25 September 1995

Doc. 7397

OPINION

on the situation of refugees and displaced

persons in some parts of former Yugoslavia

(Rapporteur: Mr IWINSKI,

Poland, Socialist Group)

1. Introduction

1.       At its meeting on 1 September 1995 in Dublin, the Committee on Migration, Refugees and Demography decided to request the Parliamentary Assembly to hold an emergency debate on the situation in former Yugoslavia. It believes that, in the light of recent events, it is more vital than ever to:

-       maintain and step up humanitarian relief for all refugees in former Yugoslavia;

-       reassert the right of return of all refugees and displaced persons, together with the right of those persons to recover their property; those not wishing or not able to return home must receive fair compensation;

-       avoid repatriating refugees for as long as there are no satisfactory guarantees for their safety.

2.       After four years of war and "ethnic cleansing", there are now 4.5 million refugees and displaced persons in former Yugoslavia, which represents one-fifth of the population of the Yugoslav Federation in 1991. The Committee on Migration, Refugees and Demography keeps a close and constant watch on the fate of these people and has already submitted four reports on the subject, which resulted in the adoption of Recommendation 1176 (1992), Recommendation 1205 (1993), Resolution 1010 (1993) and Resolution 1019 (1993).

2. Refugees and displaced persons in Bosnia-Herzegovina

3.       The Committee has issued numerous condemnations of the brutal acts of "ethnic cleansing" perpetrated essentially by armed groups of Bosnian Serbs and their attacks on the civilian population and the United Nations protection forces. In July 1995, the Chairman of the Committee responded to the overrunning of the "safe area" around Srebenica by calling on the Bosnian Serbs to respect the human rights of the population in this area, to fully apply the provisions of the Geneva Convention and to allow unimpeded access to humanitarian organisations. Since then, another "safe area", Zepa, has fallen and Sarajevo has once again been heavily shelled, tragically resulting in numerous casualties. This was yet another demonstration by the Bosnian Serbs of their utter contempt for international humanitarian law and the efforts of the international community to alleviate the suffering of civilians and put an end to the conflict.

4.       According to the information of the United Nations High Commissioner for Refugees (HCR), there are currently 2,749,000 people displaced or adversely affected by the war in Bosnia-Herzegovina, all of whom directly or indirectly receive humanitarian aid from the UNHCR. It is vital to ensure that this aid reaches those who need it. Consequently, the Committee believes that, in view of the Bosnian Serbs' unwillingness to allow the unimpeded passage of humanitarian convoys and to respect the lives of civilians, the United Nations Security Council is fully entitled to authorise the use of force to achieve those objectives.

5.       While "longstanding" refugees are waiting for aid, the number of new refugees is constantly rising. The Bosnian Serbs have forced thousands of people to leave their homes in the Banja Luka region and flee towards either Bihac or Croatia. Many of them have had to pay a "ransom" of 100-150 Deutschmarks in order to leave, plus DM 100-150 for their transport. According to the UNHCR, these refugees are often transferred from one location to another, particularly since Croatia seems to be refusing them entry.

6.       Banja Luka itself, a region almost entirely "cleansed" of Croats and Muslims, has in turn become a refuge for the Serbs fleeing the offensive recently launched by Croatia and the Bosnian army. The Committee thinks that if Banja Luka is captured by Croatian and Bosnian troops, an unprecedented humanitarian crisis will be triggered, and it therefore stresses the vital need to reach a negotiated settlement.

3. Refugees from the northern and southern sectors of

the United Nations protection zone ("Krajina")

7.       At the beginning of August 1995, Croatia launched "Operation Storm" and took back control of the northern and southern sectors of the United Nations protection zone ("Krajina"). It is not for the Committee to comment on the decision of the Croatian government to use military means to restore its territorial integrity. However, the Rapporteur deplores the fact that this operation gave rise, within a few days, to one of the most massive refugee flows seen in former Yugoslavia since hostilities broke out.

8.       The UNHCR and the International Committee of the Red Cross (ICRC) estimate that there are over 150,000 refugees from the "Krajina" at present in the Federal Republic of Yugoslavia (FRY - Serbia and Montenegro). Their humanitarian situation is very serious and risks further deterioration as winter sets in. Consequently, the Committee asked member States, at its meeting on 1 September 1995 in Dublin, to provide generous support for the efforts of international humanitarian organisations to help these refugees.

9.       This vast number of refugees is clearly more than can be accommodated in the FRY (Serbia and Montenegro), which has already taken in 400,000 refugees since 1991 and, in addition, suffers from United Nations Security Council sanctions. Similarly, while most of the earlier refugees were taken in by relatives, friends or host families, both the goodwill and material resources of those families now seem to have run out. As a result, accommodation is needed for over 100,000 people.

10.       This situation is also heightening tensions between Serbs and the Hungarian and Croat minorities of Vojvodina and the Albanian majority in Kosovo, who fear lest the refugees are used to alter the demographic structure of those regions.

11.       The UNHCR has also reported cases in which the FRY (Serbia and Montenegro) authorities have expelled men to the Serb region of Banja Luka in Bosnia-Herzegovina to join the local militias. The Committee firmly calls on the FRY (Serbia and Montenegro) authorities, therefore, to respect international humanitarian law, stop these expulsions and allow those already expelled back into the country.

