well as preventive measures were coordinated and managed by the NEMHQ. In this crisis 23 people died due to extreme cold, whilst 310 were rescued. Approximately 11,122 households and 34,497 people were affected (deprived of electricity, food, water etc.) while 920 households with 2,400 people were completely cut-off in the distant mountain villages. Rescue and evacuation operations were conducted and assistance was provided to people in urgent need of medical assistance, food supplies etc. The most affected population was in the municipalities of Sjenica, Nova Varos, Kraljevo, Novi Pazar, Valjevo, Osecina, Ivanjica, Prokuplje, Kursumlija, Zagubica. 34 Paper work (projecting etc.) for 112 is finished but there is no money for its implementation. It is planned that implementation will start in April 2013 and it will last two years. 20 Only local and uncategorized roads in 38 municipalities in distant mountain regions were not passable (approximately 4,200 km). Rescuers from the emergency services reached all those in need for medical assistance and supplies, and evacuated the affected populations from remote regions. Local EMHQs coordinated the delivery of medicines, food supplies, warm clothes, blankets etc, and rescue activities of the emergency services, Red Cross centres and centres for social care. Heavy mechanizations from public companies and the Serbian Army were deployed for clearing the roads. The government has allocated financial assistance from the budget for the affected municipalities, as well as fuel for machines and specialized vehicles. Serbian private companies also donated fuel for the affected municipalities, and citizens put themselves and their equipment at the disposal of the authorities for the rescue operations. At the last session of the NEMHQ on 22 February, the members discussed the efficiency of the actions taken, as well as the report on the current situation regarding the risk of floods due to ice cover formation on the rivers and landslides. Following the decision of the NEMHQ, an operational expert team for flood protection was established. It was proposed to the government that the emergency situation should be revoked. The emergency situation in 23 municipalities remained for a while. The capacities of the Republic of Serbia have been sufficient to deal with the situation and there was no need for international assistance (SEM/MOI Report (2012). This typical, but extreme crisis35 was the first serious test of the new system and the system passed its first exam. 2.2.4 External cooperation Serbia has signed bilateral agreements on cooperation and understanding with neighbouring Montenegro and Bosnia and Herzegovina; signing of agreements with Romania, Hungary and Croatia is in the final phase, while agreements with Macedonia and Bulgaria are at the beginning. Due to territorial disputes there is no cooperation or even contacts with Kosovo as an entity but only with the northern part populated by ethnic Serbs.36 Similar agreements (memorandums) are signed with Denmark, Slovakia, the Russian Federation,37 Ukraine and Azerbaijan, while one with Greece is being prepared and with France and Italy there is a signed letter of intention. Bilateral agreements are very important as they regulate planning and implementing measures in protection from floods, earthquakes, fires, environmental pollution, waterway traffic incidents, 35 Such a winter storm has not been recorded in the last 30 years. Relations of ethnic Serbs from Kosovo with Serbia and the issue of „parallel institutions“ are subject to ongoing negotiations under the auspices of the EU. 37 Cooperation with Russia attracted special public attention due to some speculations that the Serbian-Russian centre for emergency situations in Niš could become a logistics base for Russian army operations. See more in Abusara and Savković, 2009. 21 36 radiological dangers, industrial and other disasters; exchange of information on those disasters and scientific, technical and other data, mutual help in protection, rescue and recovery and training (courses, seminars, joint exercises) and priority border crossing procedures arrangements, including customs and immigration controls, with a view to facilitating intra-regional and international transit for emergency relief/recovery purposes are regulated (Mladjan, Marić and Baras, 2012). These agreements are generally standardized, focused on the response phase of the crisis and mutual assistance, with rather clear procedures, and floods and fires are main reasons for bilateral cooperation. They have been activated seven times in case of fires. Serbia has up to now granted assistance to Montenegro (3 cases) and Bosnia and Herzegovina (1 case) and received assistance from Russia (4 cases).38 The Serbian MOI with the heads of emergency management services from Albania, Macedonia, Bosnia and Herzegovina, Slovenia, Croatia and Montenegro adopted the conclusions on establishing a network of regional specialized centres for reacting in emergencies in SEE in order to use and develop existing capacities of the states and pooling of resources. To avoid duplications within the region, a network of different centres of excellence in SEE will be established. The main task of the centers will be disaster response training and coordination. There should be one center of excellence situated in each of the states specialized for a certain area of expertise. (floods, forest fire, disaster risk analysis, wildfire, coordination of response, earthquake, cave rescue, etc.). (Interview Key respondent MOI) Serbia participates in 10 international multilateral agreements: United Nation's Office for Disaster Risk Reduction (UNISDR), United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), United Nations Development Program (UNDP), European and Mediterranean Major Hazards Agreement (EUR-OPA), Disaster Preparedness and Prevention Initiative for South Eastern Europe (DPPI), Adriatic Ionian Initiative (AII) Black Sea Economic Cooperation (BSEC), the International Commission for the Protection of the Danube River (ICPDR), International Sava River Basin Commission (ICSRB or Sava Commission) and International Civil Defence ICDO (observer status). Multilateral agreements were activated only once when UNDP gave assistance after the Kraljevo earthquake.39 Although Serbia is not an EU member, but only a member candidate from 2012, the country maintains communication with MIC in Brussels and acts as if it is a member state (Interview key respondent in MOI). (See chapter 4.) 38 The data refer to period 2007-2012. There are no data for the period 2000-2007 when Serbia was in a federal state with Montenegro. 39 It is also worth mentioning that Serbia is member of OSCE and NATO Partnership for Peace. 22 2.3 Relations between the state and its citizens 2.3.1 Expectations According to LES, art. 4., all capable citizens perform physical tasks for the purpose of protection and rescue, undergo training for personal, mutual and collective protection and implement the measures and perform tasks related to civil protection. They have the responsibility to accept the deployment schedule assigned to them upon deployment in the civil protection agencies and units; respond to the summons of a competent civil protection body; submit data relevant to protection and rescue to the competent body without delay; and provide data required for keeping registries relevant to protection and rescue (LES, art. 21). Also, when required for protection and rescue purposes, citizens shall put real estate, vehicles, machinery, equipment, material and technical and other material resources (water, food, medical equipment and medications, clothing, footwear, construction and other materials) at the disposal and use of the competent body for emergency situations (LES, art. 24). So far there have been no research or opinion polls on citizen perceptions of most probable incidences and their expectation toward government responsibility for civil security and its crisis management capacities. In a survey conducted by CeSID, citizens were not asked if they are concerned with disasters but with other security problems. Results showed that the surveyed citizens are most concerned about corruption and drug addiction.40 Figure 3: Security problems that Serbian citizens face Source: CeSID 2011 40 Actually they were not asked about fear of disasters. 23 However, having in mind the still dominant state centric concept of security (Hadžić, 2007), it can be assumed that citizens hold government most, if not solely, responsible for coping in a crisis. There are opinion polls on citizens’ attitudes towards MOI, which the SEM is part of. However, those findings cannot be translated on to SEM, as most citizens identify MOI with the police.41 There are no research data or official estimations of citizens’ willingness to assist in emergencies. There are around 80,140 volunteers in major relief organizations (Red Cross – 60,000, MRS – 140 and voluntary fire brigades around 20,000). In certain cases citizens were absolutely not interested in helping in firefighting,42 while there are also completely different examples.43 2.3.2 Information According to the principle of transparency in LES, state administration, agencies of autonomous provinces and local self-governments shall ensure for the populations in the areas potentially affected by natural or other disasters, to be informed about the threat thereof. The state informs citizens about impending and unfolding crises using electronic media, first of all the national TV 1 channel and Radio Belgrade 1, as those media reach the whole country, and print media in some crisis situations. In cases of severe crisis there are legal provisions to interrupt programming and give an announcement or warning.44 The Internet is used for the purpose of prevention and raising citizens’ awareness, general advice and periodic informing of citizens and journalists and for SEM public relations. It is not used for operative crisis communication and warning due to complicated and time consuming administrative procedures of editing the MOI website45 as well as the fact that less than 50 percent of households are connected to the net (Statistical Office of the Republic of Serbia, 2010). On the SEM presentation on the MOI site there are links to Facebook and YouTube that are used by the SEM in order to inform 41 There are significant differences due to a negative legacy from the period of Milosevic’s rule when the police were used against the opposition. Besides that the police are authorized to use force and mediate in different kinds of situations. 