COUNTRY ASSESSMENT

 

 

 

FEDERAL REPUBLIC

OF

YUGOSLAVIA

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNTRY INFORMATION AND POLICY UNIT

MARCH 1999

Version 3.O

 

 

COUNTRY BRIEF

FEDERAL REPUBLIC OF YUGOSLAVIA

CONTENTS

SECTIONS PARAGRAPHS

I INTRODUCTION 1.1 - 1.7

II GEOGRAPHY 2.1 - 2.3

III HISTORY 3.1 - 3.15

IV INSTRUMENTS OF THE STATE

Legal Framework 4.1 - 4.3

General Situation 4.4 - 4.5

Federal Government 4.6

Serbia 4.7 - 4.9

Montenegro 4.10 - 4.14

Independent Judiciary 4.15 - 4.17

V HUMAN RIGHTS

Freedom of Political Opinion 5.1 - 5.4

The Media 5.5 - 5.10

Race/Nationality 5.11

Freedom of Religion 5.12

Freedom on Movement/Internal Flight 5.13 - 5.14

VI OTHER ISSUES

Dayton Peace Accord 6.1 - 6.2

Security 6.3 - 6.5

Amnesty 6.6

Citizenship 6.7

Repatriation 6.8 - 6.9

Kosovo Verification Mission 6.10

Pristina Declaration 6.11

Rambouillet Peace Talks 6.12

VII MINORITIES/ETHNICITY

General 7.1

Ethnic Albanians in Kosovo 7.2 - 7.12

Hungarians and Croats in Vojvodina 7.13

Muslims in the Sand_ak 7.14 - 7.15

Other Ethnic Groups 7.16

Mixed Ethnicity 7.17

VIII GENDER BASED ISSUES

Women 8.1 - 8.4

Homosexuality 8.5

ANNEXES

A - POLITICAL PARTIES

B - BIBLIOGRAPHY

C - CHRONOLOGY

D - PROMINENT PEOPLE

E - ABBREVIATIONS

F - DISPLACEMENT MAPS (2)

 

I INTRODUCTION

 

1.1 This assessment has been produced by the Country Information & Policy Unit, Immigration & Nationality Directorate, Home Office, from information obtained from a variety of sources.

1.2 The assessment has been prepared for background purposes for those involved in the asylum determination process. The information it contains is not exhaustive, nor is it intended to catalogue all human rights violations. It concentrates on the issues most commonly raised in asylum claims made in the United Kingdom. It represents the current assessment by the Immigration & Nationality Directorate of the general socio-political and human rights situation in the country.

1.3 The assessment is sourced throughout. It is intended to be used by caseworkers as a signpost to the source material, which has been made available to them. The vast majority of the source material is readily available in the public domain.

1.4 It is intended to revise the assessment on a 6-monthly basis while the country remains within the top 35 asylum producing countries in the United Kingdom.

1.5 The assessment will be placed on the Internet (http://www.homeoffice.gov.uk/ind/cipu1.htm). An electronic copy of the assessment has been made available to the following organisations:

Amnesty International UK

Immigration Advisory Service

Immigration Appellate Authority

Immigration Law Practitioners' Association

Joint Council for the Welfare of Immigrants

JUSTICE

Medical Foundation for the Victims of Torture

Refugee Council

Refugee Legal Centre

UN High Commissioner for Refugees

1.6 There have been no enforced removals to FRY from the UK since the UN High Commissioner for Refugees, Ogata Sadako, requested the UK to cease doing so in March 1998. Current UK policy is to grant exceptional leave to remain in the UK to Serbs and Montenegrins on returnability grounds where asylum is refused. There has, as yet, been no substantive progress towards the implementation of a re-admission agreement between the UK and FRY.

1.7 An Immigration and Appellate Authority Tribunal determination dated July 1996 (Gashi and Nikshiqui) ruled that ethnic Albanians from Kosovo and Montenegro were at risk of persecution. Virtually all ethnic Albanians from Kosovo and Montenegro have been granted asylum in the UK since the determination, on the grounds that they may face persecution from the authorities in FRY because of their ethnicity. Until such time as the situation in those areas improves there is no basis on which the Home Office can mount a challenge to overturn the Tribunal determination.

