COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Forty-second session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Federal Republic of Yugoslavia (Serbia and Montenegro)

509. At its 984th meeting, held on 19 March 1993, the Committee expressed its grave concern over the ongoing ethnic conflict taking place in the territory of the former Yugoslavia and requested the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as other successor Governments, in accordance with article 9, paragraph 1, of the Convention, to submit further information on the implementation of the Convention, not later than 31 July 1993.

510. The report (CERD/C/248) submitted by the Federal Republic of Yugoslavia (Serbia and Montenegro) pursuant to the aforementioned decision was considered by the Committee at its 1003rd, 1004th, 1005th and 1006th meetings, held on 13 and 16 August 1993 (see CERD/C/SR.1003-1006).

511. The report was introduced by the representative of the State party, who said that disrespect for and denial of the right to self-determination to all peoples in the territory of the former Yugoslavia had led to the tragic conflict there with its resulting destruction, ethnic cleansing, mass exoduses and population displacements.

512. The representative stated that the crisis had been compounded by international interference and, in particular, the imposition of sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) which had led to a collective condemnation of a people and which was contrary to the spirit of the International Convention on the Elimination of All Forms of Racial Discrimination. Those sanctions threatened not only the rights of the citizens of the Federal Republic of Yugoslavia (Serbia and Montenegro) but also those of the more than 600,000 refugees who had fled to the country regardless of their national or religious background. The resulting political, economic and social climate had eroded public security and the rule of law and had strengthened extremist forces pressing for intolerance and prejudice.

513. With respect to national minorities in the Federal Republic of Yugoslavia (Serbia and Montenegro), the representative stated that the legal system guaranteed minorities even greater rights than those provided for in international norms, including those agreed upon by the Conference on Security and Cooperation in Europe (CSCE). Additionally, work on the Federal Law on Minorities was in its final phase and would provide a further guarantee concerning the rights of members of minorities both as individuals and as a collectivity.

514. The representative stated that the issue of minority rights in the Federal Republic of Yugoslavia (Serbia and Montenegro) had been politicized and abused. In that connection, the Albanian national minority in Kosmet (Kosovo) and Metohija had clearly secessionist objectives and had tried to promote the "Kosovo Republic" idea in the Working Group on Ethnic and National Minorities of the International Conference on the Former Yugoslavia. That was being done despite the fact that constitutional provisions guaranteed Kosmet territorial and cultural autonomy, as well as the right to regulate questions in the fields of development, health, social protection and culture, including the use of the national minority language. Unfortunately, members of the Albanian national minority had almost completely boycotted school curricula in their own language. Similarly, there had been a decrease in the number of Albanians in the judiciary, police force and health institutions, which was due not to discrimination or expulsion from work but to their refusal to recognize the legitimate authorities of the State.

515. The situation in Vojvodina and Sandzak had also been politicized as part of the pressure being applied to the Federal Republic of Yugoslavia (Serbia and Montenegro). In Vojvodina, there were about 344,000 members of the Hungarian national minority whose ethnic, cultural, linguistic and religious identity was completely guaranteed. In places where there was a greater number of Hungarians, they held a majority in all the institutions of authority, including education, the economy and social life. With respect to the Raska (Sandzak) region, it was no more than a geographic area and the problems of the rights and status of Muslims living there had been politically imposed and artificially construed.

516. Members of the Committee expressed satisfaction that the State party had submitted further information as had been requested and that a delegation had been sent from the capital to respond to the questions posed by the Committee. Members noted that although the report contained useful information on the legal framework for the protection of national and ethnic minorities, there was little information on the actual situation of the various minorities and the extent to which their rights were protected in reality. There was also little information on the tense situation prevailing in certain regions of the State where there had been serious violations of the Convention and where ethnic tensions threatened to escalate into armed conflict.