42 In the southern town of Pirot citizens were swimming in the pool, while near them firemen were trying to put the fire under control. (Interview key respondent in MOI) 43 In a forest fire near the town of Uzice 800 volunteers were fighting fire, and refusing help from neighbouring municipalities (Interv. Red Cross) 44 At the request of the Logistics Centre 112, the radio and television broadcasting companies with national and local frequencies shall automatically interrupt broadcast of programmes in order to transmit adequate information of interest to protection and rescue. Mobile telephony operators shall provide free transmission of information of interest to protection and rescue to the telephone subscribers at the request of the Logistics Centre 112. (LES, art. 107). 45 SEM does not have its own website but only a link on MOIs website. Besides this, very useful and accurate information in certain types of crises can be found on the Internet site of the Republic Hydro meteorological Service of Serbia http://www.hidmet.gov.rs/index_eng.php and Agency for Radiation and Nuclear Safety of the Republic of Serbia http://www.srbatom.gov.rs/srbatom/index.htm# 24 citizens. There is a legal and technical possibility for using SMS warnings via mobile networks, but it has not been used so far. During the NATO campaign in 1999, also sirens, as a part of the national warning system, were widely used, but nowadays they are not in a functional condition, due to the lack of finance, and there is no equipment for their manual activation (http://vesti.krstarica.com/drustvo/sirene-u-losem-stanju/). In case of a national crisis, usually the head of SEM is responsible for crisis communication. However, sometimes the MOI might take the lead. It is also possible that the head of SEM delegates the responsibility for crisis communication to his/hers assistant or to a certain expert. However, in case of pandemic, the minister of health is in charge of crisis communication. On the very scene of the crisis operation the commander can give the first statement. EMHQ can also give relevant information. In cases of local crises, heads of local SEM branches or fire brigade commanders are responsible for crisis communication. In order to raise awareness, campaigns are conducted periodically in the media (fire risk in the hot/dry season, the use of fireworks for the Christmas holidays, preparing for a season of floods, drought, etc.) setting posters in the classroom and so on. There are no data about information channels citizens prefer and if they feel well informed on crisis preparedness. Also, government agencies usually do not publish inspections and evaluations and use them only for their own internal purposes. 2.3.3 Education The LES presents a starting document for planning and organizing the education of the population. In article 119 it defines that in order to gain necessary knowledge of personal and mutual protection, citizens are trained and enabled for preventive protection and rescue. We can conditionally talk of four levels of training and commitment of the civil subjects on that plane. (Babić and Babić, 2012). The highest level of training is organized and conducted by the specialist training department and the civil protection training department of SEM, in charge of basic training and enabling all members of the protection and rescue system (SEM employees, all level EMHQs, specialized units of civil protection, apparatus of the companies, other legal entities important for protection and rescue, citizens) to gain necessary knowledge of personal and collective protection, and also to foreign citizens in accordance with the regulations and bilateral agreements. In 2011- 25 2012, 309 members of EMHQ were trained (in 2011 - 131 commanders and in 2012 - 178 heads on a one/two-day training course). Figure 4: Levels of training for civil security in Serbia Sourcе:Babić& Babić, 2012 Local self-governments (municipality/town) organize and conduct training and enabling of the commissioner, the deputy commissioner of civil protection and the units of general purpose for their territory, and training of organizations and citizens in personal and collective protection. On the other hand, so far, no measures have been initiated to start training citizens according to the place of their life and work.46 The third level of training is conducted with companies and other legal entities that plan and provide the means for organizing, supplying, enabling and training of the units of civil protection (that they form). The Red Cross of Serbia performs the training of citizens and the units of civil protection in giving first aid, in accordance with the public authorization and by established curriculum and criteria. Specialized training is provided by the MRS and voluntary fire associations. The fourth level of training is conducted in the elementary and secondary schools. Its purpose is gaining knowledge of the dangers from natural and other disasters and how to protect against them, in accordance with a special law and appropriate curriculum.47 SEM also produces awareness raising materials like posters placed in schools or on the Internet and conducts different campaigns.48 46 This is planned for 2013. On the basis of the law, the minister of education and science was obliged to prescribe a way of training in the elementary and secondary education, which has not been done yet. 48 Like MOI-SEM/OSCE (2012).Family Guide for Behaviour in Emergencies, Belgrade. This booklet is also available in print (12,000 copies). 26 47 In general the way the training is handled now is not satisfying (MOI-SEM/OSCE, 2012). The NSPRE recognized that conducted training sessions are outdated and non-functional and, as such, not in accordance with the needs of an integrated system of crisis management, so they have to be enhanced, modernized and improved through creating appropriate curricula. There is an official recognition that to date there has been an inadequate use of knowledge, innovation and education to build a culture of safety and resilience in Serbia (Serbia: National progress report on the implementation of the HFA, 2009). Also the government does not support research and technological development (Int. key respondent in MOI). 2.4 Role of the private sector in maintaining civil security 2.4.1 Role of societal/non-profit organizations/ NGOs Non-profit organizations are important actors in the Serbian civil security system. On a general level their role is defined in the LES. The position and responsibility of the Serbian Red Cross as the most important partner is determined in more detail (in even 10 articles of LES), while the role of the MRS refers to first aid and preparation and execution of tasks related to protection and rescue in inaccessible terrain. They are also included in crisis management as members of EMHQ, participating in planning, preparedness, exercises and crisis response. Besides those organisations, additional associations, alliances and societies and clubs related to cynology, diving, nautical science, alpinism, speleology, radio-amateur radio, scouts and other participants are mentioned in LES as relevant to protection and rescue. So far, the legal status of the Red Cross is rather clear, while the positions of the MRS and voluntary firefighting associations are not defined by the law, nor are their status and relations with the state (performing public powers, usage of radiofrequencies, system of licensing, rights and responsibilities etc.).49 The main reasons for this situation are inertia, slow bureaucratic procedures and a lack of financial resources. The partnership between the government and those agents is not formalized in a contract, memorandum or similar legal act that clearly determines mutual rights and obligations in performing planned assignments (Red Cross interview). The MRS has a good cooperation with SEM based on personal contacts and relations, (MRS interview) while among voluntary firefighting associations and professional firefighters (part of SEM) there is a certain competition, if not even hidden antagonism. (National voluntary fire fighting association interview; SEM interview) 49 It is planned to regulate the status of volunteer firefighters with a bylaw (Interview key respondent in CPA) 27 Except the Serbian Red Cross, in all non-profit relief organisations tasks are carried out by volunteers and they need to bear the costs of operations themselves. The Red Cross is partly financed by the state (when performing public powers), while the MRS is financed through projects (some of them with SEM), donations, sponsorship and providing certain services (like protection and assistance in skiing resorts). Voluntary firefighting associations provide funds for their own operation through maintenance of fire extinguishers and training programs, local government donations etc. They are also supposed to be financed partly by the state (through the Republic Fund for Emergency Situations), but, due to the lack of financing it is in practice not functioning. The Red Cross of Serbia is a humanitarian, independent and voluntary organization that consists of two Provincial Red Cross branches and 183 branches in towns and municipalities. The mission of the National Society is to alleviate human suffering with the task of providing help to the vulnerable at times of armed conflict, natural disasters, ecological disasters and other emergencies, saving vulnerable lives and health of people, disseminating knowledge of international humanitarian law, working on prevention and education of citizens in the health and social welfare sector, promoting the humanitarian values of society and, in the state of need, providing social protection and assistance. The most important public powers conferred by the Red Cross Law are to participate in the protection and evacuation of the population, material and other goods; to collect and distribute humanitarian aid; to participate in the reception and in the provision of accommodation to evacuees, refugees and displaced persons in the event of armed conflict, natural and other disasters in peacetime and wartime; to organize solidarity actions; to train citizens to be members of the civil defence on the territory of the Republic of Serbia to provide first aid, victim registration, family tracing etc. The program activities are implemented thanks to 60,000 volunteer and professional engagements of 800 employees in the network of the Red Cross of Serbia (Red Cross, n.d.). 