Interim reply to Recommendation 1205 (1993) on the situation of refugees and displaced persons in several countries of the former Yugoslavia

31 March 1993

Doc. 6806

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Interim Reply to Recommendation 1205 (1993)

on the situation of the refugees and displaced persons

in several countries of former Yugoslavia

(adopted by the Committee of Ministers on 19 March 1993

at the 490th meeting of the Ministers' Deputies)

1. The Committee of Ministers shares the views of the Assembly on the dramatic situation of displaced persons of former Yugoslavia. It decided at the 488th meeting of the Ministers' Deputies (February 1993), to transmit Recommendation 1205 to member governments and to the Governing Body of the Social Development Fund.

2. In connection with the Assembly's proposal that the Committee of Ministers organise a conference, as a matter of urgency, President Martinez addressed on 8 December 1992 a letter to Ministers for Foreign Affairs of member states urgently appealing for the convening of such a conference, and also stressing the need to create militarily protected "safe-havens". Though sympathy has been expressed for the proposals of the Assembly, the replies so far received suggest that no majority exists at the present time in favour of such initiatives being taken by the Council of Europe.

3. The Committee of Ministers welcomes the adoption by the UN Security Council of two resolutions going in the direction of the wishes expressed by the Assembly in its Recommendation, namely Resolution 807 (adopted on 19 February 1993) authorising all United Nations troops deployed in former Yugoslavia to use force for self protection, and Resolution 808 (adopted on 21 February 1993) deciding that an international tribunal shall be established for the prosecution of persons responsible for violation of international humanitarian law in territories of former Yugoslavia.

With regard to the latter, the Committee of Ministers also draws the attention of the Assembly to the reply adopted by the Ministers' Deputies (at their 486th meeting, January 1993) to Recommendation 1189 (1992) on the establishment of an international court to judge war crimes.

4. Where the situation of women and children who are victims of rape is concerned, the Committee of Ministers adopted, on 18 February 1993, and forwarded to the President of the Assembly, a Declaration on the rape of women and children in the territory of former Yugoslavia.

5. Where protection of human rights is concerned the Committee of Ministers adopted on 8 March 1993 Resolution (93)6 on the control of respect for human rights in European states not yet members of the Council of Europe, whose Article 1 provides that

"At the request of a European non-member state, the Committee of Ministers may, after consultation of the European Court and Commission of Human Rights, appoint specially qualified persons to sit on a court or other body responsible for the control of respect for human rights set up by this state within its internal legal system".

This mechanism could, in its first stage, be implemented in the context of the future constitution of Bosnia-Herzegovina, as a follow-up to the proposal made by Lord Owen before the Assembly on 3 October 1992.

6. The organs of the Council of Europe have a role to play particularly in four areas mentioned in Recommendation 1205:

-       with regard to the establishment of an early warning and emergency relief system designed to improve assistance to displaced persons, the Committee of Ministers authorised (at the 482nd meeting of the Deputies, October 1992), on an experimental basis, the Secretariat to organise a meeting of national correspondents appointed by European states interested in this initiative, it being understood that this meeting would be open to all European states invited to participate in the activities of the Group of Senior Officials entrusted with the follow-up to the Conference of Ministers on the movement of persons coming from Central and Eastern European countries ("Vienna Group"). The meeting of the national correspondents took place on 18-19 March 1993, and the Assembly will be informed of its result;

-       with regard to cultural co-operation, the Ministers' Deputies decided, at their 490th meeting (March 1993), to invite to Strasbourg a delegation of experts from Bosnia-Herzegovina to discuss with the Secretariat possibilities of participation in meetings and programmes within the framework of the European Cultural Convention. Moreover, the Deputies, as indicated in their reply (adopted at their 476th meeting, May 1992) to Written Question No. 343 by MM Baumel and Tummers on the cultural heritage onthe territory of the former Yugoslavia, have instructed the Secretariat to examine, as a matter of urgency, the possibilities for emergency action along the lines indicated in the question. The Assembly will be kept informed;

-       with regard to the Social Development Fund, the latter's Governing Body, at its 126th meeting (17-18 December 1992), was informed that two projects had been presented by Croatia and Slovenia and it decided that for these projects and for other projects in former Yugoslavia special conditions without interest payments would be applied if a member state were to guarantee such a project;

The Governing Body noted that the Administrative Council would take a decision on the two projects as soon as possible and that it was entitled to decide on the adoption of these projects by written procedure. The Administrative Council's Working Party on the re-examination of the fields of action of the Fund has been instructed to make proposals to generally deal with projects in order to meet the urgent needs of displaced populations, victims of exceptional circumstances such as acts of war. The Assembly will be kept informed of follow-up action;

-       with regard to work to clarify and harmonise at regional level the legal status of persons fleeing situations of war (including a right of return), the Committee of Ministers has asked the opinion of the Ad hoc Committee of Experts on the Legal Aspects of Territorial Asylum, Refugees and Stateless Persons (CAHAR), which holds its next meeting on 30 and 31 March 1993. The Assembly will be kept informed.".

Bearing in mind that the situation of refugees and displaced persons in the former Yugoslavia is dramatic, the Committee of Ministers will continue to be actively seized of this question. The subject of former Yugoslavia will be discussed at the 92nd Session of the Committee of Ministers.