 

II GEOGRAPHY

Location & Climate

2.1 The Federal Republic of Yugoslavia (FRY), comprising the two Republics Serbia and Montenegro, lies in south-eastern Europe. The FRY is bordered to the north by Hungary, to the east by Romania and Bulgaria, and by the Former Yugoslav Republic of Macedonia and Albania to the south; Montenegro, to the south-west, has a coastline on the Adriatic Sea and the FRY's inland western border is with Bosnia and Herzegovina and with Croatia. The province of Kosovo occupies the south-west portion of the Republic of Serbia and Vojvodina comprises the northern part. Belgrade is the capital of the Federal Republic of Yugoslavia as well as being the capital of the Republic of Serbia. Podgorica, formerly known as Titograd, is the Administrative Centre of the Republic of Montenegro. [1]

2.2 The climate is continental in the hilly interior and Mediterranean on the coast, with steady rainfall throughout the year. The average summer temperature in Belgrade is 22 C (71 F), the winter average being 0 C (32). [1]

 

Population, Language & Religion

2.3 The territory of the Federal Republic of Yugoslavia has an area of approximately 102,173 square kilometres (approx. 39,449 sq miles). The last official census, on which population estimates for FRY are based, was conducted on 31 March 1991. Official estimates indicate a total population of 10,481,954 (mid-1993), with over 9.7 million living in Serbia. Although no official figures exist for the current ethnic Albanian population in Kosovo, due to a comprehensive boycott of the 1991 census, it is estimated that they represent around 90% of Kosovo's 2 million population. The principal language is Serbian (sometimes known as "Montenegrin" in Montenegro, and formerly known as Serbo-Croatian). It is written in a cyrillic script. Other languages, most notably Albanian and Hungarian, are also spoken in the FRY. [2] & [3]

 

III HISTORY

The Birth of Modern Yugoslavia

3.1 The Kingdom of Serbs, Croats and Slovenes was proclaimed in December 1918. It was dominated by a Serbian monarchy and became a royal dictatorship, renamed "Kingdom of Yugoslavia", in 1929. Many non-Serbs were disillusioned and King Alexander was assassinated by Croat extremists in 1934. In 1939 "Banovina Hrvatska" (Croatia and parts of Bosnia-Herzegovina) was granted an important measure of autonomy.) [1]

 

Socialist Yugoslavia

3.2 The Communist Party had been proscribed in 1921 but was to emerge victorious from the Second World War. Following the invasion and partition of Yugoslavia by the Axis powers in 1941, the Serbian monarchy and government went into exile. The Axis powers met resistance from the Communist-led National Liberation Army (Partisan) forces, and the Serbian Royalist "Chetnik Detachments of the Yugoslav Army of the Fatherland" who represented the exiled monarchy and government. The former were more successful in combatting the occupiers and the Croatian Ustashe regime, and they eventually attracted British support away from the Chetniks. The Federal People's Republic of Yugoslavia, later renamed Socialist Federal Republic of Yugoslavia (SFRY) was declared on 29 November 1945. It's leader, Josip Broz "Tito" was elected President and in 1974, having served as President for 21 years, he was elected President for life. [1]

3.3 Socialist Yugoslavia was to have four successive Constitutions, those of 1946, 1953,1963 and 1974. These reflected political and social changes such as the move away from a command economy and the introduction of "socialist self-management" following the 1948 break with Moscow, and the six republics (Serbia, Croatia, Slovenia, Bosnia, Macedonia, Montenegro) and two autonomous provinces (Vojvodina, Kosovo). The exact role of the League of Communists of Yugoslavia (LCY) and the republican and provincial leagues changed, but they retained their leading position in society. [1]

3.4 Following Tito's death in 1980, the position of President of the Presidency (head of state) rotated annually between the Presidency's eight republican/provincial members. [1]

 