2.4.2 Role of profit-oriented organisations Serbia is a transitional country and its economy is still undergoing the process of privatization. Critical infrastructures are managed by public companies that are not only profit oriented, but have to take care of the public interest. Companies, other legal persons and entrepreneurs are recognized as participants in the civil security system (LES, art. 4). Besides this, the general legal provision of LES defines two categories particularly important for crisis management: Authorized legal persons - companies and other legal entities entrusted to perform the activities of special interest for the Republic of Serbia in the field of telecommunications, energy and mining, railway transport, meteorology, hydrology, seismology, protection from 28 ionizing and nuclear radiation, environmental protection, water management, forestry and agriculture, health care and accommodation and veterinary medicine Trained legal persons - companies and other legal entities trained and equipped for protection and rescue activities such as: public utility companies, construction companies, water management companies, forest management companies, catering companies, mining companies, transport companies and other legal entities, private security companies and commercial aviation. On the national and district levels there are no contracts between state and private or public companies. There are only government decisions which explicitly specify authorised and trained legal persons that have obligations in emergency situations. This includes a total of 108 authorised and trained legal persons on the national and 245 on district level (Official Gazette, No. 36, May 27, 2011).50On the local level there are formal contracts between private companies and local governments that regulate their rights and obligations in emergency situations, while the public enterprises have a legal obligation to participate in crisis management. Concerning the Seveso directive,51 the LES envisaged special obligations and responsibilities for informing, planning, environmental protection and crisis response in companies and other legal persons that use one or more hazardous substances and that manage special high risk facilities with potential disaster and terrorist risk for human lives and health. 50 On the national level the most important among public companies are the Serbian Postal Service, power and electricity production/supply companies, Serbian railways, hospitals and a number of faculties, and among private companies are those engaged in the pharmaceutical industry, transportation, construction, commerce, etc. 51 Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (as amended) is a European Union law aimed at improving the safety of sites containing large quantities of dangerous substances 29 Companies plan and ensure resources for: organizing, equipping, capacity building and training of civil protection units they establish; organizing and preparation of personal, mutual and collective protection and implementation of measures and tasks of civil protection of their employees, material and other goods; while those from the sectors of health, education, social welfare and other sectors which have protection of a large number of persons within their mandate, shall plan, organize and implement measures and tasks of civil protection also for the persons who are beneficiaries of their services. Companies’ plans should be aligned with the plan of protection and rescue in emergency situations of the local self- government unit on the territory on which they are located. The manager of a commercial company or manager of other legal persons is responsible for preparation for protection and rescue from natural and other disasters. In case of emergency situations, companies and other legal persons,52 owners and users, shall put the use of the following at the disposal of the SEM: electronic communication networks and information systems and connections; equipment and material and technical devices together with the necessary human resources; reserves of water, food, medical equipment and medications, energy sources, clothing, footwear, construction and other materials required for execution of tasks related to protection and rescue. Real estate owners and users shall enable performance of works ordered by the SEM required for protection and rescue from natural and other disasters and threats, whenever so required on their real estate. On the other hand the state has the obligation to fairly compensate companies, legal entities and citizens. The activity of private security companies is in practice not regulated by the law, but some of them are responsible for protection of critical infrastructures (like waterworks and electric power facilities) so they might be important also in prevention and reaction in crisis situations (Interview Key respondent private security company). Public private partnership in Serbia is just at the beginning53 so there are no significant indications of possible models of PPP in crisis management activities (Serbian Response to the EU Questionnaire for the Member States on Experiences,2011). However, there are positive examples of companies’ engagement in emergencies like in floods in Trgoviste and after the earthquake in Kraljevo in 2010 (Radovic & Andrejevic, 2011). 52 This also refers to international/multinational companies, like Naftna Industrija Srbije/ Petroleum Industry of Serbia, whose majority owner it the Russian company GAZPROMNEFT. There are ongoing debates on the legality and legitimacy of the purchase provisions. 53 Law on PPP and concessions was adopted in November 2011. 30 Faculties and other organizations engaged in science and research have an obligation to inform the SEM about scientific findings relevant to protection and rescue. However, cooperation between scientific-research institutions and direct users of research results such as small and medium enterprises and industry and other institutions of national importance is insufficient (NSPRE). 3. Quality Measures 3.1 Effectiveness 3.1.1 Assessment through professional and political inquiries Political inquiries In the period of 2000-2012 there was only one major political inquiry in the aftermath of the assassination of Prime Minister Djindjic. Besides the police and court investigation, a special commission ("Korac`s Commission") was formed with the task of examining the system of protection of the prime minister. The commission found a number of failures in the work of the judiciary and serious lapses in personnel, organizational and technical aspects in the system of providing security to the prime minister and Serbian government building.54Only four lower level professionals in the police and security agencies were on call of duty. Court process against 44 persons charged with the assassination lasted for four years and they were sentenced to a total of 378 years. Investigation of the political background of the assassination is still going on. Hardly any lessons were learned from this signature crisis. Some improvements have been made in technical equipment for protection and selection, recruitment and training of the staff responsible for the security of high state officials. However, the system is not very clear and precise so the president and/or prime minister are free to choose which civil or military agency will be responsible for their personal protection, on the basis of subjective assessment and their own trust in certain institutions or individuals (Interview with a key respondent from the Commission). Professional inquiries In the aftermath of a national crisis, professional inquiries and reports are being made and discussed within MOI/SEM or NEMHQ, and later on submitted to the local/provincial/national government. Usually they are not followed by public or parliamentary debate. Analyses are partial, from a viewpoint of a particular agency, and with no comprehensive synthetic reports. They are usually not 54 The political background of the assassination was not within the mandate of the commission. The commission for examining of the system of protection of the prime minister of the Serbian government dr Zoran Djidjic (2003). 31 publically available, remaining within particular ministries or narrow circles of the professional public. Lessons learned are not easily transferred into rules, procedures and practice. (Interview key respondent from MOI). In general, crisis actors are in a certain way protected from responsibility in the Serbian political context with fragile coalition governments (See 3.3.1.). If a crisis situation occurs in military facilities, the investigation is conducted by the Army and usually results are not available for non-military actors. They sometimes might be long-lasting and inefficient. (Blic, 2012). In some crisis situations on the local level there have been professional debates and judiciary processes. The case of fire in the Contrast disco club in Novi Sad, in April of 2012 that killed six young people is illustrative. This event triggered a series of public controversies since the facility was inadequate for the purpose and overcrowded. After eight months of prosecutorial investigation, the responsibility of authorities was not addressed, there were no tangible results and it was not determined who was to blame. At the same time bars that have been closed in a campaign manner are working again, the clubs are still burning torches, to make "fire" cocktails and everything is more or less the same as before that tragic event. Additional exits have not been made, the clubs are still overcrowded and it is questionable whether they have got fire equipment. Reporters got no answers on these questions from the SEM. The father of one of the dead girls launched an initiative to amend the three laws concerning the registration of nightclubs and restaurants, as well as the adoption of the rules of fire protection for this kind of facility ("Tamara`s Act") to put an end to the bad practice of registering the night clubs before they meet fire protection measures. He said that nothing concrete has been done and that he will continue to struggle because they do not want any more afflicted families. The public prosecutor has launched an investigation against the owner, two tenants and an electrician, and at the request of defence counsel, the trial was postponed before it started. Parents of the victims believe that the responsibility should be looked for also in the relevant inspections - construction and tourism, and the SEM for inadequate inspection and intervention. (Stepanov, 2012). 