Federal Republic of Yugoslavia (Serbia and Montenegro)
758. The Committee considered the report of the Federal Republic of Yugoslavia
(Serbia and Montenegro) (CEDAW/C/YUG/SP.1) at its 254th meeting, on 2 February
(see CEDAW/C/SR.254).
759. In introducing the report, the representative of the Federal Republic
of Yugoslavia (Serbia and Montenegro) described the consequences of the
disintegration of the Socialist Federal Republic of Yugoslavia, the civil
war in Bosnia and Herzegovina which had caused a flow of refugees to her
country and the blockade unjustly imposed on her country by the international
community, in particular as a result of the sanctions introduced by the
Security Council in its resolutions 757 (1992) of 30 May 1992, 787 (1992)
of 16 November 1992 and 820 (1993) of 17 April 1993. She also referred
to the numerous interventions by various humanitarian organizations and
individuals to provide humanitarian aid and to draw the attention of the
world to the devastating consequences of the sanctions for the national
economy, social infrastructures and the entire civil population, in particular
women and the vulnerable groups.
760. Living standards had fallen dramatically. National health services
lacked basic medical supplies and infrastructures and the supply of imported
medicines and other needed goods was blocked or obstructed by the embargo.
Mortality had increased, in particular among young children and the elderly,
as had the death rate of infants and people suffering from chronic disease.
The problem of AIDS had become pressing owing to a shortage of diagnostic
tests. Women were affected by the shortage of contraceptives, anaesthetics
used for abortions and basic hygienic items. The number of miscarriages
and deliveries at home had increased, as had the death rate of live-born
infants and mortality of mothers and babies during delivery. Stress, fear
of the future and separation of families often caused psychiatric problems.
Violence, alcoholism and various forms of sexual abuse had increased. Various
forms of violence against women and sexual harassment had been addressed
through non-governmental activities, including SOS telephone services and
by the Government, which considered rape and the abuse of women and children
as crimes that should be condemned in the strongest terms wherever they
occurred and that those responsible, whoever they were, should be punished.
761. The representative also referred to the issue of abuses of women in
war zones and pointed to her Government's position that such crimes were
contrary to international humanitarian law. For those reasons, the Government
had cooperated actively with the Commission of Experts established pursuant
to Security Council resolution 780 (1992) of 6 October 1992, investigating
facts and collecting data about women who had been victims of rape and
had come to Yugoslavia as refugees, with a view to the physical and mental
rehabilitation of those victims. The Government had also established State
bodies to investigate all such allegations, collect data and monitor the
rehabilitation of victims of sexual abuse committed in war areas and had
sheltered them as refugees in the Federal Republic of Yugoslavia. Some
parts of the collected evidence had already been presented to the Commission
of Experts and had been circulated as documents of the General Assembly
and the Security Council. For example, the Commission for monitoring the
sexual abuse of women, children and men in conditions of war, composed
of medical experts and psychologists, was set up in the Federal Ministry
of Labour, Health and Social Policy. Although the Commission did not discriminate
in terms of nationality, the majority of victims were Serbian female refugees
from Croatia and Bosnia and Herzegovina. Some of those women had already
been successfully reintegrated into society, as had, for example, young
women who had given birth as a result of rape in Muslim- and Croat-run
camps and brothels. Other medical and expert sources revealed that many
Serb women had been victims of persecution, sexual torture and rape in
various camps for Serbs. Some, however, after hospitalization withdrew
their statements and were not included in any evidence. All who had become
pregnant as a result of rape had received the necessary assistance. Most
of them did not want to talk and wanted to forget everything that had happened
to them. Only those who had come to have an abortion after a few months
of pregnancy and had been required to have an examination and to obtain
the approval of the special medical commission, had revealed what had really
happened to them. A considerable number of women who had been raped in
Bosnia and Herzegovina, however, with pregnancies of less than 10 weeks,
had had abortions without waiting for the Commission's approval and had
concealed the fact that they had been raped. Such behaviour only confirmed
her country's claim that, in its culture, a woman would admit that she
had been raped only if she had to. Rape was so traumatic that it often
caused suicidal tendencies. Instead of counting the number of raped women,
trying to prove which side had suffered more hardship, doubting their testimonies
and using them for political manipulation, it would be better to assist
raped women and reintegrate them in society.
