“Only YES Means YES”: Cooperation Between the NGO Sector and Institutions Insufficient; We Are a Society That Normalizes Violence
Organized by the Regional Academy for Democratic Development and supported by the Westminster Foundation for Democracy, the “Only YES Means YES” conference was held on October 15 and 16. The event focused on an initiative to amend the legal definition of rape in Western Balkan countries so that any sexual act without consent is defined as rape.
Project coordinators Mija Javornik and Aleksandra Jerkov stated that both regional cooperation and collaboration among various parties, the NGO sector, and institutions are crucial for the success of this initiative. They agreed that the path to adopting these legal amendments will not be simple or quick, but examples from the region show that, through joint efforts, laws can be changed to ensure that victims of sexual violence have guaranteed access to justice.
The second panel, dedicated to the cooperation between the NGO sector, political parties, and institutions in the decision-making process, featured speakers Daliborka Uljarević, Executive Director of the Center for Civic Education; Biljana Stepanov from the Women’s Support Center in Serbia; Jovana Trenčevska, Member of Parliament in North Macedonia and former Minister of Social Protection; and Gentiana Shushaj, Director of ESD in Albania.
Daliborka Uljarević stated that it is difficult to expect a higher level of public awareness and mobilization to protect women from violence when even those expected to be the most progressive often downplay such incidents. She cited as an example the recent decision of the Ethics Committee at the University of Montenegro, which accepted a sexist approach by Professor Aleksandar Stamatović. Uljarević emphasized that, although there is a solid legal framework, in practice, we encounter so-called “hibernating laws”—laws that are passed quickly but have many flaws, with broad acknowledgment that much improvement is needed. She concluded that only a small number of parliamentarians address this issue, and that regional cooperation and experience-sharing are crucial for progress.
Uljarević also observed that academia, where progressive views might be expected, is often no exception, as some professors engage in sexism, and society fails to condemn it. She highlighted that it is especially disheartening that many women working in universities must operate in such environments. Finally, she stressed that civil society has a responsibility to change these contexts, commending the handbook developed from this program as a valuable tool for further efforts.
Biljana Stepanov highlighted that Serbia ratified the Istanbul Convention in 2013 solely due to the efforts and lobbying of non-governmental organizations. She emphasized that 2014 and 2015 were critical years for amending the Criminal Code, but the democratic potential for changing the legal definition of rape was not utilized then, making the task ten times harder today. According to her, it is unacceptable to discuss the definition of rape without considering the message being conveyed.
Stepanov pointed out that the GREVIO Committee has raised concerns about hate speech and discrimination, adding that Serbia should address this by revising or reformulating other parts of the Criminal Code. She explained that NGOs have repeatedly attempted to amend the law and submitted requests, most recently two months ago, when they called for a new study. She also highlighted issues with Serbia’s three different definitions of family, leading to varying statuses depending on the legal process. Stepanov called for legislative alignment, noting that the Criminal Code does not recognize all family members the same way as the Family Law, which offers the most comprehensive definition.
She pointed out that the Ministry of Justice’s working group has just completed amendments to the Criminal Code, creating an opportunity for political actors and experts to reevaluate and initiate further changes. Stepanov reminded that the CEDAW Committee issued several recommendations to Serbia in 2018, which remain unaddressed, as do similar recommendations from GREVIO in the same year. She added that Serbia still lacks an action plan for combating violence against women and a centralized data system to monitor progress. Despite having 17 different criminal offenses related to violence, public attention remains solely focused on domestic violence, while other offenses go unmentioned.
She also noted that the state has yet to submit a report to the GREVIO Committee, despite efforts by NGOs to increase pressure on the government. Stepanov concluded that mechanisms of sexual violence are evolving, and society must change its approach—the burden should be on the perpetrator to prove their innocence, rather than the victim to prove their suffering. The law must recognize and support victims, and NGOs should be key partners in this process. Stepanov also highlighted that Serbia can learn from Croatia’s model, where the state has taken responsibility for funding support for victims of sexual violence, and she mentioned that an analysis of judicial practices is currently being completed to provide insights into the extent of rape and other forms of violence. She emphasized that the role of parliamentarians is crucial, yet NGOs are insufficiently involved in the legislative process because MPs may not know who to consult. Connecting social actors is essential to ensure that laws are not only adopted but also effectively implemented.
Jovana Trenčevska, Member of Parliament and former Minister of Labor and Social Policy in North Macedonia, highlighted her experience in the executive branch and political party, as well as the work of NGOs that have systematically begun to address gender equality. According to her, the key questions are whether the government has the vision and capacity to coordinate changes and whether it involves all relevant stakeholders or only select ones. Trenčevska noted that when SDSM was in power, North Macedonia prioritized the status of women and gender equality. Although the Istanbul Convention was signed in 2011, it was not ratified until 2017, and she emphasized that this document challenges societal stereotypes, making consensus on necessary changes harder to achieve. Currently, a new Criminal Code is in the process of being adopted, and Trenčevska believes that, by 2025, through joint work with civil society, the necessary legislative changes will be implemented. She particularly emphasized the role of NGOs and experts in this process. In her view, a broad civil society network in the country is essential, as is having gender equality services funded by the Ministry of Labor and Social Policy. She also stressed the importance of seeking consensus and involving all political parties in the gender equality process, expressing hope that progressive forces in parliament will not allow any regression in this area.
Gentiana Susaj, Director of ESD Albania and Head of ESD Europe, began her presentation with an interactive exercise. She emphasized that this approach is essential when we aim to adopt new behaviors and learning concepts, as it’s important to integrate them into everyday practice. She highlighted five key principles: think, shout, fight, run, and tell, to shift mindsets and promote a safer society. During the exercise, she asked participants to observe the room around them and consider whether they noticed something they hadn’t before. She underscored the importance of being aware of “red flags” and taking action when we notice potential danger. Susaj discussed the significance of assertiveness, setting boundaries, and using one’s voice to protect oneself and create safe environments. One of the essential principles, according to her, is “to tell”—meaning that it’s always possible to confide in someone. She stressed the importance of listening to victims without judgment and creating safe spaces. Susaj pointed out that 95% of girls freeze when faced with danger, making it crucial to know what to do in such situations. Educating bystanders and authorities, she noted, is key to building safer communities. In Albania, ESD collaborates with schools through a pilot program, and a regulatory act is currently implemented in 60 schools. They have trained teachers and conducted trainer workshops, aiming to make the program national and available in other countries, including partnerships with shelters.