3.1.2 Limits to national capacities Serbia formally requested assistance from the Russian Federation in 2007 in the case of a forest fire. Ever since, each summer Russian special airplanes and crews arrive at the centre for emergency situations in Niš as a preventive system back-up support in accordance with the bilateral agreement. This assistance is humanitarian in nature and free of charge. The main reason for such assistance is insufficient capacities, as Serbia does not have this kind of equipment. (Interview key respondent form MOI) 32 A state of emergency was declared one time in the period of 2000-2012, in 2003 after the assassination of Prime Minister Zoran Djindjic that destabilized the government. As Serbian legislation was too liberal (in terms of police powers, duration of detention etc), the state of emergency was introduced in order to make necessary constitutional changes and amendments to the Criminal Code and the Code of Criminal Prosecutions that would enable the police to effectively prosecute the offenders. The government mounted Operation Saber (“Sablja”), the police action aimed at finding the assassins and striking a serious blow to organized crime. However, a number of political opponents to the Democratic Party and its government were arrested during this action in connection with organized criminal groups. Most were later freed. At the end of the operation, most of the suspects for the assassination were arrested (Vasić, 2005). The state of emergency lasted for 40 days (12.3. – 22.4. 2003) and was revoked by the government after the adoption of necessary legal changes. Introducing the state of emergency was a signal that the whole criminal justice system was not able to combat organized crime and it significantly contributed to improving the legislation and reform of the security sector. An emergency situation (described in 2.2.3.) was declared only once in February 2012 due to extreme weather conditions. No significant improvements in coping with extreme weather conditions have been made so far. In a similar situation in December 2012 the actions undertaken by responsible actors were not adequate and in a timely manner.55 Due to the collapse in the road transport network that was created in December 2012 by heavy snowfall, the prime minister criticized the minister in charge, while the representatives of the public enterprise "Roads of Serbia" claimed they did their job responsibly and that the blame for the current situation is on unscrupulous drivers of heavy vehicles that are speeding and driving without adequate winter equipment and creating traffic jams. They also criticized the "competent authorities" (not explicitly mentioning Ministry of Transport) for not having prohibited cargo traffic on the most critical sections until crews could clear them up and the weather would allow for cargo traffic to proceed. It was not specified who the "competent authorities “were, nor explained how the cooperation between the Republic Hydro meteorological Service, the enterprise "Roads of Serbia", traffic police and MOI were functioning in practice (Galovic, 2012). 55 One of the reasons is that the Republic transferred road maintenance responsibility to the municipalities, but failed to carry out the transfer of funds for this purpose. In addition, some municipalities have signed contracts for road maintenance with companies that have gone bankrupt. 33 3.2 Efficiency It is very hard to apply the concept of efficiency to the Serbian civil security system. Before the adoption of LES there was no particular budget for crisis management, and annual expenditures for this purpose, from the budget of MOI, were only around 50,000 euro, while costs of crisis situations were covered from budget reserves on an ad hoc basis. When the national budget is tight and there is extreme pressure for critical resources, expending funds or distribution of funds for contingency requirements is a difficult choice, so providing the funding to respond to a disaster was for decades considered an ad-hoc requirement to be dealt with at the time of the emergency. Actually, the only major investment in crisis management before adoption of the e LES was in 2007 when € 12.8 million from the National Investment Plan was spent on purchase of vehicles for firefighters (Interview key respondent in MOI). LES designated the following funding sources for crisis management: Budget (national/provincial/local) Fund for emergency situations, and Other sources specified in LES and other laws It is not possible to present total expenditures for crisis management. The budget of the Republic of Serbia shall provide funds for the permanent budget reserve, which is used to finance expenditures for participation in eliminating the consequences of emergencies.56The permanent reserve is up to 0.5 percent of total revenues and income from the sale of non-financial assets for the fiscal year. The government decides on use of the permanent budget reserve, at the proposal of the minister of finance. Besides this, the municipality/province is required to determine its budget funds for maintenance of the system as well as provisions for elimination of consequences of emergencies.57When the municipal/provincial fund is not sufficient for elimination of consequences of emergencies, then, in accordance with the criteria established by a government decree, funds from Republican budget reserves are transferred. The newly established fund for emergency situations is aimed at the construction and maintenance of the civil security system. In the beginning, the fund will be used for necessary building and equipping of the system in accordance with the planned priorities, while later on all the crisis management 56 For this purpose in 2013 around €14 million is planned. In SEM there are no centralized data of the total amount of these funds. 57 34 actors will apply with their projects for these funds. (Interview key respondent MOI). In 2011, the fund disposed of €5 million, in 2012 -€10 million58, and €15 million are planned for 2013. Serbia is still considered a country of “nonconsolidated democracy” with a number of political and social tensions (Vujaćič, 2009), so the question of efficiency in disasters is more complicated. Questions of budget on each level of governance are very important. Resources set aside for this purpose were utterly insufficient, so that the Serbian president after the flood in Trgoviste in 2010 said that “funding for emergencies must be provided in the budget.” Regardless of official statements, there is no money for this purpose and financing is purely reactive, without investments in prevention and mitigation. (Radovic & Jovanovic, 2011). The efficacy of the Serbian crisis management system will be possible to question only once its funding is stabilized and its most basic needs satisfied, having in mind that for a number of years not even minimum funds were invested in it. 3.3 Legitimacy 3.3.1 Political support The legacy of the authoritarian rule, sanctions and political crisis in the 1990's, as well as the lack of democratic and parliamentary traditions and the basic consensus among the parliamentary parties on key social goals and values and how to solve the major problems of society have resulted in slow progress in building democratic and stable social institutions. Due to the huge program differences among members of the ruling coalitions, there was no stable parliamentary majority and only one government since 2000 that lasted a full mandate which made it difficult to implement social reforms. The greatest responsibility lies on the leadership of political parties whose narrow party, group and personal interests and the struggle for political power and money, are "mirrored" in the lives of all social institutions. So instead of democracy, Serbia has a partocracy, a de facto unconstitutional dominance of political parties over constitutional and governmental agencies and institutions (Vućetić, 2008). In such a political context it took almost two decades for political actors to understand the importance of crisis management and to reach a basic consensus on the foundation of the current civil security system. The adoption of LES was preceded by several expert discussions, while the enactment in Parliament passed without major controversies. Nowadays there is a general political support of key players for building a new system (Interview key respondent MOI). However, political 58 Serbian budget for 2012 was around €8.5 billion. 35 actors sometimes see crisis as an opportunity for self-promotion and scoring political points,59 or denouncing political opponents60. Political interests and assessments sometimes have a greater impact on the functioning of local EMHQs than professional considerations. (Interview City of Belgrade EMHQ) 61 Since the establishment of the new system of civil security there have been no major criticisms and no political consequences for political representatives that relate to crisis management. Just in one case, due to the inadequate reaction of the local government in the town of Trgoviste during the floods in May 2010, the entire municipal leadership was forced to resign three months later (Veljković, 2010).62 However, the problem related to the decades of neglecting of systematic measures for flood prevention. In the period of 2010-2012 there were only eight parliamentarian questions related to emergency management. Most of them were about the compensation of damages from natural disasters and none of them was answered by the minister of interior, but by the prime minister or other ministers) or the answer was postponed. (Parliament, 2011) Only one question was about addressing the responsibility for the damage caused by storm and hail and reorganization of hail protection service. 