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<p align="justify">19 January 1994<b><br><br>Doc. 6997</b></p>



<p align="justify">1403-17/1/94-2-E</p>

<p align="justify"><b>REPORT</b></p>

<p align="justify"><b>on the humanitarian situation and needs of the refugees,</b></p>

<p align="justify"><b>displaced persons and other vulnerable groups in the countries</b></p>

<p align="justify"><b>of the former Yugoslavia</b></p>

<p align="justify"><b>(Rapporteur: Mr FLÜCKIGER,</b></p>

<p align="justify"><b>Switzerland, Liberal, Democratic and Reformers Group)</b></p>

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<p align="justify"><i>Summary</i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The report takes stock of the humanitarian situation of the refugees, displaced persons and other vulnerable groups who are victims of the conflict in the countries of the former Yugoslavia and examines the current efforts of the international community to provide assistance.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;The Assembly calls on the Council of Europe member states to step up their contributions to relief efforts and to grant asylum/temporary protection in particular to vulnerable groups. Deploring the constant attacks by the warring parties on humanitarian convoys, the Assembly also requests that the United Nations Protection Force (UNPROFOR) be given the means to fulfil its task and that its mandate be redefined as necessary to increase its effectiveness, thus enabling it to act as an interposition force that is respected by all belligerents.</p>

<p align="justify"><b>I.  Draft resolution</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly recalls its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendations 1175"> Recommendations 1175</a> (1992), 1176 (1992), 1189 (1992), 1198 (1992), and 1205 (1993), and its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolutions 969"> Resolutions 969</a> (1991), 994 (1993), 999&nbsp;(1993), 1004 (1993), 1010 (1993) and 1011 (1993) seeking to end the conflict and to strengthen humanitarian efforts on behalf of vulnerable populations in the former Yugoslavia. It welcomes<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 251"> Resolution 251</a> (1993) of the Standing Conference of Local and Regional Authorities of Europe, the relevant resolutions of the European Parliament and those of the Security Council of the United Nations. While paying tribute to the efforts of the international peace mediators, the Assembly deplores the fact that despite these texts and other expressions of the will of the international community, both the war and gross violations of human rights continue.  </p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly also deplores the fact that the Committee of Ministers, hence the governments of the member states, have only partially followed up the above- mentioned recommendations and resolutions which are nevertheless recognised as expressing the will of public opinion in all countries, the public neither understanding nor accepting Europe's incapacity to put an end to the conflict in the Balkans.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In 1993 the estimated number of refugees, displaced persons and others in need of humanitarian assistance in the former Yugoslavia increased by more than a million to 4,3 million, according to the Office of the United Nations High Commissioner for Refugees (UNHCR).  Over 2,7 million of these were in Bosnia-Herzegovina, representing 60% of the pre-war population.  Without an end to the conflict, the suffering of the Bosnian people can only worsen.</p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Under UNHCR leadership, the international community has responded with one of the largest humanitarian operations ever undertaken, but the delivery of humanitarian assistance remains subject to constant harassment and attack by the warring parties. The Assembly condemns this barbaric disregard for international</p>

<p align="justify">humanitarian law, while reiterating its admiration and support for all those involved in delivering assistance to those in need.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is concerned by recent statements by the Governments of Canada, France, Spain and the United Kingdom that they may withdraw their forces from the United Nations Protection Force (UNPROFOR) in Bosnia-Herzegovina if there is no progress towards a peace settlement by spring 1994. The Assembly is convinced that UNPROFOR should, on the contrary, be further strengthened to the point where it becomes an interposition force that is respected by all the belligerents and so as to allow it at the very least to fulfil its mandate to ensure protection and the delivery of humanitarian assistance, especially in view of the United Nations Security Council's declarations that &quot;all necessary measures&quot; should be taken to this end and that Sarajevo, Tuzla, Zepa, Gorazde, Bihac, Srebrenica and other threatened places should be made into &quot;safe areas&quot;.  </p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly takes note of the Croatian Government's threats to take action against the Bosnian Muslim refugees in Croatia, and even to intervene militarily in Bosnia, at a time when the question of the maintenance of the Croatian Parliament's special guest status is under review.</p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly is concerned by the deteriorating humanitarian situation in Serbia and Montenegro, for which these countries must themselves bear responsibility. According to UNHCR, food aid from donor countries has fallen far short of needs. Food and fuel deliveries have been held up by the lengthy procedures involved in obtaining authorisation from the United Nations Sanctions Committee. </p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Assembly reiterates its demand that the warring parties cease hostilities and adopt a more constructive attitude in the negotiation of a peace settlement, and failing a rapid conclusion, solemnly calls on the governments of the member states to take constraining action towards <i>all</i> the parties to the conflict so as to bring an end to the war.  </p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Furthermore, the Assembly: </p>