517. Members of the Committee referred to information from other sources on the situation in the Federal Republic of Yugoslavia (Serbia and Montenegro), in particular the report of the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia (E/CN.4/1993/50). In that regard, members of the Committee wished to have further information on restrictions on the media in Kosovo and on problems that had arisen in the educational sector there following the reported changes in the school curricula which suppressed Albanian culture. Members also requested clarification on a number of laws listed in the report of the Special Rapporteur which were reported to be discriminatory in nature (see E/CN.4/1993/50, para. 156).

518. Members expressed their concern over the deterioration of the situation in Kosovo and wished to know why the autonomous status of that province had been revoked and the provincial courts there had been abolished. Regret was expressed over the fact that the Albanians there had chosen not to participate in social and public life. Emphasizing the need to foster a dialogue between the Government and the local minority leaders in Kosovo, members wished to know what active steps the Government was undertaking with a view to reducing tension and normalizing the situation there.

519. Members were particularly concerned over reports of police brutality, arbitrary arrests, disappearances and mass dismissals of the Albanian national minority in Kosovo and wished to know what had been done to investigate those reports and punish those responsible for such acts. Members also wished to know to what extent Albanian language newspapers, radio broadcasts and television programmes were still available in Kosovo.

520. Members expressed their concern over reports of verbal and physical threats and other acts of intimidation directed against the minorities living in Vojvodina, including the destruction of homes and cultural and religious monuments. According to those reports, the police and judiciary had not provided effective protection to the victims of such abuse. Members were particularly disturbed over reports of complacency on the part of law enforcement officials regarding the campaigns of terror and intimidation directed against minorities by paramilitary groups, and requested further clarification of the situation in that regard.

521. Members noted with concern that a similar situation prevailed in Sandzak where there had been reports of a campaign of terror carried out by paramilitary organizations with the aim of intimidating the Muslim population into abandoning their homes. In that connection, members wished to receive further information on the steps being taken to investigate allegations of such ethnically motivated campaigns, whether there had been any punishment of the guilty in that regard and what steps had been taken to avoid recurrences.

522. Stressing the need for ongoing monitoring of ethnic tensions in the State party, members wished to know why the Government had so far declined to renew the mandate of the CSCE monitoring missions in Kosovo, Vojvodina and Sandzak.

523. Members also wished to have further information on the role of government officials in inciting the public to ethnic intolerance and violence; on discriminatory practices concerning employment, education and housing; on reported frequent harassment of gypsies by the police; and on the number of ethnic Bulgarians in the Federal Republic of Yugoslavia (Serbia and Montenegro), their participation in government and measures taken to facilitate the use of their language. Members also requested clarification on the extent to which the Federal army was linked to activities in neighbouring States where massive human rights violations and ethnic cleansing had been occurring.

524. Members wished to know whether the Federal Republic of Yugoslavia (Serbia and Montenegro) was considering making the declaration under article 14 of the Convention recognizing the competence of the Committee to receive individual complaints alleging violations of the Convention.

525. Replying to the questions, the representative of the State party stated that there was significant representation of minority groups at all levels of government and he provided detailed figures to that effect. With reference to problems concerning education in Kosovo, the representative stated that the ethnic Albanians were the only minority in the Federal Republic of Yugoslavia (Serbia and Montenegro) who refused to exercise their rights and had chosen to boycott the schools. As a result, there were 466 schools for ethnic Albanians in Kosovo which were not used. There were a large number of schools which had been provided for the use of other minorities in Kosovo as well as in Vojvodina and Sandzak and which were used.

526. With regard to the mass media, the representative stated that public information facilities were controlled by minority groups and that special resources were made available to them in order to support their operation. Specific information was given indicating that there were many newspapers and weeklies as well as radio and television programmes in minority languages throughout the country. In particular, such facilities were provided in the Hungarian, Slovak, Albanian, Russian, Romanian, Ukrainian and Bulgarian languages.

527. With respect to the war crimes tribunal which was to be established pursuant to the decision of the Security Council, cooperation with that body would depend on decisions taken by Parliament, particularly concerning amnesty and extradition laws.