3.3.2 Legal support There have been several complaints to the Serbian ombudsman related to natural disasters. Despite the fact that the Law on Using Funds for Restoration and Protection from Natural Disasters is in force, people who are affected by natural disasters face many problems. As regards large-scale damages, for which the state and/or local self-government have allocated a certain amount of funds to help the affected citizens, the following problems occur: a lack of regulations setting the terms, procedures and criteria for determining the order for awarding the funds for restoration of damage (ranking); the 59 In bitter comments, citizens of mountain villages blocked in a storm in February 2012 accused the minister of interior who visited EMHQ by helicopter that he used the trouble of people in order to gain voters. See http://www.blic.rs/Vesti/Politika/305591/Dacic-danas-u-Sjenici-i-Ivanjici/komentari 60 After the earthquake in Kraljevo representatives of the city opposition accused the government of irregularities in the allocation of funds for the (re)construction and asked for a detailed report. The mayor said that, "since the special account was opened, daily reports on inflow and expenditure of funds are published on the city`s website and urged police and prosecutors to check all the charges, saying that those are irresponsible and baseless accusations in order to collect political points See: http://www.blic.rs/Vesti/Drustvo/240950/Ukinuta-vanredna-situacija-posle-zemljotresa-u-Kraljevu 61 Sometimes, a commander of EMHQ on the local level can be a member of one party, and the minister of interior, to whom the head of SEM is responsible, can be a member of another party. Those political parties can have different interests and perceptions when it comes to the managing of a particular crisis. In this kind of conflict, usually the more powerful political party will determine the course of action. 62 The question of accountability for a crisis in the Serbian context is slightly peculiar, taking into account that after the disintegration of SFRY, followed by three wars and 500,000 refugees and IDPs, economic sanctions and isolation, the highest inflation in the history of mankind, the armed uprising on Kosovo and the NATO bombing, citizens of Serbia have somewhat grown accustomed to crises. 36 absence of a body authorised to decide on objections/appeals filed against the decisions of competent authorities; the absence of a body authorised to control the use of funds allocated for the elimination of consequences of natural disasters. The citizens who have suffered smaller scale damages face different problems. According to the views of the competent judicial and administrative authorities, they usually cannot expect the state to participate in restoring the damage caused by natural disasters.63When they receive a decision from the relevant city or municipal inspection on the prohibition of using a damaged residential building, in practice they are often provided with temporary accommodation for a short period, and then the local self-government informs them that there are no funds in its budget earmarked for repairing the damage or constructing a new residential building, after which they are left on their own. The situation in this field is additionally complicated by the fact that the government and the competent minister (MOI) were obliged to adopt more detailed regulations for the implementation of the said law within six months of its entry into force, which, according to the available information, has not been done (Protector of Citizens, 2011: 131-135). LES provides equal protection for all citizens in crisis situations. In addition, NSPRE insists on paying special attention to the training of all agents of crisis management in order to provide appropriate assistance and protection of vulnerable social groups / children, elderly and persons with disabilities in natural and other disasters. 3.3.3 Popular trust and support In general, the level of trust in institutions in Serbia is low, as presented in the following table 63 In the procedure of citizen complaints, the Ministry of Environment, Mining and Spatial Planning expressed its view that the mere fact of the damage caused by natural disasters and its assessment by the authorised commission did not produce an obligation of a public authority to compensate for and restore the damage, bearing in mind that the damage had been the result of circumstances that could not be predicted. This attitude was also articulated in the decision of the Supreme Court of Serbia Rev. No.2241/2007 of 11 September 2008, stating that when the damage was caused by the so-called force majeure, the effects of which could not be predicted, the rule on exemption from liability was generally applicable. However, when the force majeure causes large scale damage affecting more people, then the state intervenes and commits itself and its institutions to secure all or part of the funds for eliminating the harmful consequences according to the principle of solidarity. 37 Table 2: Trust in institutions (%) Church Police/Police officers Army/Soldiers MOI Educational system Health system MOD Local government Serbian Government Judiciary Citizens associations Parliament Political Parties Source CeSID, 2011 Don’t know No trust 4 2 7 2 4 1 7 4 3 4 10 3 4 19 25 21 26 28 36 28 42 47 52 43 53 66 Neither have nor haven’t 18 28 28 30 28 26 32 29 30 26 29 28 21 Have trust Total. 59 45 44 42 40 37 33 25 20 18 18 16 9 100 100 100 100 100 100 100 100 100 100 100 100 100 There are no particular surveys on trust in institutions of civil security systems, but the presented data show that trust in the police, MOI and MOD, as important actors of crisis management, is higher than for all other institutions except the Church. There are no particular data on trust in SEM, and, as said before, data for the MOI cannot be mechanically transferred to SEM. However, some conclusions can be drawn indirectly. People in Serbia usually perceive institutions through their leaders. So the SEM is perceived through its head, Mr. Predrag Maric who is often in the media, trying to raise awareness, explain problems and emphasize the importance of crisis preparedness and sharing responsibility in this area. For his work he got several local (person of the year in capital Belgrade) and international (French medal of knight) awards, so SEM efforts are recognized and appreciated by the community (Interview key respondent MOI). 4. Serbian Civil Security in the EU Context Serbia is not an EU member but only a member candidate from 2012, hence, it only has a focal point for the exchange of information with the Monitoring and Information Centre (MIC). Currently, after receiving candidate status, Serbia is to enter negotiations with the European Commission by signing a memorandum of understanding which will enable Serbian membership in the Community Civil Protection Mechanism and the Civil Protection Financial Instrument.64 64 In the negotiations with the EU, Chapter (Group) 27 is particularly relevant -. Environment that refers to civil security obligations (Council Directive 88/610/EEC of 24 November 1988 amending Directive 82/501/EEC on the major-accident hazards of certain industrial activities incorporated by 21994A0103(70); Council Resolution of 16 October 1989 on guidelines to reduce technological and natural hazards; Council Directive 96/82/EC of 9 December 1996 on the control of 38 The candidate countries and potential candidates for EU membership can co-operate with the EU in specific fields before their full membership. This also includes civil protection with its humanitarian mission, making both regional cooperation and the EU perspective more tangible for the citizens. Significant progress in this cooperation was made in 2008 during the Slovenian presidency of the EU Council. The EU Council conclusions on cooperation with the candidate countries and potential candidates of the Western Balkans in the field of Civil Protection were adopted, serving as a basis for the development of a comprehensive programme by the European Commission in this field (MOD of the Republic of Slovenia- Administration for Civil Protection and Disaster Relief, 2011). A comprehensive programme on Strengthening Cooperation in the Field of Civil Protection with the Candidate Countries and Potential Candidates of the Western Balkans and Turkey was developed in 2010 by the European Commission program for civil protection cooperation with the candidate countries and potential countries. The program is financed through the EU Instrument for PreAccession Assistance (IPA) and the beneficiary countries are Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia, Kosovo under UNSCR 1244/99, and Turkey. The program has a budget of €4m and a two-year implementation period (ending in May 2013) for financing events on operational and strategic level within the EU Programme on Civil Protection Cooperation. These events are organized in three LOTs with the emphasis on exchange of experts, training programs, exercises (field and table-top), workshops to share experiences, lessons learned and best practices. Training courses have ended (basic training course, operational management course, advanced training course) with 44 people participating in them. There were organized exchanges of experts in different areas (EU Civil Protection Mechanism, CBRN, Host Nation Support, Forest fires, IPA, Early Warning System, 112 System, National training Centre). There were also workshops about the exchange of experiences and best practices organized major-accident hazards involving dangerous substances; 98/22/EC: Council Decision of 19 December 1997 establishing a Community action programme in the field of civil protection; 98/433/EC: Commission Decision of 26 June 1998 on harmonized criteria for dispensations according to Article 9 of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (notified under document number C(1998) 1758) (Text with EEA relevance); 98/685/EC: Council Decision of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents; 98/685/EC: Council Decision of 23 March 1998 concerning the conclusion of the Convention on the Transboundary Effects of Industrial Accidents; 1999/314/EC: Commission Decision of 9 April 1999 concerning the questionnaire relating to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances [notified under document number C(1999) 856] (Text with EEA relevance); 1999/847/EC: Council Decision of 9 December 1999 establishing a Community action programme in the field of civil protection Validity extended by 32005D0012 till 31/12/2006; 2002/605/EC: Commission Decision of 17 July 2002 concerning the questionnaire relating to Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (notified under document number C(2002) 2656); 2005/12/EC: Council Decision of 20 December 2004 amending Decision 1999/847/EC as regards the extension of the Community action programme in the field of civil protection; Text with EEA relevance and Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council Text with EEA relevance Corrected by 32010R1014R(01) and several proposals of Council decisions 39 in different areas (EU Civil Protection Mechanism, CBRN, Host Nation Support, Lessons learned, Forest fires, IPA, Early Warning System, 112 System). The program is one of the steps to pave the way of the beneficiary countries towards the EU in the field of civil protection, with the overall objective to reduce the vulnerability of those countries to natural and man-made disasters at local, national and regional levels. It encompasses activities aiming at increasing synergies and complementarities among EU instruments, and regional and national efforts that can be mobilized to deal with a variety of disasters in the Western Balkans and Turkey. The program includes courses on procedures for sending and receiving international assistance under the Mechanism, regional field exercises aimed at practicing procedures for sending and receiving international assistance, in accordance with existing procedures within the framework of the EU Civil Protection Mechanism and exchange of experts. 