COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Forty-sixth 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)
226. The Committee, in concluding observations adopted at the forty-third session (see A/48/18, paras. 531-547), requested additional information from the Federal Republic of Yugoslavia (Serbia and Montenegro) concerning measures taken to give effect to the provisions of the Convention. The Committee considered the additional information, contained in document CERD/C/248/Add.1, at its 1094th meeting, held on 15 March 1995 (see CERD/C/SR.1094).
227. Consideration of the additional information proceeded in the absence of a representative of the State party. In that regard, the Committee had before it copies of an exchange of correspondence between the Ambassador of the Federal Republic of Yugoslavia and the Chairman of the Committee. The text of those communications reads as follows:
"Letter from the Chargé d'affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva to the Chairman of the Committee on the Elimination of Racial Discrimination 15 February 1995
Excellency,
With reference to the United Nations Secretary-General's note No. G/SO 237/2 (2) of 26 October 1994, and the invitation extended to the Government of the Federal Republic of Yugoslavia on 4 November 1994, for sending its representatives to a meeting of the CERD, may I transmit herewith the following position of the Government of the Federal Republic of Yugoslavia:
'The Government of the Federal Republic of Yugoslavia pointed out on several occasions its position that, being the continuation of the international, legal and political personality of the former Socialist Federal Republic of Yugoslavia, it would strictly abide by all the commitments the SFRY had undertaken by acceding to international-legal instruments, which includes the obligations deriving from its membership in the International Convention on the Elimination of All Forms of Racial Discrimination.
With regard to the fact that the delegation of the Federal Republic of Yugoslavia was unlawfully denied the right to participate in the work of the latest meeting of the States parties to the International Convention on the Elimination of All Forms of Racial Discrimination, whereby the basic rights of the FR Yugoslavia deriving from its membership in the Convention have been violated, the Government of the Federal Republic of Yugoslavia is of the view that the position of inequality, in which it is being placed by this act, makes its normal and usual cooperation with the CERD impossible.
Taking into account that, regrettably, in the meantime after our latest communication (No. 56/1 of 26 January 1995), nothing has been changed in the position held towards the FR of Yugoslavia, i.e., it is not yet considered as a full member to the Convention, the Government of the Federal Republic of Yugoslavia is keeping its position and it will not participate at the above-mentioned CERD meeting.
The Government of the FR of Yugoslavia is expecting that the Federal Republic of Yugoslavia will be allowed to participate on the footing of equality at the next Conference of the States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and that usual cooperation with the CERD will be resumed afterwards.
The Government of the Federal Republic of Yugoslavia wishes to reiterate once again its sincere interest in the equitable dialogue with the CERD, which is of mutual interest.'
Please accept, Excellency, the assurances of my highest consideration.
(Signed) Vladimir Pavicevic Ambassador"
"Letter from the Chairman of the Committee on the Elimination of Racial Discrimination to the Chargé d'affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva 6 March 1995
I refer to your letter of 15 February 1995 which transmits the position of your Government on the invitation extended to it to participate in the consideration by the Committee on the Elimination of Racial Discrimination of the additional information supplied by your Government pursuant to a request of the Committee.
May I convey to you the great regret of the Committee concerning the decision of your Government not to send a delegation to meet with it during its current session. While the absence of a delegation does not preclude consideration of the information which has been supplied, it does, however, greatly hinder the process of dialogue. The Committee considers that the continuation of the dialogue with your Government will contribute to the implementation of the Convention.
Note has been taken of the reasons presented by your Government as underlying its position. In this regard the Committee would like to restate its view that it has always considered that the Federal Republic of Yugoslavia (Serbia and Montenegro) is duty bound as a State party to the International Convention on the Elimination of All Forms of Racial Discrimination and that the Committee, in its actions, will continue to proceed on the basis of this understanding.
It is the hope of the Committee that your Government will reconsider its decision in sufficient time to allow for a dialogue to occur during the present session.
(Signed) Ivan Garvalov"
228. Members welcomed the submission of the additional information while deploring the unwillingness of the State party to send a representative to participate in the Committee's deliberations. Members also drew attention to and stressed the importance of the findings of fact contained in the reports of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the Former Yugoslavia, Mr. T. Mazowiecki. A number of members condemned the apparent unwillingness of the State party to take seriously its international obligations concerning human rights or to cooperate with various international procedures which are intended to promote respect for the rights of all peoples and especially vulnerable minority groups.
229. With regard to articles 2 and 5 of the Convention attention was drawn to reports of patterns of discrimination perpetrated by the State party against a number of minority groups, including people of Albanian origin in the Kosovo region, people of the Muslim faith in Sandjak and those of Bulgarian origin in certain areas of Serbia. Among the discriminatory practices cited were police harassment, deprivation of education rights, mass dismissals from employment and restrictions on freedom of expression. It was also noted that the Government persisted in refusing to assist United Nations initiatives to trace disappeared persons or to cooperate with the International Tribunal since 1991.