Abolition of Autonomy

3.5 The Serbs and the ethnic Albanians both claim Kosovo as being the cradle of their respective civilisations, and provide widely differing accounts of the region's history in order to justify their claims. Two historical events, during the 14th and 19th centuries, are of particular importance to the consciousness to their seperate ethnic identities: The Serb battle with the Ottoman Turks at Kosovo Polje in 1389, which effectively ended the independent Serbian Kingdom, which was based in Kosovo. The foundation of the ethnic Albanian League of Prizren in 1878, which began the Albanian national revival movement, also took place in Kosovo. Despite a declaration of independence by the National Albanian Assembly in 1912 (including the territory of Kosovo which had been granted to Serbia and Montenegro by the Berlin conference of the Great Powers in 1878) Kosovo was split from the Independent Albanian State by the London Conference of Ambassadors of the Great Powers in 1913 and has, almost without exception, remained part of the former Yugoslavia since the demise of the Ottoman empire in the 19th century. [21]

3.6 Under the 1974 Constitution, both Kosovo and Vojvodina enjoyed considerable autonomy, and had representation at Federal level which in practice equalled that of the republics. While Kosovo was permitted to use the Albanian language, and the administration in Priština was largely composed of ethnic Albanians. Ethnic Serbs living in Kosovo disapproved of the power granted to the ethnic Albanians, claiming that it undermined their own cultural identity. However, the ethnic Albanians remained firmly in the majority in Kosovo and, dissatisfied with the lack of economic development in their region, began to call for full republican status. Widespread nationalist unrest led to a series of violent clashes with the Serbian authorities during the spring of 1981. There followed several years of almost continuous civil unrest and violent demonstrations, accompanied by the migration from Kosovo of many Serbs and Montenegrins, due to economic and political factors. In 1989-90 Serbia introduced constitutional amendments which stripped Vojvodina and Kosovo of their autonomy. [4]

3.7 The Serbian government forced the the Kosovo Assembly to approve the amendments to the Serbian Constitution, thus abolishing the autonomous status of the region. Ethnic Albanians protested against these changes, which resulted in several violent clashes with the Serbian security forces throughout 1990. On 2 July 1990, the Kosovo Assembly declared Kosovo to be "an independent and equal unit" within the Yugoslav federation, and simultaneously announced their intention to secede from Serbia. However, on 5 July 1990, the Serbian government dissolved the Assembly, contrary to the Yugoslav Federal Constitution. Members of the now defunct Kosovo Assembly organised a clandestine meeting to adopt a new Constitution, confirming Kosovo's position as an equal republic within the Federation. A referendum, which attracted approximately 87% of voters in Kosovo, signalled the ethnic Albanian's approval of the declaration of an independent state, with an overwhelming 99.8% of votes in favour. [4]

 

The Outbreak of War

3.8 In June 1991, following a deterioration of political relations with Serbia, Slovenia and Croatia declared independence. The Federal Army entered Slovenia in response but on 8 July 1991, after a relatively unsuccessful campaign, the Yugoslav authorities were forced to retreat and all official Yugoslav troops were ordered to be withdrawn within three months. A full withdrawal was not completed until 25 October 1991. The Federal Army withdrew via Croatia where it backed local Serb militias fighting against Croatian forces. The conflict continued until a UN-sponsored ceasefire came into effect in January 1992. Croatia was then recognised by the EC. UN peacekeepers were deployed to monitor the ceasefire. Nearly one-third of Croatia was occupied by the "Republic of Serbian Krajina". In January 1995 the Croatian government announced that it would not renew the UN mandate in March 1995. The re-armed and re-trained Croatian Army re-took most of the occupied territories in two operations in May and August 1995. [1] & [5]

3.9 Macedonia declared it's independence in September 1991, Bosnia-Herzegovina followed suit in March 1992. The old SFRY was then declared non-existant by the Federal President Stipe Mesic. The Federal Republic of Yugoslavia (FRY) consisting of Serbia and Montenegro was declared in April 1992 and a new constitution was adopted. [1], [5], [6] & [33]

3.10 The Bosnian civil war began when the Bosnian Serb delegates of the Assembly in Sarajevo walked out and declared their own republic based in Pale. The conflict between Muslim (or Bosniac), Serb and Croat lasted until November 1995 and the initialling of the Dayton Peace Accord that brought peace to the region. In May 1992, trade sanctions were imposed on the FRY by the United Nations due to their involvement in the war in Bosnia. These were suspended with the advent of the Dayton peace process and were wholly removed in October 1996. An "outer wall of sanctions" remains in place beacause of concerns over human rights policies, democratisation, succession issues and Kosovo; these issues exclude the FRY from major international organisations. [1]