65 5. Conclusion After two decades of legal vacuum, organizational and institutional confusion resulting from the collapse of the civil security system adapted to the socialist society and the lack of elementary responsibility and vision of political leadership, Serbia in 2010 set up a normative/legal basis for the construction of a new civil security system. When designing the new system and making the law, comparative experiences, historical background, capabilities and capacities of the country and its prospects of EU integration, as well as the current political constellation were taken into account. The professional community has positively assessed the legal text. Normative regulation of the system is almost completed, but the passage of national laws is not a sufficient response. However it puts the government in a better position in having addressed the problem and laid the foundation for a national response capability. The implementation or enforcement phase is facing a number of problems such as insufficient resources available and problems related to creation of other organizational, personnel and material and technical conditions for its successful implementation. 65 During major disasters the neighbouring countries have been the ones who most often offer assistance. The international assistance provided to the affected state can easily turn into additional problems if the assisted country is not prepared to receive the assistance and does not know how to deal with the incoming international teams/EU civil protection team. Most of the neighbouring countries are parts of the EU Mechanism, and the aspiration of Serbia is to become its part as well. Therefore, it is essential that the target region/neighbour countries are well prepared to cooperate and coordinate during emergency response. The timely and adequate request for international assistance through the EU Civil Protection Mechanism is essential for the efficiency and effectiveness of the provided assistance. Also, coordination and host nation support are among the key issues for a timely response, as well as, the acceptance and deployment of international disaster relief efforts and the provided resources. 40 There is a growing recognition that disaster prevention and emergency response must be one of the government’s priorities. Although general political consensus on the importance of the civil security system has been achieved, there remains a reflection of existing political divisions and interests on professional performance, as well as an underlying political calculus in all phases of crisis management, when political actors are more preoccupied with their ratings, than with the wellbeing of the citizens. Relations between the state and civil society actors are not precisely defined, and they are dependant on personal relations among people in institutions. Like in most of the SEE countries there is significant room for national and multilateral initiatives to improve public awareness and involvement in disaster preparedness efforts (DPPI, 2001). The fact that the system has been in existence for only two and a half years and it is still not working at full capacity, since it is not completed in a normative and institutional sense, makes any attempt of serious analysis and its evaluation difficult and problematic. Nevertheless, some general remarks can be made. In NSPRE it is stated that the current level of organization and capability of the system of civil security in Serbia is significantly behind the assessed needs and objective possibilities of the state. There is a need for technical innovation and equipping, as well as for improving and modernisation of infrastructure, of informational-communication systems in accordance with EU standards. The statistical data in Serbia show insufficient capacity of the society to respond to the present challenges, risks and threats in an adequate way, which results in material and non-material damage, both at the level of commercial entities and at the state level (Keković, Marić, and Komazec, 2011). Prevention seems to be the weakest point, together with the fact that in some parts of the Serbian population there are no traces of awareness and responsibility for safety. There are also problems related to the harmonization of different organizational cultures of staff co-opted in SEM and overcoming the divisions between "us “and "them”.66 (Interview key respondent MOI) The most important gaps outlined in NSPRE relate to institutional organization (lack of conditions for the consistent application of regulations, inadequate organization and implementation of preventive measures, lack of specialized cadastres, comprehensive risk maps, methodology for hazardous waste management, 112 system, uneven distribution of capacities of the emergency response services in the RS), material – technical (unsatisfactory level of road and other infrastructure, outdated, unreliable equipment, facilities and vehicles of the emergency response services, lack of specialized vehicles and equipment for responding to chemical accidents in road, rail and river transport etc.), cooperation, coordination and availability of information (insufficient coordination between protection and rescue system entities in emergency situations, between scientific and research 66 This refers to the employees of the MOD (an institution with military organizational culture) who were incorporated into the MOI. 41 institutions and direct beneficiaries of researches, with NGOs and the private sector and international cooperation), human resources and capacity building (inadequate professional qualification and technological discipline of the available human resources, lack of specialized personnel, insufficient training, unpreparedness and a low level of the local self-government capacity and underdeveloped culture of prevention). The system has been tested in practice in several natural disasters (floods, extreme temperatures and an earthquake) and in one technological disaster. The general assessment is that, given the fact that it is not fully completed, it functioned relatively well.67 The system proved relatively successful in a crisis situation caused by a snowstorm in February 2012, but in a similar situation in December 2012, reacted poorly. Recurrence of similar technological accidents (fires in night clubs) indicates the inability of the system to properly determine liability, draw lessons and translate them into standard operating policies and procedures. Procedures for determining the professional and legal accountability are complicated and take a long time so that sanctions are not effective, while due to the overall constellation of political relations political accountability is minor. Development and completion of the system will depend on material and technical requirements, support of political actors and enthusiasm of the professionals in SEM and in other institutions responsible for crisis management. 67 It can be stated that it functioned significantly better than in a similar situation before the introduction of the new system 42 Annex I: Coded Data ANVIL PROJECT MAPPING PRTOCOL - WP2 SERBIA 1 Introduction Scoring instruction 1. a Is there an official/formal definition of crisis? No = 0 Yes = 1 1. b Is the crisis management approach primarily based on Military = 1 military or civilian operations? Civilian = 2 2 1.c. If civilian operations dominate, is the military used for No = 0 support for crisis management operations? In exceptional situations = 1 Regularly = 2 1 Does the country take MAINLY an all hazards/generic or MAINLY a specific/functional threats approach to crises and disasters? Mainly all hazard = 1 Mainly specific threats = 2 1 2 Analytical dimensions Scoring instruction 2.1 Cultural and historical aspects 2.1.1 Administrative tradition 2.1.1.a Is the state unitary or federal? 1.d Unitary = 1 Federal = 2 Score Source Comments (in case of specific problems with data) 1 Law on emergency situations Law on emergency situations Law on emergency situations Score 1 Law on emergency situations Source Comments (in case of specific problems with data) Serbian costitution 43 2.1.1.b Is the political system parliamentary or presidential? Parliamentary system = 1 Presidential system = 2 1 Serbian costitution 2.1.1.c Is the country a monarchy or a republic? Monarchy = 1 Republic = 2 2 Serbian costitution 2.1.1.d Is the political system a consociational or a majoritarian democracy? Consociational democracy = 1 Majoritarian democracy = 2 2 see section 2.1.1 2.1.1.e Is delegation constructed in a top-down or bottom-up Top-down = 1 fashion? Bottom-up = 2 Both = 3 2 see section 2.1.1 2.1.2 Culture 2.1.2.a.i Geert Hofstede country national cultural score - DPI 86 http://geerthofstede.com/countries.html 2.1.2.a.ii Geert Hofstede country national cultural score - IDV 25 2.1.2.a.iii Geert Hofstede country national cultural score - MAS 43 2.1.2.a.iv Geert Hofstede country national cultural score - UAI 92 2.1.2.a.v Geert Hofstede country national cultural score - LTO NA 2.1.2.b World Value Survey’s national score on dimension 1 traditional vs. secular 0.35 World Value Survey’s website on national level value scores by country Year 2006 2.1.2.c World Value Survey’s national score on dimension 2 survival vs. self-expression -0.62 World Value Survey’s website on national level value scores by country Year 2006 2.2 Legal & constitutional aspects 2.2.1 Statutory basis 44 2.2.1.a To what extent is the legal framework that regulates civil security centralized versus fragmented? 2.2.1.b When was the last major reform in the civil security field undertaken? 2.2.1.c Does the statutory basis of the civil security system rely on formal legislation or executive order? 