230. The role of the communications media in promoting ethnic and religious hatred was stressed by members and attention was drawn in that regard to the findings of the Special Rapporteur, which clearly indicate systematic and grave violations of article 4 of the Convention.
231. Members expressed concern about apparent violations of article 6 arising from reports that members of minority groups were unable to obtain adequate redress for violations of their human rights perpetrated by government authorities or by private citizens in circumstances where the government authorities failed to take preventative action.
232. Members referred to the good offices mission of the Committee which had visited Kosovo in 1993 and some expressed the view that a further mission might serve to promote respect for the Covenant in that region. In general members indicated their wish to give the fullest possible appropriate support to the Albanian minority in that region.
Concluding observations
233. At its 1097th meeting, held on 16 March 1995, the Committee adopted the following concluding observations.
(a) Introduction
234. The submission of a detailed document containing the additional information requested from the State party is welcomed. However, the Committee deplores the unwillingness of the State party to send a representative to participate in the consideration by the Committee of the information before it. The Committee notes the disparity between the intentions stated by the State party in its additional information concerning cooperation with the Committee and its unwillingness to participate at the meeting.
235. The important role played by the Special Rapporteur of the Commission for Human Rights for the former Yugoslavia is acknowledged and his findings of fact are endorsed.
(b) Factors and difficulties in implementing the Convention
236. It is recognized that the State party is experiencing considerable economic difficulties which have a negative impact on the enjoyment of human rights including those protected by the Convention. It is also acknowledged that the country faces severe challenges in meeting the needs of the large number of refugees within its territory.
(c) Principal subjects of concern
237. Great concern is expressed regarding the situation of the ethnic Albanian population of Kosovo. Reports continue to be received of campaigns of discrimination, harassment and, at times, terrorization, directed against them by State authorities. Dismissals from jobs in the public sector, principally from the police and education services, continue. Numerous reports have been received of physical attacks and robbery either committed by persons in the service of the State or inadequately investigated by the police. It can be concluded that the ethnic Albanians of Kosovo continue to be deprived of effective enjoyment of the most basic human rights provided in the Convention.
238. Concern is expressed concerning ethnic discrimination against other groups including the Muslim community of Sandjak and the Bulgarian community in Serbia. Note is taken of recent acts of discrimination perpetrated against these groups and of the failure of the State party to bring such actions to an end or to have them investigated and prosecuted.
239. Note is taken with profound concern of the large part which the media continue to play in the propagation of racial and ethnic hatred. Given the very tight State control over the media this propagation of hatred may be attributed to the State. It is further noted that the State party fails to take adequate action to either prosecute perpetrators of such acts or to attempt to redress injustices. It also fails to take action to counter the propagation of prejudice against non-Serbians through education of the population in tolerance.
240. The failure of the State party to cooperate with the Special Process on disappearances of the Commission on Human Rights is deplored. It is noted that without this cooperation no progress can be made in establishing the fate of large numbers of Croats, Bosnian Muslims and others who have disappeared.
241. The unwillingness of the State party to recognize the jurisdiction of the International Criminal Tribunal for the former Yugoslavia is also deplored and extreme concern is expressed with regard to the apparent policy of the Government to purport to bestow impunity on perpetrators of fundamental violations of international human rights and humanitarian law.
(d) Suggestions and recommendations
242. The Committee draws attention to the letter of its Chairman to the State party of 6 March 1995 and reiterates its contents. The Committee will continue to consider the Federal Republic of Yugoslavia (Serbia and Montenegro) to be bound by the terms of the Convention and looks forward to an early resumption of contact with the State party including its good-offices mission to Kosovo.
243. The Committee calls on the State party to cease immediately all policies and practices which violate rights under the Convention. It insists that victims of discrimination, including ethnic Albanians, Muslims and ethnic Bulgarians, receive redress and reparation in accordance with article 6 of the Convention.
244. The Committee recommends the immediate drafting and implementation of legislation with a view towards the outlawing of every manifestation of racial discrimination and the full implementation of the Convention. Particular attention should be paid to the legal regulation of matters such as the media and freedom of expression, employment and trade unions, the education system, and the health-care system. The Committee places itself at the disposal of the State party to make available to it any technical assistance it may require to carry out such legislative programmes.
245. The Committee insists that all perpetrators of violations of the Convention be brought to justice. It further calls on the State party to cooperate fully with the International Criminal Tribunal for the former Yugoslavia.
246. The Committee urgently suggests that the State party reconsider its failure to cooperate with the Special Rapporteur and the Special Process on disappearances of the Commission on Human Rights. It notes the important role played by both these mechanisms in promoting compliance with the terms of the Convention.
