Recommendation
1569 (2002)1
Situation of
refugees and internally displaced persons in the Federal Republic of
Yugoslavia
1. The
Parliamentary Assembly refers to its Recommendation 1491
(2001) on the Federal Republic of Yugoslavia – recent developments, and
Recommendation 1510
(2001) on the humanitarian situation of returnees to Kosovo.
2. The
Assembly, in relation to the ongoing procedure for accession of the Federal
Republic of Yugoslavia to the Council of Europe, draws attention to the
still unresolved question of refugees and internally displaced persons
(IDPs) in this country.
3. The Assembly
notes with concern that there are still over half a million refugees and
internally displaced persons in Serbia, Montenegro and Kosovo. Some of them
have been in this situation for ten years now. It is specifically concerned
about the plight of refugee children. The majority of IDPs have been
displaced for nearly three years.
4. Lack of
shelter, precarious living conditions particularly in unrecognised
collective centres, and lack of income remain major concerns for both
refugee and IDP groups throughout the country. The transfer of pensions and
allowances between different entities encounters problems.
5. The Assembly
is aware of the overall difficult economic situation in the country, and in
particular of the high rate of unemployment. It recognises the need for
foreign investments and assistance to revive the national economy.
6. In this
context, the Assembly is concerned by the significant decrease and complete
phasing out planned for the near future of international assistance to the
most vulnerable groups among refugees and displaced persons without concrete
projects to replace it by international development aid. Such a withdrawal
may produce dramatic consequences for some categories of refugees and
displaced populations.
7. The Assembly
is aware of the ongoing political process to determine the future status and
the relations between the different entities of the present Federal Republic
of Yugoslavia. Regrettably, the uncertainty concerning the final outcome of
this process has in some respects had a negative impact on the situation of
the refugees and IDPs and on any action undertaken to accomplish durable
solutions.
8. The Assembly
expresses its concern regarding the lack of harmonisation of policies in
respect of refugees and IDPs as well as insufficient co-operation in this
field between the authorities of entities of the Federal Republic of
Yugoslavia.
9. On the other
hand, the Assembly notes with satisfaction the progress in co-operation
between the authorities of the three entities and the governments of other
countries of the region, as well as with the international community as a
whole in respect of refugees and IDPs. Regrettably, the uncertainty over the
future political status of the country seriously impedes more active
involvement of the international development agencies.
10. The
Assembly notes with satisfaction the elaboration, by the Serbian authorities
in co-operation with international organisations, of the National Strategy
for Resolving the Problems of Refugees, Expellees and Displaced Persons. It
is designed to be implemented through institutional and legislative reform
as well as concrete projects and co-operation with relevant international
organisations and states in the region.
11. While
recognising the consistently humane and generous attitude of the Montenegrin
authorities who have never prevented IDPs and refugees from entering the
territory of Montenegro, or carried out forced returns, the Assembly notes
with concern that no long-term strategy has been elaborated in Montenegro
and no durable solutions are being considered by the Montenegrin
authorities.
12. While fully
aware of a complex economic and political situation combined with the burden
of the influx of IDPs, the Assembly expresses its firm conviction that
humanitarian questions cannot be outweighed by political considerations.
Therefore the Assembly expresses its concern at the passive attitude of the
Montenegrin authorities and their reluctance to face up to the problem. In
particular, the Assembly is deeply concerned by the newly adopted law on
citizenship which prevents refugees and IDPs from obtaining citizenship of
the republic.
13. The
Assembly welcomes the positive attitude of the Kosovo authorities, the good
co-operation with the United Nations Interim Administration in Kosovo
(Unmik), and the repeated declarations of the Provisional Government of
Kosovo on a readiness to accept the return of all minorities. Although the
security situation still does not allow for massive minority returns to
Kosovo, all necessary measures should be undertaken and efforts continued to
make such returns possible.
14. The
Assembly shares the conviction expressed by Unmik and the United Nations
High Commission for Refugees (UNHCR) that all repatriation to Kosovo
programmes, in particular those involving so-called minority returns should
be designed as co-ordinated, phased and orderly movements. This is
particularly true for most vulnerable groups of IDPs, in particular Roma,
Ashkali and Egyptian refugees.