<p align="justify">i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; urges all the Council of Europe member states to increase their contributions to the United Nations humanitarian assistance programme for the populations who are victims of the conflict in the countries of the former Yugoslavia;</p>

<p align="justify">ii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; appeals to all nations to grant asylum/temporary protection to vulnerable groups in particular and to increase their offers of medical treatment for those unable to receive it in the former Yugoslavia;</p>

<p align="justify">iii.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; appeals to all governments which have contributed troops to UNPROFOR to maintain or increase present force levels;</p>

<p align="justify">iv.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; calls on member states of the United Nations which have not yet done so to consider, in co-operation with the Secretary General of that organisation, making a contribution to UNPROFOR;</p>

<p align="justify">v.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; demands that all the parties to the conflict in the former Yugoslavia allow the unimpeded delivery of humanitarian aid in accordance with their own past commitments and the requirements of international humanitarian law;</p>

<p align="justify">vi.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; recommends that the United Nations Security Council </p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<i>a</i>.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; speed up the authorisation procedures of the United Nations Sanctions Committee;</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<i>b</i>.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; approve the use of the military means necessary to secure ground and air routes for the protected delivery and distribution of humanitarian assistance, and strengthen UNPROFOR in consequence.</p>

<p align="justify"><b>II.  Explanatory memorandum</b></p>

<p align="justify"><b>by Mr FLÜCKIGER</b></p>

<p align="justify"><b>Introduction</b></p>

<p align="justify">1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; By its Orders Nos. 466 (1991) and 483 (1992), the Parliamentary Assembly instructed its Committee on Migration, Refugees and Demography to monitor closely the situation of the refugees and displaced persons in the former Yugoslavia.  Following up these orders, the committee organised two study visits: from 24 to 29&nbsp;November&nbsp;1992 to Slovenia, Croatia and Bosnia-Herzegovina, and from 26 July to 3 August 1993 to Serbia, Montenegro and the former Yugoslav Republic of Macedonia.  Following these visits, the Assembly adopted<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1205"> Recommendation 1205</a> (1993) and<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1010"> Resolution 1010</a> (1993) respectively.  Since the humanitarian situation in the former Yugoslavia is widely known through the reports of the media and of the international governmental and non-governmental organisations, this report will be limited to bringing the essential figures up to date and to drawing attention to certain aspects of particular concern.</p>

<p align="justify"><b>Increase in the number of refugees and displaced persons</b></p>

<p align="justify">2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; According to the Office of the United Nations High Commissioner for Refugees&nbsp;(UNHCR), the total number of refugees, displaced persons and other vulnerable groups receiving humanitarian assistance in the former Yugoslavia in November 1993 was 3 807 506, not including 452 000 other people who were also in need of such assistance.  The break-down of this total shows that 530 506 were in Croatia, 97 000 in the United Nations Protected Areas (UNPAs), 337 000 in Serbia, 41 000 in Montenegro, 30 000 in Slovenia, 32 000 in the former Yugoslav Republic of Macedonia, and 2 740 000 in Bosnia-Herzegovina (see Appendix I). This last figure represents 60% of the pre-war population.  Overall, there are 4,3&nbsp;million refugees, displaced persons and others in need of humanitarian assistance in the former Yugoslavia, a figure which has increased by over a million during 1993.</p>

