Doc. 8795
6 July 2000

Situation of deserters from the Federal Republic of Yugoslavia

Motion for a resolution

presented by Mr Lippelt and others

This motion has not been discussed in the Assembly and commits only the members who have signed it

1.       The Assembly recalls its Resolution 1042 (1994) on deserters and draft resisters from the republics of the former Yugoslavia, in which it invited, in particular, the member states:

—       to examine all applications for asylum submitted by deserters and draft resisters from the former Yugoslavia with reference to the United Nations Convention relating to the Status of Refugees and the recommendations of the Office of the United Nations High Commissioner for Refugees as set out in the "Handbook on procedures and criteria for determining refugee status";

—       to refrain from deporting, or even from threatening to deport, deserters and draft resisters from the former Yugoslavia until such time as an amnesty has been declared and they can return home in complete safety;

—       to consider each case involving the return of deserters and draft resisters in the light of Article 3 of the European Convention on Human Rights.

2.       It now draws attention to the situation of deserters from Yugoslavia who left their country during the NATO campaign in March 1999. Many of those deserters were politically active against the regime of Mr Milosevic before that and left Serbia in order to avoid being incorporated in the Serbian army.

3.       In addition, it should be noted that NATO encouraged soldiers in the Serbian army to desert by throwing pamphlets from planes.

4.       The Assembly considers that the member countries of NATO should now help those who deserted by providing them with a legal status. In so doing they would be coherent with their previous incitation to desertion and they would enable those deserters to live where they are as long as the situation in the Federal Republic of Yugoslavia is not safe for them to return. In addition, as was mentioned in its Resolution 1042 (1994), it is aware that deserters and draft resisters will play an important role in re-establishing democracy once the regime in their country has changed.

5.       Accordingly, the Assembly invites member states

a. to grant to deserters from the Federal Republic of Yugoslavia the status of refugee;

b. to refrain from deporting, or threatening to deport deserters from the Federal Republic of Yugoslavia;

c. to consider each case involving the return of deserters in the light of Article 3 of the European Convention on Human Rights, which states that “no one shall be subjected to torture or inhuman or degrading treatment or punishment”.

Signed¹:

Lippelt, Germany, LDR

Err, Luxembourg, SOC

Frunda, Romania, EPP/CD

Gross, Switzerland, SOC

Hadjidemetriou, Cyprus, SOC

Jaskierna, Poland, SOC

Jurgens, Netherlands, SOC

Nabholz, Switzerland, LDR

Spindelegger, Austria, EPP/CD

Vermot-Mangold, Switzerland, SOC

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group