15. Therefore,
the Assembly recommends that the Committee of Ministers:
i. urge the
member states of the Council of Europe:
a. to
encourage economic involvement and investments in the Federal Republic
of Yugoslavia;
b. to
ensure the continuation and development of a comprehensive economic
strategy in the framework of the Stability Pact for South Eastern
Europe;
c. to
contribute generously to the financing of projects in the framework of
the Serbian National Strategy and in particular to make special
arrangements for children;
d. to
respond in a positive way to possible future projects relating to
refugees and IDPs elaborated by the Montenegrin authorities;
e. to
continue providing humanitarian assistance to refugees and IDPs in the
Federal Republic of Yugoslavia and to ensure that it will not be phased
out before it is replaced by development assistance;
f. to
abstain from announced massive forced deportations of rejected asylum
seekers to so-called minority areas, and to carefully consider every
case on an individual basis;
g. to
recognise that, for asylum applicants originating from Kosovo, internal
displacement in Serbia and Montenegro does not offer an acceptable
relocation alternative;
ii. urge the
Serb authorities:
a. to
remove obstacles preventing Roma from Kosovo who have refugee status in
“the former Yugoslav Republic of Macedonia” from obtaining documents
which would allow them to return to the Federal Republic of Yugoslavia;
b. to
increase the involvement of relevant non-governmental organisations in
the elaboration of concrete projects in the framework of the National
Strategy;
c. to
consult systematically representatives of refugees and IDPs and involve
them in any governmental activities regarding them;
d. to
review and amend all administrative practices which complicate the work
of humanitarian international and local agencies (lengthy procedures for
registration, visa requirements, cumbersome procedures for import of
humanitarian goods, taxation, etc.);
e. to
provide refugees and IDPs with comprehensive and clear information on
their rights and their choice between return and integration;
f. to
ensure that pensions and allowances are transferred to IDPs in
Montenegro and Kosovo;
g. to
improve co operation with Montenegrin and Kosovo authorities in respect
of refugee and IDP policies;
h. to
continue co-operation with the authorities of Croatia and Bosnia and
Herzegovina with a view to finding satisfactory solutions in the fields
of housing, social protection and employment as regards those refugees
who wish to return;
i.
to introduce legislation to implement the 1951 Geneva Convention and set
up a status-determination procedure;
iii. urge the
Montenegrin authorities:
a. to
elaborate a national strategy designed to find long-term solutions to
the refugee and IDP problem;
b. to
elaborate concrete projects for refugees and IDPs and to actively seek
international funding for them;
c.
to involve relevant non-governmental organisations in the elaboration of
projects;
d. to
consult systematically representatives of refugees and IDPs and involve
them in any governmental activities regarding them;
e. not
to prevent those refugees and IDPs who wish to integrate in Montenegro
from doing so, and to take measures which would facilitate this process;
f. to
review and amend the law on citizenship with a view to changing the
provisions jeopardising the rights of refugees and IDPs;
g. to
co-operate with the Serb and Kosovo authorities with a view to
co-ordinating refugee and IDP policies;
h.
to introduce legislation to implement the 1951 Geneva Convention and set
up a status determination procedure;
iv. urge the
Kosovo authorities:
a. to
continue their co-operation with the international community in order to
keep up the process of minority returns to Kosovo;
b. to
regard the development of an environment for a safe and voluntary
minority return as one of the most urgent priorities;
c. to
set the context for a constructive, participative inter-ethnic dialogue,
and in particular to ensure non-discriminatory access of minorities to
employment, social services and education;
d. to
improve co-operation with the Serb and Montenegrin authorities in
respect of refugee and IDP policies;
v. urge Unmik
to review and reconsider certain regulations and administrative practices
which may have a negative impact on returns, in particular Regulation
2001/17 and the rule that assisted returns may be made only to the places
that the IDPs had fled from and not to any other place within Kosovo.
16. The
Assembly recommends that the Council of Europe Commissioner for Human Rights
visit the Federal Republic of Yugoslavia and Kosovo with a fact-finding
mission with the aim of examining the human rights and refugee situation in
Kosovo on the whole and elaborating appropriate recommendations.
17. The
Assembly further recommends that the Committee of Ministers:
a. ensure
the continuation of the strong involvement and commitment of the Council
of Europe in the process of the democratic reconstruction of a
multi-ethnic society and for confidence building in the Federal Republic
of Yugoslavia;
b. strengthen
its concrete reconciliation programmes in particular in the field of
culture and education;
c. promote
the long-term solutions with regard to refugees and IDPs in the Federal
Republic of Yugoslavia and encourage the co-operation between its
different entities and the countries in the region;
d. call
on the Council of Europe Development Bank to step up its co-operation with
the Federal Republic of Yugoslavia, and in particular to react positively
to possible future projects presented by the Montenegrin authorities
regarding refugees and IDPs;
e. invite
the Congress of Local and Regional Authorities of Europe to step up its
programme for the twinning of municipalities in the regions which are
hosting IDPs and refugees with municipalities in other Council of Europe
member states.
1.
Assembly debate on 27 June 2002 (23rd Sitting) (see Doc. 9479,
report of the Committee on Migration, Refugees and Demography, rapporteur:
Mr Cilevics).
Text adopted
by the Assembly on 27 June 2002 (23rdSitting).
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