<p align="justify">3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; By July 1993, the last date for which figures are available from UNHCR, some 750 000 refugees from the former Yugoslavia had arrived in other European countries since 1991. Germany had taken in the largest number with 340 000.  Austria had taken in 70 000, Hungary 29 000, Sweden 92 000, Switzerland 72&nbsp;000&nbsp;and Turkey 20 000.  The main problem remains the restrictions imposed by an increasing number of countries on entry by refugees from the former Yugoslavia. Problems and tensions are also to be noted in certain countries, especially in Croatia where measures have been taken against Bosnian Muslim refugees to make room for new Croat arrivals.</p>

<p align="justify"><b>The financial costs</b></p>

<p align="justify">4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Under UNHCR leadership, the international community has responded to the Yugoslav crisis with one of the largest humanitarian operations ever undertaken. The financial cost is enormous. The UNHCR by itself has already spent a total of US$ 600 million. Including the operational costs of the United Nations Protection Force (UNPROFOR), the humanitarian effort of the United Nations amounts to approximately US$ 2,5 thousand million. This is the most expensive operation in the Organisation's history.  The UNHCR's latest appeal for funds, the seventh since the beginning of hostilities, amounted to US$ 696 million for the period October 1993 to June 1994.</p>

<p align="justify">5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Clearly, the donor countries and the European Union, which is the biggest provider of funds for UNHCR's operations in the former Yugoslavia (see Appendix&nbsp;II) are balking at the idea of continuing their humanitarian efforts in the absence of any sign of willingness by the warring parties to cease fighting or to stop their attacks on convoys.  However, it would represent a failure of humanitarian obligations to abandon populations who are suffering so cruelly, in particular women, children and the elderly who are innocent victims.  There is therefore a need to call for a strengthening of the resources made available to UNHCR.</p>

<p align="justify"><b>Security</b></p>

<p align="justify">6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; In its<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Recommendation 1205"> Recommendation 1205</a> (1993), the Assembly recommended, among other things, the creation of &quot;safe havens&quot; in Bosnia-Herzegovina under strong military protection, strengthened military protection for<b> </b>the delivery and distribution of relief aid, as well as an increase in the number of offers made for the reception of refugees and displaced persons and a massive and immediate increase in humanitarian aid.  </p>

<p align="justify">7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Although the Committee of Ministers did not follow up the Assembly's call for a conference to discuss these proposals, the United Nations Security Council adopted several resolutions along the lines of the Assembly's wishes.<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 807"> Resolution 807</a> adopted on 19 February 1993 authorised all United Nations troops in the former Yugoslavia to use force for self protection, that is to return fire in case of attack. Moreover,<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 808"> Resolution 808</a> adopted on 21 February 1993 decided that an international tribunal should be established for the prosecution of persons responsible for violation of international humanitarian law in territories of the former Yugoslavia, thus responding to another of the Assembly's proposals. Thirdly, the Security Council adopted<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 824"> Resolution 824</a> on 6 May 1993, notably declaring that the capital of Bosnia-Herzegovina, Sarajevo, and other such threatened areas, in particular the towns of Tuzla, Zepa, Gorazde, Bihac and Srebrenica, as well as their surroundings, should be treated as safe areas by all the parties concerned and should be free from armed attacks and any other hostile act.</p>

<p align="justify">8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Since then, each of these places has been under attack, despite the presence in some of UNPROFOR troops.  Attacks on Sarajevo continue in particularly murderous fashion.</p>

<p align="justify">9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Humanitarian aid convoys, even under military protection, are constantly attacked, so that the states whose troops make up the bulk of UNPROFOR, that is Canada, France, Spain and the United Kingdom are threatening to withdraw their contingents.  While this threat may well represent in reality a means of exerting pressure on the parties to the conflict with a view to improving the chances of reaching a negotiated peace, the withdrawal of these troops would quite simply amount to a humanitarian disaster. Already in November 1993, only 10% of food deliveries could be made in central Bosnia because of the hostilities, according to the&nbsp;UNHCR (see Appendix III). Thus UNPROFOR should, on the contrary, be strengthened, as already recommended by the Assembly, so as to give the troops protecting the humanitarian relief convoys the necessary and effective means to carry out their task. Direct military action should be authorised to secure ground and air routes, ensuring that both the supply and the distribution of aid benefit from military protection, and to ensure that the so-called &quot;safe areas&quot; are really protected.</p>