2.2.1.c Are formal legal provisions in place allowing the state to call for a state of emergency (including derogations from political order)? Are formal legal provisions in place allowing the state to call for a state of disaster (facilitated operational coordination mechanism)? 2.2.1.d Highly centralized (1-2 key laws regulates civil security) = 1 Neither centralized nor fragmented (3-5 key laws regulates civil security) = 2 Highly fragmented (6 or more key laws regulates civil security) =3 Provide the year of the reform 1 see section 2.2.1 2009/2010 see section 2.2.1 Formal legislation = 1 Executive order = 2 1 see section 2.2.1 No = 0 Yes = 1 1 see section 2.2.2 No = 0 Yes = 1 1 see section 2.2.1 2.2.2 Political dimension 2.2.2.a On what level of government does executive responsibility for civil security FIRST AND FOREMOST rest? At the national level = 1 At the regional level = 2 At the local level = 3 3 see section 2.2.2 2.2.2.b On what level of government does policy formulation for civil security FIRST AND FOREMOST rest? At the national level = 1 At the regional level = 2 At the local level = 3 1 see section 2.2.2 2.2.3 Operational dimension 2.2.3.a Is there a specialised agency for crisis response at the national level? No = 0 Yes = 1 1 see section 2.2.3 2.2.3.b Are there specialised agencies for crisis response at the regional level? No = 0 Yes = 1 0 see section 2.2.3 BBK 45 2.2.3.c Is the exercise system formalised by law or executive mandate? No = 0 By law = 1 By executive mandate = 2 0 see section 2.2.3 2.2.3.d How many major exercises with a national dimension have been organised in the period 2008-2012? Register the number 56 Interview key informant in SEM 2.2.3.e How many major exercises with an international dimension have been organised in the period 20082012 Register the number 3 Interview key informant in SEM 2.2.4 External dimension 2.2.4.a Has the country signed bilateral agreements with all neighbouring countries? No = 0 Yes = 1 0 Interview key informant in SEM 2.2.4.b How many countries has the country signed bilateral agreements with OTHER THAN the neighbouring countries? How many regional/multilateral agreements on RESPONSE oriented disaster management (i.e. not general conventions on environmental protection) is the country part of? Register the number. 5 Interview key informant in SEM Register the number. 10 Interview key informant in SEM 2.2.4.d Has the country received assistance from partner/neighbouring country/ies in response to MAJOR DISASTERS (not day to day cross-border help) during the period 2000-2012?" No = 0 One or two times = 1 More than two times = 3 0 Interview key informant in SEM 2.3 State-citizens relations 2.3.1 Expectations 2.3.1.a Do citizens have a formal/legal obligation or responsibility in civil security? Please choose the maximal score on a scale (i.e. option 2 includes yes option 1 as well). Not formally specified = 0 Temporary support upon request by public authorities = 1 Regular private responsibilities for disaster management (e.g. mandatory civil service and/or insurance) = 2 1 see section 2.3.1 2.2.4.c 46 2.3.2 Information 2.3.2.a Does the country maintain a siren system? No = 0 Yes = 1 0 see section 2.3.2 2.3.2.b Does the government have a system for radio/TV warnings No = 0 Yes, at the local/regional level = 1 Yes, at the national level = 2 Yes, at both local/regional and national levels = 3 3 Interview key informant in SEM 2.3.2.c Does the government have a central website with updated information on crisis events? No = 0 Yes, at the local/regional level = 1 Yes, at the national level = 2 Yes, at both local/regional and national levels = 3 0 Interview key informant in SEM 2.3.2.d Does the government make use of social media No = 0 (Facebook, Twitter etc.) to update citizens on relevant Yes, at the local/regional level = crisis issues? 1 Yes, at the national level = 2 Yes, at both local/regional and national levels = 3 Does the government have a mobile application for No = 0 reaching citizens with vital crisis/security information? Yes, at the local/regional level = 1 Yes, at the national level = 2 Yes, at both local/regional and national levels = 3 2 Interview key informant in SEM 0 Interview key informant in SEM 0 Interview key informant in SEM 2.3.2.e 2.3.3 Education 2.3.3.a Is civil emergency training (not/except basic FIRST AID) part of the school curriculum? No = 0 Yes = 1 due to lack of finance 47 2.3.3.b. Do societal/voluntary actors offer civil emergency training? No = 0 To members/professional = 1 To members and limited public outreach = 2 To member ands wide-spread training programmes for general population = 3 2 see section 2.3.3 2.3.3.c Does the government run TV campaigns to raise awareness of crisis issues among the public? No = 0 Yes, moderately (once per year) =1 Yes, extensively (more than once per year) = 2 2 Interview key informant in SEM 2.3.3.d Does the government provide for a budget for sponsoring research/technological developments on civil security/crisis management? No = 0 Yes = 1 0 Interview key informant in SEM 2.3.3.e If yes, please provide the overall volume of research funding for civil security Register the number 2.4 Role of private sector 2.4.1 Role of societal/ non-profit organisations 2.4.1.a Do societal/non-profit actors play an official/legally mandated role in EXCEPTIONAL crises? No = 0 Yes = 1 1 see section 2.4.1 2.4.1.b Do societal/non-profit actors play an official/legally mandated role in the REGULAR provision of civil security? No = 0, In parts of civil security (e.g. emergency medicine) =1 In (almost) all aspects of civil security = 2 2 see section 2.4.1 2.4.2 Role of profit-oriented organisations 2.4.2.a Do for-profit/private actors play an official/legally mandated role in EXCEPTIONAL crises? No = 0 Yes = 1 1 Interview key informant in SEM 48 2.4.2.b Do for-profit/private actors play an official/legally mandated role in the REGULAR provision of civil security? No = 0 In parts of civil security (e.g. emergency medicine) = 1 In (almost) all aspects of civil security = 2 3 Quality measures Scoring instruction 3.1 Effectiveness 3.1.2 Limits to national capacities 3.1.2.a How many times has external assistance been received during a crisis? Register the number for 20002012. 4 Interview key informant in SEM 3.1.2.b How many times have a state of emergency or disaster been declared AT THE NATIONAL LEVEL as a consequence of a crisis? Register the number for 20002012. If there are no legal provisions for state of emergency/disaster, note NA Register the number for 20002012. If there are no legal provisions for state of emergency/disaster or data is not accessible at this level, note NA 2 Interview key informant in SEM How many times have a state of emergency or disaster been declared AT THE REGIONAL LEVEL as a consequence of a crisis? 3.3 Legitimacy 3.3.1 Political support 3.3.1.a How many major reforms have been undertaken? 3.3.1.b How many major national political debates on crisis management structures or performance have taken place (2000-12)? How many formal and politically instituted inquiries/committees on civil security have been undertaken at the national level? 3.3.1.c 1 Score Interview key informant in SEM Source Comments (in case of specific problems with data) N/A Register the number for 20002012. Register the number for 20002012. 1 Interview key informant in SEM 1 Interview key informant in SEM Register the number for 20002012. 1 Interview key informant in SEM 49 3.3.1.d Has there been a premature change in the government (replacement of individual ministers up to full resignation of government) due to civil security issues? Legal support No = 0 1-2 instances = 1 3 or more instances = 3 How many NATIONALLY NOTED judicial challenges or ombudsman petitions concerning the civil security system have been filed? How many landmark judicial or ombudsman rulings have affected the civil security legal and/or institutional framework? Register the number for 20002012. N/A Register the number for 20002012. 0 see section 3.3.2 3.3.2.c. Are there restrictions on judicial oversight powers over the REGULAR civil security system (i.e. except in cases of exceptional states of emergency)? None = 0 Partial (legally defined leeway for operational crisis management) = 1 Extensive (e.g. no civilian jurisdiction over military actors in crisis management) = 2 0 see section 3.3.2 3.3.3 Popular trust and support 3.3.3.a Based on Eurobarometer data, what percentage of respondents feel that their country is doing enough to manage natural and man-made disasters? Based on Eurobarometer data, what percentage of respondents feel that their country is doing enough to fight terrorism? Do official actors maintain registers for volunteers in crisis management? Record the sum percentage for “Agree” and “Tend to agree” N/A Record the sum percentage for “Agree” and “Tend to agree” N/A 3.3.3.d If yes to above, list number if accessible Register the number per 1000 capita for 2011 see section 3.3.3 3.3.3.e If no to 3.3.3.c. or 3.3.3.d is unreliable, how many volunteers are estimated to be in the non-profit sector? Register the number per 1000 capita for 2011. 80,000 total see section 3.3.3 3.3.2 3.3.2.a 3.3.2.b 3.3.3.b 3.3.3.c No = 0 Yes= 1 0 0 Interview key informant in SEM see section 3.3.3 50 4 Civil security in the EU context Scoring instruction 4.a How many times has your country activated the Commission’s Monitoring and Information Centre (MIC) – 2007-2011? How many times has your country contributed to a MIC request - 2007-2011? Register the number for 20072011 N/A Register the number for 20072011 N/A 4.c Does your country participate in the EU civil protection mechanism’s training programme? No = 0 Yes = 1 4.d If yes to question 4.b, approximately how many practitioners participated in the EU civil protection mechanism’s training programme in the 2009-2010 training cycle? Register the number for the 2009-2010 training cycle 4.e 4.f 4.b 4.g 4.h 4.i Score Source 0 Interview key informant in SEM How many EU-led civil protection simulation exercises Register the number for 2002did your country participate in between 2002-12? 2012 0 Interview key informant in SEM How many times has the country received financial support through the EU's Solidarity Fund (SF) due to natural disasters (2002-Sept. 2012)? How much aid has the country been granted through the SF due to natural disasters (2002-2012, Sept.)