528. Concerning the CSCE monitoring missions in certain areas of the country, the Government had no objection to those missions and there had been cooperation in that regard. The agreement had not been extended beyond the original six-month mandate, however, because the participation of the Federal Republic of Yugoslavia (Serbia and Montenegro) in CSCE had not been clarified. The Federal Republic of Yugoslavia (Serbia and Montenegro) sought only to participate as a member of that body and, thereby, in the decisions affecting its own future.

529. The representative stressed that the Government was open to dialogue with all minorities in the country. He stated that international criticism of the Federal Republic of Yugoslavia (Serbia and Montenegro) had not been objective and that there had been mistakes and shortcomings on all sides which had contributed to the problems which the region was currently experiencing. He declared his Government's willingness to fulfil its obligations under the Convention and to cooperate with the Committee as well as other international bodies in the search for constructive solutions.

Concluding observations

530. At its 1012th meeting, held on 20 August 1993, the Committee adopted the following concluding observations.

(a) Introduction

531. The Committee noted that the report submitted by the State party contained information on the ethnic composition of the population, on the possibilities for minorities in the field of education and in public life and on the legal framework for the implementation of the Convention. However, the report did not reflect the actual situation of national and ethnic minorities in the Federal Republic of Yugoslavia (Serbia and Montenegro) or the current grave situation and tensions prevailing in certain parts of the State.

532. The Committee noted that its dialogue with the State party over the past several years had not been fruitful, with major discrepancies having become apparent between the provisions of the Convention and realities in the country. The Committee underlined the importance it attached to not only maintaining an open and constructive dialogue with States parties, but also to a practical follow-up of its suggestions and recommendations by the Federal Republic of Yugoslavia (Serbia and Montenegro).

(b) Positive aspects

533. The Committee welcomed the timely submission of the requested information and the presence of a delegation as an indication of the State party's willingness to continue the dialogue with the Committee.

534. The Committee took note of information made available to it regarding the Federal Ministry for Human and Minority Rights and of measures under consideration to provide a legal framework for the protection of the rights of members of minorities.

535. The Committee welcomed the interest shown by the delegation of the Federal Republic of Yugoslavia (Serbia and Montenegro) in an active role for the Committee with respect to re-establishing a dialogue between the interested parties in Kosovo within the framework of the early warning measures and urgent procedures devised by the Committee in its working paper of March 1993 (annex III).

(c) Principal subjects of concern

536. The Committee expressed deep concern over reports of serious and systematic violations of the Convention occurring in the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro). In that regard, the Committee considered that by not opposing extremism and ultra-nationalism on ethnic grounds, State authorities and political leaders incurred serious responsibility.

537. The Committee also noted with great concern that links existed between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Serbian militias and paramilitary groups responsible for massive, gross and systematic violations of human rights in Bosnia and Herzegovina and in Croatian territories controlled by Serbs.

538. The Committee expressed alarm over the deteriorating situation in Kosovo. A number of measures had been implemented there which were in violation of the provisions of the Convention, including the enactment of discriminatory laws, the closing of minority schools, the mass dismissal of Albanians from their jobs and the imposition of restrictions on the use of the Albanian language. Such measures had resulted in the increasing marginalization of the Albanians in Kosovo. In that regard, the Committee noted that Albanians in Kosovo did not participate in public life.

539. The Committee was deeply concerned by reports indicating that in Kosovo, as well as in Vojvodina and Sandzak, members of national minorities had been subject to a campaign of terror carried out by paramilitary organizations with the aim of intimidating or forcing them into abandoning their homes. The Committee also noted that information provided by the Government referred to such practices directed against Serbs in Kosovo. The Committee was particularly concerned that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) had not ensured that public security and law enforcement officials took steps effectively to prohibit such criminal activities, punish the perpetrators and compensate the victims, as required under article 6 of the Convention. The Committee was also concerned that other minorities in other regions of the Federal Republic of Yugoslavia (Serbia and Montenegro) were suffering from various forms of discrimination.