12.       The Committee is particularly strong in its condemnation of attempts by the warring factions to definitively prevent the return of refugees or other "ethnic groups" who fled or were driven away from the regions under their control. This tactic, aimed at creating "ethnically pure" regions and states is particularly dangerous and refugee camps may well linger on well after the war as a result.

13.       In this context, the Committee is concerned over the situation in Croatia, as regards the safety of Serbian inhabitants of "Krajina" and their possibilities of returning there. There are various reports, notably from non-governmental humanitarian organisations, of murders of Krajina Serbs and the ransacking of their houses. Although the Committee understands the Croatian government's desire to re-establish its authority on what is part of its territory, it is not convinced that the Croatian authorities have done all in their power to avoid this humanitarian tragedy and protect refugees against expulsion, murder, degrading treatment and the destruction of their homes.

14.       The Croatian authorities are playing down these allegations by claiming that, if illegal acts have taken place, they were committed by small groups of extremists and not by the Croatian army. Similarly, they stress that President Tudjman himself has assured the Serbian inhabitants of "Krajina" that they are safe and urged them to stay in their homes.

15.       The Committee hopes that the Sub-Committee on Refugees, which will meet in Croatia on 12-14 October 1995, will have the opportunity of visiting "Krajina", so that it may gain a first-hand view of the situation and report to the Assembly during the first part-session in 1996.

16.       Already at this stage, the Committee is deeply concerned over the Croatian Government's Executive Order concerning the temporary takeover and administration of specified property, which was adopted on 31 August 1995 and entered into force on 4 September 1995.

17.       Under this Order, all property inter alia located on previously occupied and now liberated Croatian territory, which was abandoned by the owners and is not personally used by them at present, is to be placed under the temporary administration of the Republic of Croatia.

18.       Municipal commissions, created for this purpose, are authorised to give this property over to the possession of or use by fairly broad categories of individuals, including refugees and displaced persons or other citizens performing duties necessary to the safety, renewal and development of the formerly occupied area.

19.       The Order provides for a time limit of 30 days dating from its entry into force for owners to return to Croatia and reclaim their property which, in this case, will be returned to them. However, the provision seems highly theoretical since 30 days would certainly not be sufficient to dispel the fears of refugees for their safety. Moreover, it appears that only refugees able to prove their Croatian citizenship would be allowed to return. Yet it would seem that only a minority of them have the requisite civil status documents, while the others must seek documentation from the Croatian Ministry of the Interior with the delays that this entails.

20.       The Committee reminds the authorities that repatriation is generally regarded as the best lasting solution to problems of refugees. Consequently, it considers that this Executive Order is highly dangerous and likely to seriously jeopardise the return of refugees.

4. Proposals for a tangible contribution from the Council of Europe

21.       In addition to the solutions needed for immediate problems, the Committee believes that an initiative should be taken to co-ordinate the efforts of governments and international organisations to help refugees and displaced persons in former Yugoslavia. Consequently, it backs the proposal of the Political Affairs Committee to organise an international conference on these questions.

22.       If such a conference is held, the Council of Europe should play an active role and offer its expertise in areas such as assistance to governments in drawing up legislation on minority rights and on the citizenship of displaced Yugoslav nationals, the setting up of democratic institutions, the functioning of the media, the protection of natural and cultural heritage etc. Given the scale of the crisis affecting refugees in the region, the Council of Europe should co-operate more closely with the UNHCR in helping to evaluate the needs of uprooted populations in terms of housing, health, education, economic integration etc. Likewise the facilities of the Social Development Fund should be brought to the fore so that the fullest possible use may be made of its resources. Detailed proposals in this connection will be set out in a report on reconstruction in former Yugoslavia (Rapporteur: Mrs Robert, Switzerland), which the Committee on Migration, Refugees and Demography will shortly submit to the Parliamentary Assembly.

23.       The Committee also feels that the Council of Europe is the most suitable platform from which to launch a European campaign for solidarity with the peoples of former Yugoslavia. Such a campaign could provide a focal point for initiatives at European, national and local level by various protagonists (governmental, non-governmental or individuals), in pursuit of the following objectives:

a.       to achieve greater solidarity with the peoples of former Yugoslavia;

b.       to exert concerted pressure for a speedier solution to the conflict;

c.       to step up material assistance to those in need.

5. Conclusions

24.       The Committee acknowledges and appreciates the efforts of international humanitarian organisations to alleviate the suffering of hundreds of thousands of refugees and displaced persons in former Yugoslavia. It calls on member State governments to assist all persons in distress in that part of Europe and help them regain their human dignity.

25.       The Committee makes an urgent appeal to the warring factions to respect international instruments on the protection of refugees and war victims and to refrain from meting out any degrading or discriminatory treatment. It is important that humanitarian organisations have access to displaced people, refugees and the territories devastated by the war in order to verify that the warring factions have honoured their international undertakings. It is also vital for the survival of populations afflicted by the war that humanitarian convoys may reach them under international protection and without hindrance.

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Reporting committee: Political Affairs Committee (Doc. 7395).

This opinion was approved by the Committee on Migration, Refugees and Demography on 25 September 1995.

Secretaries to the committee: MM. Newman and Sich.