? Register the number for 2002Sept 2012 0 Interview key informant in SEM Register total financial assistance in million euro for 2002-Sept 2012 0 Interview key informant in SEM Based on Eurobarometer data, what percentage of respondents are aware that the EU coordinates civil protection both inside and outside the EU? (Proxy for awareness) Based on Eurobarometer data, what percentage of respondents believe that a coordinated EU action in dealing with disasters is more effective than actions by individual states? Record the sum percentage for “Agree” and “Tend to agree” (Proxy for attitude) Register the percentage N/A Register the percentage N/A Comments (in case of specific problems with data) 51 Annex II: H1N1 in Serbia The first alarm on the new virus in Serbia was the information from the WHO (24.4.2009), while the first laboratory-confirmed case of H1N1 was registered in Belgrade on 24.06.2009. (imported from Argentina) and the first death was reported in October 2009. The epidemic period lasted for 9 weeks. Based on a special epidemiological surveillance, the estimated number of infected was 750,000 to 1,000,000 out of 7,120,666 inhabitants (Census 2011)68, the total number of hospitalized people was 6,021, and 13769 died - including 10 pregnant women. The disease frequency was the highest in the age group of 7 to 14 years. Economic effects, without the losses in the economy caused by the fall in production and trade, were between 6.2 to 8.2 billion dinars (64.5 to 85.5 million €). Around 1/6 to 1/8 of all costs were the costs of the preventative and anti-epidemic measures. (SWG, 2010) The main operative and politically responsible actor in the crisis was the Ministry of Health which established a Special Working Group (SWG) as an expert and operative body that coordinated measures with the Institute for public health, the network of public health institutes in the country, other ministries and agencies, local self governments and other subjects.70 The private health care system was not particularly engaged in the crisis. The SWG and the joint body for communication tried to provide updated information on the pandemic, including advice and support for the public on specific questions (travel, social gathering etc.), as well as public support for anti epidemic measures and prompt exchange of information on the course of pandemic between health authorities, ministries, agencies and partners. Doctors, members of SWG, representatives of the Ministry of Health and the veterinary department of the Ministry of Agriculture, Water and Forestry in 2009 had 3,265 media appearances, 13 press conferences, and one meeting with media representatives. The detailed overview of their media activities is shown in the Table 3. 68 706 laboratory confirmed 84 laboratory confirmed 70 The Institute of Public Health of Serbia "Dr Milan Jovanović Batut" was established on the Republic level and represents an expert institution for public health, which provides advice, support and guidance for the Serbian government and all departments for public health and conducts independent research on issues related to public health in Serbia. One of the main tasks of the Institute is control and prevention of infectious and noninfectious diseases, as well as maintaining and improving readiness in emergency cases. http://www.batut.org.rs/index.php?category_id=122.During this crisis the Institute had a coordinative and monitoring role. 69 52 Table 3: H1N1 Media related activities Media/ Topic Press Flu/pandemy Vaccinacion Total 410 500 910 Agencies 338 500 838 Radio 307 350 657/5,500 min TV 400 460 860/7,000 min Total 1,455 1,810 3,265 Source: SWG Those media activities were followed by a video on TV and a radio jingle “Stop pandemics” broadcast on 14 electronic media free of charge. The first serious preparations for the case of pandemic in Serbia were undertaken during the avian influenza (bird flu) 2006 to 2009. Cooperation was established between health and veterinary services, the training of health workers and the representatives of local government and media was conducted, and guidelines for the functioning of the health system were made. After the first information from WHO on the emergence and spread of the H1N1 virus, the epidemiological situation was assessed as threatening and the nationally designed professional methodology manual for the control of importation and preventing the spread of new virus in Serbia was implemented through the health care system, so in each suspected case the material was sampled for virological testing and for seven days control measures (monitoring of the patients) were imposed over all persons in contact with infected people. After the first laboratory-confirmed case the epidemiological situation was assessed as an emergency and recommendations were made for the participants and organizers of mass events. After the first 100 laboratory-confirmed cases, a shift was made from measures aimed on preventing, to measures aimed at control of spreading the virus. In September and October the epidemic has spread to schools across the country and the epidemiological situation was assessed as unfavourable. Therefore, a plan for immunization of priority groups was prepared. After the first reported death the situation was assessed as unfavourable with a tendency towards further deterioration. The minister of health declared an epidemic on 12.11.2009 and ordered measures that include emergency immunization of certain categories of the population (like health care workers, and other first responders, senior population and children) (Interview key respondent Military Medical Academy). 53 Minister of Health Tomica Milosavljevic stated that the pandemic was developing according to the mildest among three assumed scenarios, while the vaccination was from the beginning subject to negative campaign by some media, politicians and even doctors, and out of the 850,000 doses, which had been delivered and paid for (following the decision of the government and recommendation of local experts and WHO advice), only around 150,000 were used. During the vaccination campaign, a negative campaign started both globally and nationally. The vaccination coverage was 2.5 percent of the population, which is low, but it is up to five times higher than in neighbouring countries. The activities related to combat the pandemic H1N1 were under-valued in public while superficial comments of the health situation in Serbia belittled the victims (NasloviNet, 2010). According to the analysis done by Professor Dragan Delić, the president of the Health Council of Serbia,71 regardless of all quasi medical and daily political influences, the proclamation of epidemic of H1N1 virus infection in Serbia was professionally grounded as well as the emergency measures ordered by the SWG of the Ministry of Health for its containment. He believes that there was, at the very least, the moral responsibility of all public figures (doctors, politicians, journalists etc.) who, mainly due to the political reasons, advocated refusal of vaccination through public media.72 The fact that many health care workers did not promote immunization as the most effective, easiest, safest and most economical measure in the prevention and control of infection, but even discouraged citizens by carrying out a negative campaign, requires a special discussion in professional associations. Some media, by publishing the wrong information and giving space to doctors who are not experts in this field of medicine caused particular confusion. The experience from the pandemic indicates that campaigns should not be led by politicians, but health care workers, the health care system and, in particular, the Institute of Public Health of Serbia. The most important deficiencies were observed in coordinating activities in the work of multisectoral bodies of the health system in the field of promoting immunization and in communication with the public. Nobody even looked at the economic side of the pandemic, which is valid for any rational society. Procurement and purchasing vaccines have nothing to do with health care per se, but are a classic example of possible corruption in the public procurement system involving state officials, and this caused immense damage to the health system of Serbia and the immunization program (Delić, 2012). The pandemic crisis in Serbia was followed by a criminal affair regarding frauds in vaccine 71 Health Council of Serbia is a professional advisory body whose members are elected by the Serbian Parliament from among eminent experts in the field of health care, dental care, professional associations of medical doctors and Serbian Academy of Sciences. 72 Unfortunately, in Serbia even health-related issues are subject to political calculations and confrontations. 54 procurement. The prosecutor for organized crime of Serbia has filed an indictment against the exdirector of the Republic’s Institute for Health Insurance and three of her associates, the ex-director of “Jugohemija”, the director of the company “Jugohemija farmacija”, and the director of “Detap” company. They are suspected of cheating the state budget out of approximately EUR 1.25 million. This is related to irregularities surrounding the supply of the vaccine for swine flu towards the end of 2009. All of the above stand accused of committing an ‘abuse of office’, which is a criminal offence and which carries a jail term of between 2 to 12 years. According to the media, the arrested Republic Institute for Health Insurance (RZZO) director, Svetlana Vukajlović, claims that she was the one who initiated termination of the contract and that the former health minister was against it. On the other, hand Minister Milosavljevic said that a decision to terminate the contract had been made at a government telephone session due to a lack of citizens’ interest to get vaccinated (b92,2011). There were also controversies about possible corruption in the vaccination campaign. The Anticorruption Council of the Serbian government found that the Ministry of Health spent around €35,000 on promotion in the media which is the reason that a small number of the media outlets reported objectively about the transaction of the urgent purchase of the vaccine, and questioned the responsibility of the minister of health in this transaction, although it eventually turned out that the purchase was disputable and the quantity of purchased vaccines was excessive and unnecessary.(Anti-corruption Council, 2011:22.) 55 Annex III: Resources References Abusara, A. and Savković, M., 2009."Emergency Center for Emergency Situations”. Western Balkans Security Observer - English Edition, issue: 15 / 2009, pages: 74-78, Available at: <http://www.ceeol.com > [Accessed 12 September 2012]. 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