12 April 1994

Doc. 7066

OPINION

on the situation in Bosnia Herzegovina

(Rapporteur: Mr FLÜCKIGER, Switzerland,

Liberal, Democratic and Reformers Group)

1.       Recommendation 1205 (1993) states that the only way to find a lasting solution to the plight of the refugees and displaced persons in several countries of the former Yugoslavia is "to bring about an end to hostilities and to negotiate a peace settlement that fully respects the principles of democracy, human rights and minority rights".

2.       The cease-fire in Sarajevo, even though it does not constitute an end of the siege as such, and the Muslim-Croat Federation Agreement have brought some relief to the populations in the areas involved. However, there are grounds for serious concern over the humanitarian situation in other parts of Bosnia.

3.       This is the case in the Banja Luka region which is under sole control of the Bosnian Serbs. Despite the fact that military operations have ceased, both Muslim and Croat civilians continue to suffer expulsion and assassination.

4.       At Prijedor, the efforts of the International Committee of the Red Cross (ICRC) to evacuate the threatened population have been stalemated by unacceptable bargaining for compensatory transfers with minority Serbs in the areas of Tuzla and Zenica. Thus the concept of ethnic cleansing is still the order of the day.

5.       The dramatic situation in the Muslim enclave of Gorazde is symptomatic of the war aims pursued and of the continuing impotence of the international community to prevent them from being carried through, any more than to ensure respect for humanitarian law. Thus not only are medical and food supplies blocked, but access to this "safe area" is denied to the commander of the United Nations Protection Force (UNPROFOR) on the pretext that it is not safe!

6.       As long as the UNPROFOR command's calls for substantial reinforcements of peacekeeping troops are followed by so little response, the supporters of ethnic cleansing will not be dissuaded from continuing their action; in case of direct threats to minorities, the international community must expect the disastrous Yugoslav precedent to gain a following.

7.       Since November 1993, just before the Assembly last debated the humanitarian situation in the former Yugoslavia, the number of refugees and displaced persons in the area has increased by 120 494, mostly in Serbia and Montenegro but also in Slovenia, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), to a total of 3 928 000. However, the figure of 2 740 000 (including other vulnerable groups) for Bosnia Herzegovina itself remains unchanged and the number of others in need of humanitarian assistance fell from 452 000 to 165 000.

8.       In March 1994 the food aid that was actually distributed in Bosnia Herzegovina through the United Nations system almost reached the estimated monthly requirement, while earlier in the winter it had been falling far short, reflecting easier, though not unimpeded, access for convoys. Further improvement may be expected with the operation of Tuzla airport and through work on the Mostar/Sarajevo road.

9.       The cease-fire between the Bosnian Government and Bosnian Croat forces provides an important opportunity not only to intensify humanitarian assistance operations, but also to rebuild infrastructure, restore essential public services and re-establish commercial and trade links as a step towards self-sufficiency. UNHCR is distributing seeds for small scale subsistence farming throughout Bosnia.

10.       As the United Nations High Commissioner for Refugees, Mrs Sadako Ogata, said on 18 March to the Humanitarian Issues Working Group of the International Conference on Former Yugoslavia, rehabilitation and reconstruction will be of obvious importance for the return of refugees and displaced persons. But it is important that return should be on a voluntary basis, under conditions of safety and dignity. Moreover, people should be able to return to real homes, not to camps or temporary settlements. Your Rapporteur shares and supports Mrs Ogata's view, and appeals to the governments and authorities concerned to foster and facilitate this voluntary return movement as conditions permit and as long as it does not create new instability. Specific integration programmes should be developed to this end.

11.       Particular attention should be paid to family reunion, since many families who fled the violence find themselves separated in different countries. Support should be given to the UNHCR proposal to establish a Family Reunion Clearing House designed to promote the speedy reunion of families separated in third countries according to agreed and equitable criteria.

12.       But it must not be forgotten that new victims of the war in Bosnia Herzegovina are still being forced to flee the horror, bloodshed and persecution. On the whole, our governments have been generous in giving protection to such people, and should continue to ensure that the principles enshrined in the 1951 Geneva Convention and 1967 Protocol relating to the Status of Refugees, including that of non-refoulement, are fully respected.

13.       Finally, they should contribute generously to the process of reconciliation, rehabilitation and reconstruction which, we must fervently hope, will quickly gather momentum. Your Rapporteur fully agrees that the Committee of Ministers should examine the possibilities of using the Social Development Fund to provide financial assistance, in particular for the resettlement of refugees and displaced persons. To this end, Governments should be invited to propose and guarantee concrete projects

through the Fund's newly established "emergency account".

14.       The Assembly should recommend that the Committee of Ministers invite the member States

      - to take full advantage of the opportunity offered by the recently concluded cease-fire agreements to step up humanitarian assistance in Sarajevo and areas henceforth made more readily accessible

      - to maintain their pressure on the warring parties to guarantee safe passage for humanitarian assistance to areas still in conflict

      - to give their support to the UNHCR proposal to establish a Family Reunion Clearing House

      - to submit to the Social Development Fund concrete projects for the resettlement and social and economic integration of refugees and displaced persons and guarantee such projects through the Fund's "emergency account".

Reporting Committee: Political Affairs Committee (Doc. 7065)

Committee for an opinion: Committee on Migration, Refugees and Demography

Reference to committee: urgent procedure, decision of the Assembly on 11 April 1994

Draft opinion: unanimously approved by the committee on 12 April 1994

Secretaries to the committee: MM. Newman and Sich