 

Economy

3.11 Following the formation of the Socialist Federal Republic of Yugoslavia (SFRY) in 1945, the Federal Government, under the leadership of Tito, established a soviet style collective agricultural and industrialised economy, although this was later modified in 1950 with the introduction of self-management for the state-owned industries. The SFRY's economy was based chiefly on industry (including mining) agriculture and tourism. However, with the disintegration of the SFRY since 1989, and following a period of serious economic decline during the 1980s, all sectors of the newly formed FRY's economy entered a period of severe crisis. Due to the reconstituted borders, FRY lost access to most tourist areas and coastline, therefore depriving the FRY government of much needed foreign currency from the tourism trade. Similarly, the FRY economy suffered severe hardship as a result of UN-imposed trade sanctions during the civil war, its exclusion from the General Agreement on Tariffs and Trade (GATT) in June 1992 and from the International Monetary Fund (IMF) in December 1992 (see para. 3.10). [2]

3.12 In real terms, FRY's gross domestic product, based on figures from all sectors of the economy, declined in the period 1990-1996. As a result of the UN trade sanctions, the deprivation of foreign investment and poor economic strategy during the 1970s and 1980s, FRY experienced almost catastrophic inflation, at one stage peaking at over 16,500,000 million percent. This extreme inflation resulted in several government-inspired devaluations of the dinar, one of which included the introduction of a Deutschmark-linked super dinar. However, recent years have shown faltering signs of recovery. [2] & [7]

3.13 Due to FRYs expulsion from major international monetary organisations, including the IMF, the Federal Government was not able to negotiate loan repayment programmes, nor was it able to obtain much-needed credit required for economic restructuring. Despite the initial suspension of United Nations sanctions on 22 November 1995 (and their subsequent lifting in October 1996), Yugoslavia is still struggling to re-establish itself in international trade markets. This is largely because of its domestic, as well as international, economic problems. The FRY authorities began negotiations with the IMF over readmission to the organisation in early 1996, but remains blocked from joining the IMF, as well as the OSCE and various other international fora, as a result of serious concerns regarding political and fiscal policies, as well as its human rights record. [2] & [7]

3.14 In a deal signed on 9 June 1997, the Serbian government sold 49% of its ownership of the Serbian Telecommunications Group to STET of Italy and the OTE of Greece, raising 1.6 billion Deutschmarks ($896 million). The transaction provided financial resources for the Government that it desperately needed as it faced growing social tensions since the government had amassed substantial state arrears. This was only a short-term solution to the growing economic imbalances in the economy. Unemployment had risen to 50% (in 1995, FRY unemployment stood at 760,000, or approx. 18%, from a total labour force of 4.4 million) the average wage around $130 per month and a third of the population was living in poverty. Analysts predict the country will fall further into crisis, especially if recent Kosovo tensions are not appeased and if further Contact Group sanctions are imposed. [2], [7] & [8]

3.15 Yugoslavia is the only country in the region with sufficiently large coal deposits, as well as access to hydroelectric and geothermal sources, to be a significant exporter of electric power. Plans exist to build new plants over the next ten years with investment exceeding US$ 4000m. Various foreign companies have expressed public interest in these projects. The proposed high speed trans-Serbia railway connecting Subotica, near the Hungarian border with Dimitrovgrad on the Bulgarian border (504km), and also with Macedonia, will link Central and Western Europe with Turkey and Greece. It will require at least US$ 3500m of investment of which 50% is expected to come from abroad. [2] & [7]

 

 

IV INSTRUMENTS OF THE STATE

 

Legal Framework

4.1 Under the 1992 Constitution (adopted on 27 April 1992) federal legislative power in the Federal Republic of Yugoslavia (FRY) is vested in a bicameral Federal Assembly, comprising the 138 Chamber of Citizens (the members of which are directly elected), and the 40 member Chamber of Republics (comprising 20 representatives each from Serbia & Montenegro). The Federal President is elected by the Federal assembly.[2]