General observations
762. Members of the Committee thanked the representative of the Federal
Republic of Yugoslavia (Serbia and Montenegro) for presenting the additional
oral report, which was more in compliance than the written report with
the request made by the Committee at its twelfth session that the States
of the former Yugoslavia submit a report or reports on an exceptional basis
in view of the Committee's deep concern about recent and current events
in the territory of the former Yugoslavia affecting the human rights of
women protected under the Convention. The written report (CEDAW/C/YUG/SP.1)
did not meet those requirements, as it was more like a periodic report
and did not address the situation of women with regard to the prevailing
armed conflict and various forms of violence against women. It was emphasized
by some that a report submitted on an exceptional basis should provide
more information on the specific situation of women owing to the state
of war. The members expressed their grave concern about the situation of
women in the Federal Republic of Yugoslavia (Serbia and Montenegro), who
had been affected by increasingly difficult living conditions, inflation,
unemployment, increasing violence in daily life and collapsing social and
health services. They expressed their solidarity with all women of the
Federal Republic of Yugoslavia (Serbia and Montenegro) and other States
of the territory of the former Yugoslavia. They appealed to the wisdom
and solidarity of women in the Federal Republic of Yugoslavia (Serbia and
Montenegro) to put an end to the war, to exercise the force of right and
to exert all possible pressure on men at the decision-making levels, in
the military and in peace negotiations, to stop the destruction, to stop
using women as tools of war and to achieve peace.
763. The view was expressed that, as in any armed conflict, women and children
were the primary victims.
764. In response to those observations, the representative stated that
the main emphasis had been placed on regular reporting because her country
had not been a party to the war in Bosnia and Herzegovina. It had nothing
to do with the civil war in Bosnia and Herzegovina between its three constituent
peoples - the Bosnian Serbs, the Bosnian Muslims and the Bosnian Croats,
and the Federal Republic of Yugoslavia had no territorial claims on Bosnia
and Herzegovina. The last soldier of the former Yugoslav People's Army
had left the territory of Bosnia and Herzegovina on 19 May 1992, so that
the Federal Republic of Yugoslavia could not be responsible for the ongoing
violations of human rights in Bosnia and Herzegovina. Thus, she was not
in a position to report on human rights violations in Bosnia and Herzegovina.
The Federal Republic of Yugoslavia was doing its utmost and playing a very
constructive role in the ongoing Geneva peace negotiations.
General questions
765. Reference was made to the fact that, despite all diplomatic initiatives,
and its internationalization, the conflict kept developing, with all its
outrageous consequences for women and children. It was asked whether women
had the political will and strength to stop further fighting, organize
themselves for peace at all levels and struggle together, independent of
ethnicity, nationality or religion, for a just and peaceful future for
the country and for its reconstruction. Information was also sought as
to the role of non-governmental organizations in the search for peace and
the participation of women in the peace negotiations, reconstruction of
the country and its future decision-making bodies.
766. The representative answered that in the Federal Republic of Yugoslavia
(Serbia and Montenegro) women supported the Government's policy related
to Bosnia and Herzegovina which was the policy of peace. Together with
men in the Federal Republic of Yugoslavia, they sought a peaceful solution
to the war in Bosnia and Herzegovina. Non-governmental organizations in
the country had made some attempts towards peace, but had not succeeded
up to now.
767. The members of the Committee commented on various negative consequences
of the sanctions described in the report and pointed to their damaging
effects, especially for women, in particular with regard to employment,
health care, housing, nutrition, pensions, maternity, child care, daily
violence, sexual abuse and the disintegration of the family. While reiterating
concern that all sanctions affected the most vulnerable social groups and
not the Governments, reference was made to the lack of explanation in the
report as to why the embargo had been imposed. It was asked why reference
was made in the report to Kosovo and Metohija as regions that were slow
in ridding themselves of some traditions and customs related to ensuring
equality of men and women, and why the distinction was made on ethnic,
religious and traditional grounds. The representative replied that those
regions had been singled out not for the purpose of discrimination, but
for special attention, as requested by the Committee at its tenth session.
768. The observation was made that the report did not address properly
the issues of violence against women. While information had been provided
in the statement on the increasing daily aggression and violence against
women in the Federal Republic of Yugoslavia (Serbia and Montenegro), such
as physical violence, sexual abuse, verbal and/or physical coercion of
women to sexual intercourse, sexual abuse of children, verbal and emotional
abuse of women and children, harassment and intimidation of women at their
places of work, economic abuse of women and children, there had been no
information on the issue of rape as a weapon of war. Although reference
to mass rapes used as means of warfare was included in reports of the Special
Rapporteur of the Commission on Human Rights and in many press reports
on the subject in the past two years, exact information and data on the
subject would be essential to the Committee. The situation in which might
prevailed over right and men used their power to return to such practices
of the dark ages was shocking and required clarification as to the facts,
figures and actions taken by the Government, if any, to bring the perpetrators
to justice and assist the victims. One member, however, did not share the
view that such data would be important, but rather favoured the view that
the focus should be on rehabilitation of and assistance to women victims.
