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

20 September 1993

Doc. 6924

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Supplementary Reply to Recommendation 1205 (1993)

on the situation of refugees and displaced persons

in several countries of former Yugoslavia

(adopted by the Committee of Ministers on 7 September 1993

at the 497th meeting of the Ministers' Deputies)

1. The Committee of Ministers recalls its interim reply to Parliamentary Assembly Recommendation 1205 (1993), adopted in March 1993, and also that at the 92nd Session of the Committee of Ministers (14 May 1993), the Ministers held an informal exchange of views on former Yugoslavia, following which they "reiterated their condemnation of all acts of violence and of ethnic cleansing and other violations of human rights and urgently appealed to all the parties involved to sign and to implement the Vance-Owen peace plan. They underlined the importance of respecting and implementing the United Nations' Security Council Resolutions, including those imposing embargos.

The Ministers also appealed for the appropriate bodies to take into consideration the difficult economic situation resulting from the embargo in neighbouring countries.

They took note of the concrete contributions made by the Council of Europe in the fields of human rights and the media and reaffirmed the availability of the Organisation for all assistance in the fields of its competence, with a view to the search for a lasting solution, in liaison with the European Community, the CSCE and the United Nations."

Following the 92nd Session of the Committee of Ministers, the Ministers' Deputies authorised, at their 496th meeting (June 1993, item 3) the continuation of the activities of the Group of Experts in Demography concerning the census of the population in "The former Yugoslav Republic of Macedonia". They decided, moreover, to increase the number of experts by adding two data-protection specialists and permitting the participation of up to four representatives of minorities from "The former Yugoslav Republic of Macedonia". The Assembly will be kept informed of the results of these activities.

2. Supplementing its interim reply of March 1993, the Committee of Ministers would like to inform the Assembly of the following developments:

i. With regard to the establishment of an early warning and emergency relief system designed to improve assistance to displaced persons, it should be noted that a meeting of persons responsible for the provision of assistance in the event of mass inflows of persons fleeing their country which was held on 18 March 1993 was unable to reach consensus on the usefulness of a co-ordinated system to ensure early warning, as proposed by the Assembly.

As for ensuring that aid reached its destination, the participants considered that it was the organisations on the ground which best assured co-ordination. Nevertheless, in view of the complementary nature of this project and the efforts of the Working Party on a solidarity structure (burden-sharing), set up by the Group of Senior Officials entrusted with the follow-up to the Vienna Conference (Vienna Group), discussion of this proposal will be continued both by the Working Party and by the Vienna Group.

ii. With regard to cultural co-operation, the Committee of Ministers recalls its interim reply of April 1992 and its supplementary reply of September 1993 to Assembly Recommendation 1172 (1992) on the situation of the cultural heritage in Central and Eastern Europe. Proposals will shortly be submitted to the Ministers' Deputies with a view to defining practical arrangements for Council of Europe action to protect the cultural, and particularly the built, heritage.

With regard to specific aid programmes for Bosnia-Herzegovina in the field of primary, secondary and higher education, the Committee of Ministers will give a reply at a later stage.

iii. With regard to the Social Development Fund, the Chairman of the Fund on 30 June 1993 informed the Chairman of the Ministers' Deputies that the Fund's Governing Body had on 28 May 1993 adopted Resolution 245 (1993), in which it had been decided to set up a special, financially autonomous, account called the "Emergency Account" to finance loans to meet the urgent needs of refugees and displaced persons who are victims of acts of war or other similar exceptional circumstances. Loans will be granted without interest payments.

iv. 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 Ad hoc Committee of Experts on the Legal Aspects of Territorial Asylum (CAHAR) "felt that, at this stage, there is no need to create a new regional mechanism concerning such persons, but rather to apply accordingly in the member States a number of minimum standards as they were formulated in 1981 in conclusion of the text "No. 22 (XXXII) Protection of Asylum Seekers in Situations of Large-Scale Influx" of the Executive Committee (EXCOM) of the UNHCR.

This text drawn up by the Executive Committee of the Office of the United Nations High Commissioner for Refugees (UNHCR) establishes the fundamental principle of non-refoulement of persons seeking asylum and invites the States which have temporarily accepted refugees to respect the 16 basic human standards enumerated in the text. It also stresses the importance of co-operation with the Executive Committee of the Office of the United Nations High Commissioner for Refugees (UNHCR) and international solidarity and burden-sharing in connection with the acceptance of refugees. Faced with the problems of refugees, the text appeals for durable regional solutions.

3. The Committee of Ministers also recalls its replies of October 1992 and September 1993 to Parliamentary Assembly Recommendation 1188 (1992) on migratory flows in Czechoslovakia, Hungary and Poland.