4.2 Republican legislative power is vested in the respective republican assemblies of Serbia and Montenegro. Each republic has its own elected President, who is restricted to a maximum of two periods of tenure. The Serbian and Montenegrin Presidents propose Prime Ministerial candidates who are then elected by the respective assemblies. [2]

 

General Situation

4.3 Since the abolition of Kosovo's and Vojvodina's political autonomy in 1990, all significant decision-making has been centralized in Belgrade. Slobodan Miloševi_, President of the FRY since July 1997 and previously President of Serbia, controls the country through the media, police, secret services and the Socialist Party of Serbia (SPS) which, although it lacks majorities in both Federal and Serbian parliaments, controls governing coalitions and holds key administrative positions. [9]

4.4 The SPS-led Government precipitated a political crisis in November 1996 by orchestrating the annulment of Zajedno's (the opposition coalition) local election victories in Belgrade and other major cities. The government subsequently failed to act on the recommendations of former Spanish Prime Minister, Felipe Gonzalez, who led a delegation from the OSCE to Belgrade in December 1996, which confirmed the opposition victories and called for their recognition. Large demonstrations in Belgrade and other cities continued into January to protest about the stolen elections and demand democratic reforms. The OSCE mission, along with three months of mass street protests in Belgrade, forced President Miloševi_ to reverse the annulment of opposition electoral wins. The Serbian government passed a special law recognising most of the opposition election victories. This was the pinnacle of the Zajedno Coalitions achievement, and internal differences broke the coalition by August 1997. [1], [9] & [13]

 

Federal Government

4.5 The position of President of the Federal Republic of Yugoslavia became vacant after the previous incumbent, Zoran Lili_, stood down on 25 June 1997 at the end of his tenure. Slobodan Miloševi_, leader of the SPS and President of the Republic of Serbia, was nominated as Federal Presidential Candidate and was subsequently elected President of the FRY on 15 July 1997 (assuming office on 23 July 1997). Having been re-elected as the President of the Republic of Serbia in December 1992 (a third term is prohibited under the Serbian Constitution), the Federal Presidency is Miloševi_'s only remaining hope of retaining control on the FRY political system. [14a]

 

Serbia

4.6 The Serbian Parliamentary and Presidential elections were held concurrently on 21 September 1997. Despite a concerted effort by some opposition parties to garner popular support for a boycott, more than 50% of the registered voters turned out. Federal President Miloševi_'s Serbian Socialist Party (SPS), allied with the neo-communist Yugoslav United Left (JUL) - led by his wife, Mirjana Markovic - and Nova Demmokratija (New Democracy), failed to secure a majority in the Serbian parliament, achieving only 110 seats in the 250 seat parliament. Vojislav Šešelj's ultra-nationalist Serbian Radical Party (SRP) came second with 82 seats. Vuk Draškovi_'s Serbian Renewal Movement (SPO) was third with 45 seats. The remaining 13 seats were shared between five smaller groups. In order to take control of the parliament (for which they would require a further 16 seats) and avoid having to form a minority government, the SPS would have to form an alliance with either Šešelj's Radicals or the Serbian Renewal Movement, led by Vuk Draškovi_. Eventually, after discussions with the SPO, the SPS formed a government with the SRS and the JUL in March 1998. [14b]

4.7 Miloševi_'s proxy and leftist alliance candidate, Zoran Lili_, failed to win the Serbian presidential election in the first round on 21 September 1997. Lili_ won 35.7% of the official vote, followed by Šešelj (SRP) with 27.28% and Draškovi_ (SPO) with 20.64%. The contest was subject to a run-off vote on 5 October 1997 between Lili_ and Šešelj. The Serbian Electoral Commission declared the results invalid as the electoral turnout was below the 50% required. It was widely suspected that this claim of inadequate turnout was untrue. The National Assembly Speaker, Dragan Tomi_, fulfilled the role of acting President. [14c] & [14d]