The remark was also made that the statement in the oral report made by
the representative that "aberrant and violent sexual behaviour is
far from being characteristic of the war in the former Bosnia and Herzegovina
alone; such behaviour has occurred in all known wars thus far" (see
CEDAW/C/SR.254) was unacceptable, as well as immoral and appalling.
769. The representative stated that the accusation of the use of mass rapes
as a war weapon did not apply to her country at all because the Federal
Republic of Yugoslavia was not engaged in the war in Bosnia and Herzegovina.
She referred to the report of the Special Rapporteur, which confirmed the
incidence of mass rapes but pointed to all parties in the conflict. Although
incidents had happened in all war-torn areas, the evidence of ordered,
systematic rapes was very weak, and the Federal Republic of Yugoslavia
had strong evidence of Serbian women being raped by Croats and Muslims.
She also stated that the issue of violations against women who had found
refuge in the Federal Republic of Yugoslavia had been studied by the State
Commission for War Crimes and the Crimes of Genocide and the Interdepartmental
Group of the Federal Government involving all crucial ministries, non-governmental
organizations and associations of citizens. She stated that her Government
was willing to cooperate with all international fact-finding bodies. She
also apologized for the sentence that might give the false impression that
rape was considered, by the Government of the Federal Republic of Yugoslavia,
normal behaviour in times of war and asked that it be seen in the context
of what followed in her report, where rape was clearly characterized as
a great breach of humanitarian law.
770. With regard to the concern expressed about the situation and the marginalization
of detained women, incidents of unwanted pregnancy, numerous abortions,
women dying during delivery, the dramatically declining birth rate, and
increasing infection with AIDS, she pointed out the increased difficulties
that influenced the status of women in the Federal Republic of Yugoslavia
owing to the consequences of war in neighbouring Bosnia and Herzegovina,
general shortages and the malfunctioning of medical services and supplies
and the collapse of social structures as a result of the sanctions. Abortion
was still used as a means of contraception. There were an increasing number
of new-born children with AIDS. The risk of AIDS was particularly dangerous,
especially in view of the lack of proper information, medicines and sexual
education, especially among young people.
771. Asked about the data related to prostitution, policies in that respect
and the increasing number of female prostitutes visible, even in neighbouring
countries, and if that was related to the incidence of massive rapes, the
representative answered that prostitution was not a crime under the provisions
of the Yugoslav Penal Code. Increased numbers of prostitutes, who were
mainly women, but also young girls and boys, had started to practise "covert
prostitution" as a result of the dramatic situation of the country
and the lack of basic goods and prospects.
772. With regard to questions related to the situation of women and children
refugees, the representative stated that the refugees from all neighbouring
war-ridden areas were accepted by the society and individual families regardless
of their ethnic origin, religion or nationality. This was also a policy
of her Government. Referring to the question of the increased incidence
of violence within the families that received the refugees, she stated
that it had resulted from basic shortages and daily hardship and had nothing
to do with the national or ethnic background of the refugees and the receiving
families. Contrary to the image, the cultural differences between the nations
of the former Yugoslavia were not so drastic, and those nations had lived
in peace together for many years.
773. In conclusion, one member said that the representative's statement
that her country had nothing to do with the human rights violations in
Bosnia and Herzegovina was not acceptable.
Concluding comments of the Committee
774. The Committee commended the representatives of the Federal Republic
of Yugoslavia for presenting their report on an extraordinary basis in
spite of the regrettable situation in their country and also for providing
answers to most of the questions posed by members of the Committee.
775. The Committee expressed its sadness at the plight of the women of
the Federal Republic of Yugoslavia and recalled that it had always deplored
violence against women in all its forms. It expressed its concern at the
increased violence perpetrated against the women of the country caused
by the stress and deprivation currently being experienced by the population.
It expressed its concern that the women were also suffering the consequences
of sanctions, which were having a serious impact on their health care and
nutrition in particular. The tragic war in the territory of the former
Yugoslavia had affected women's dignity as human beings, had caused large
numbers of women to become refugees and had demonstrated women's vulnerability
in time of conflict.
776. The Committee called on all the women of the Federal Republic of Yugoslavia
not to remain passive. Women must participate fully at governmental and
non-governmental level in initiatives for peace in the territory of the
former Yugoslavia. The Committee expressed the hope that the women would
generate the political will needed for change and needed to bring the conflict
to an end. The Committee awaited initiatives from the women of the Federal
Republic of Yugoslavia which would bring an end to the tragic conflict.