<p align="justify"><b>Serbia and Montenegro: economic situation</b></p>

<p align="justify">10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; As regards Serbia and Montenegro,<a href="/ASP/Doc/RefRedirectEN.asp?Doc= Resolution 1010"> Resolution 1010</a> (1993) described an alarming economic, health and food situation, in part due to the fact that the application of the embargo led to long delays in the supply of humanitarian aid to the refugees and displaced persons as well as to the civilian population in those countries. The humanitarian situation continues to worsen, so that near riots have been witnessed in Belgrade during bread distributions. The rate of inflation in December 1993 alone was 570 000%. Moreover, delivery of heating fuel for winter by the UNHCR has been held up pending authorisation from the United Nations Sanctions Committee.  This has now been obtained.</p>

<p align="justify"><b>Conclusion</b></p>

<p align="justify">11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is evident that the political will to put an end to the conflict in the former Yugoslavia is lacking, and not only on the spot.  Hence, the humanitarian crisis is worsening. The consequences, in terms of material, moral and spiritual ruin, are incalculable, not only for the region itself but also for Europe. Clearly, differences of appreciation, if not of presumed or expected interests, between those countries which have the means of compelling the adversaries in the field to give up the use of force, prevent them from dealing with the very causes of the war.  Humanitarian assistance, however indispensable and generous, does not suffice to mask the serious malfunction of conflict prevention and mediation mechanisms.  While impatiently awaiting measures that will put an end to the fighting, we must bear the cost of political disagreement, however steep. In the name of what Europe can we abandon not only the principles of tolerance and multi-culturalism that have been flouted in the former Yugoslavia, but also the principles of active solidarity towards those who suffer?</p>

<p align="justify">APPENDIX I</p>

<p align="justify">APPENDIX II</p>

<p align="justify">APPENDIX III</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Report committee: Committee on Migration, Refugees and Demography.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Budgetary implications for the Assembly: none.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Origin: Order No. 483 (1992).</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Draft resolution unanimously adopted by the committee on 11 January 1994.</p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Members of the committee: MM. <i>Flückiger</i> <i>(Chairman)</i>, Cucó, Sir John Hunt <i>(Alternate:</i> Mr <i>Atkinson) (Vice-Chairmen)</i>, Mrs <i>Aguiar</i>, Mrs Arnold, Mrs&nbsp;Astgeirsdottir, MM. Attard Montalto, Biefnot, Billing, Böhm, Branger, Mrs&nbsp;Brasseur, MM. <i>Brennan</i>, <i>Brito</i>, Brunhart, Ehrmann, <i>Eisma</i>, Fava, Foschi, Fuhrmann, Galanos, Ghesquière, Gotzev, Mrs Hacklin <i>(Alternate:</i> Mr <i>Laakso)</i>, MM.&nbsp;De Hoop Scheffer, <i>Iwinski</i>, <i>Kalus</i>, Karcsay, <i>Kiliç</i>, Kiratlioglu <i>(Alternate: Mimaroglu)</i>, Lord Kirkhill, MM. Laanoja, <i>Landsbergis</i>, <i>Lupták</i>, Mrs Mascher, Mr&nbsp;Pahtas, Mrs Persson <i>(Alternate:</i> Mr <i>Franck)</i>, Mrs <i>Robert</i>, MM. Sarafopoulos, Siwek, Skaug, Stoilov, Ms Szelényi, MM. Trojan, Vázquez, Zlobec.</p>

<p align="justify"><i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;N.B.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The names of those members present at the meeting are printed in italics. </i></p>

<p align="justify">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Secretaries to the committee: Mr Newman and Ms Nollinger.</p>
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