540. The Committee regretted the absence of a dialogue between the Government and the leaders of the Albanians in Kosovo aimed at reducing tension and helping to prevent further massive human rights violations in the region. In that connection, the Committee regretted the recent lapse of the mission of the Conference on Security and Cooperation in Europe (CSCE), which was monitoring ethnic tension and human rights violations in Kosovo, as well as in Vojvodina and Sandzak.

541. The Committee was also concerned that Serbs in Bosnia and Herzegovina were hindering the attempts of the Government of that State to implement the Convention.

(d) Suggestions and recommendations

542. The Committee underlined that non-discrimination in the enjoyment of fundamental, civil, political, economic, social and cultural rights must be effectively guaranteed in law and actively protected in practice if further ethnic unrest was to be avoided. The Committee in no way encouraged unilateral trends towards separatism or secession. In that connection, the Committee noted that separatism could best be discouraged by the active promotion and protection of minority rights and inter-ethnic tolerance.

543. The Committee recommended that, in conformity with articles 2 and 4 of the Convention, the Government should prohibit racial discrimination and should urgently take vigorous steps to ban racist activities and propaganda. In that connection it was vital that paramilitary groups be disbanded, reports of ethnically motivated attacks, including allegations of arbitrary arrests, disappearance and torture, promptly investigated and those responsible punished. The Committee emphasized the importance of providing proper training in human rights norms for law enforcement officials in accordance with its General Recommendation XIII and of ensuring the equitable representation among their ranks of national minorities.

544. The Committee strongly emphasized the need for urgent measures in respect of the situation in Kosovo in order to prevent persisting ethnic problems there from escalating into violence and armed conflict. The Committee recommended, in particular, that all possible measures be taken by both sides to foster dialogue between the Government and the leaders of Albanians in Kosovo. The Committee recommended that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) strengthen the territorial integrity of the State by considering ways of assuring autonomy in Kosovo with a view to ensuring the effective representation of the Albanians in political and judicial institutions and their participation in democratic processes.

545. The Committee urged the Federal Republic of Yugoslavia (Serbia and Montenegro) to undertake all measures at its disposal with a view to bringing to an end the massive, gross and systematic human rights violations currently occurring in those areas of Croatia and Bosnia and Herzegoina controlled by Serbs. The Committee also urged the State party to assist efforts to arrest, bring to trial and punish all those responsible for crimes which would be covered by the terms of reference of the international tribunal established pursuant to Security Council resolution 808 (1993). The Committee further urged the Federal Republic of Yugoslavia (Serbia and Montenegro) to give effect to the International Court of Justice's Order of Provisional Measures of 8 April 1993.

Further action

546. Taking into account the wish expressed by the representative of the Government and the need to promote a dialogue between the Albanians in Kosovo and the Government, the Committee offered its good offices in the form of a mission of its members. The purpose of the mission would be to help promote a dialogue for a peaceful solution of issues concerning respect for human rights in Kosovo, in particular the elimination of all forms of racial discrimination and, whenever possible, to help parties concerned arrive at such a solution. It was understood that such a mission should have every opportunity to inform itself of the situation directly, including full discussion with central and local authorities, as well as with individuals and organizations. In that connection, no one should be victimized for, or in any way have their rights or security impaired as a result of, cooperating with the mission. The Committee requested the State party to respond by 1 October 1993 if it wished to accept that offer, in which case the Chairman, after due consultations, would designate members of the Committee for such a mission.

547. In accordance with article 9, paragraph 1, of the Convention, the Committee requested further information from the State party on measures taken to implement the provisions of the Convention, particularly in view of the concluding observations adopted by the Committee at its forty-third session. The State party was requested to provide that information by 1 January 1994 so that it might be considered by the Committee at its forty-fourth session.