4.8 The Parliament decided to hold further elections on 7 December 1997. The previous SPS candidate, Zoran Lili_, was replaced by Milan Milutinovic, whereas the SPO and the SRP retained their previous candidates, Vuk Draškovi_ and Vojislav Šešelj respectively. Some Kosovo Albanian and Sand_ak Muslim leaders called on their followers to boycott the elections, in protest over the Serbian authorities' continued refusal to restore autonomy to Kosovo, and the introduction of temporary measures which replaced Sand_ak's elected Novi Pazar municipal assembly. Early results indicated that SPS candidate, Milutinovic, had secured more of the votes than either rival, but a final tally demonstrated that he had not won more than 50% of the total ballot cast. A further run-off, between Milutinovic and Šešelj was held on 21 December 1997, with Milutinovic winning almost 60% of the vote. The OSCE, which monitored the elections, issued a statement to the effect that, although the electoral process was flawed, the results were representative and, therefore, valid. Milutinovic was installed as President of the Republic of Serbia on 29 December 1997, despite claims of electoral malpractice which were fuelled by the fact that many thousands of Kosovo Albanians were improbably claimed to have voted for Milutinovic. [14e], [14f], [14g], [14h] & [14i]

 

Montenegro

4.9 Montenegro's reformist Prime Minister, Milo Djukanovic, has resisted attempts by Federal President Milosevic to consolidate his power. Milosevic sought to bring the Montenegrin Police under the Federal authority, and is opposed to expansion of economic privitisation which would weaken his control. Dujkanovic, however, believes that Serbian and Federal economic policies are detrimental to Montenegrin development. [34]

4.10 The DPS won an overall majority in the Montenegrin Republican Assembly elections on 3 November 1996, taking 45 of the 71 seats available. Internal friction within the DPS led to a split in the party in July 1997. The DPS Main Board nominated Prime Minister Milo Djukanovic as its candidate for the Presidential elections and in October 1997 he ran against Milosevic's protege, the incumbent Montenegrin President Momir Bulatovic. President Bulatovi_'s supporters called for an early end to the mandate of the Montenegrin parliament, and requested that elections for a new parliament be allowed. They hoped to put an end to the political crisis caused by the split between rival factions of the ruling DPS. However, at a parliamentary vote on 12 September 1997, the proposal was defeated by supporters of rival Presidential candidate, Prime Minister Milo Dujkanovic. [15a] & [15b]

4.11 On appeal from President Bulatovi_'s camp, the Federal Constitutional Court abolished the article in Montenegro's constitution which stipulated that a party may only field one candidate in the elections. The Montenegrin electoral commission subsequently received and approved the nomination of President Bulatovi_ as a candidate for the first round of elections on 5 October 1997. [15c]

4.12 The first round of Presidential elections proved to be inconclusive; a second round held on 19 October resulted in Dujkanovic winning by approximately 5,500 votes. Despite outgoing President Bulatovi_'s claims of fraud perpetrated by the Dujkanovic faction of the DPS, the OSCE and the Montenegrin electoral commission declared that the voting was relatively free of abuse, and that the results were representative. The results of the poll were verified on 21 October 1997, although pro-Bulatovic supporters continued their protests up to Dujkanovic's inauguration on 15 January 1998. [16b], [16c], [16d] & [16e]

4.13 Parliamentary elections were held in Montenegro on 31 May 1998. The coalition "For a Better Life" (supporters of President Milo Djukanovic) won 42 seats, securing 170,080 votes. The Socialist People's Republic of Montenegro (supporters of Yugoslav Premier Momir Bulatovic) won 29 seats and 123,957 votes. The Liberal Alliance won 5 seats and 21,812 votes. Under special regulations on the number of seats to be held in the republican parliament by ethnic Albanians, the Democratic League for Montenegro and the Democratic Union of ethnic Albanians secured 1 seat each, winning 5,245 and 3,529 votes respectively. [35]

4.14 The Montenegrin Parliament passed a resolution on 17 June 1998 condemning President Miloševi_'s Kosovo policy and demanding that all Montenegrin Federal Army recruits serving there be sent home immediately. Rifat Rastoder, deputy Speaker of the Montenegran Assembly, confirmed on 4 July 1998 that, to that date, 105 conscripts had deserted the Montenegran army in Kosovo. [37] & [38]

The Independent Judiciary

4.15 The law requires that judicial functions are to be discharged within a uniform system and the jurisdiction of the courts shall be established and altered only by law. In general, court proceedings are conducted in public, using the national language of the region in which the court is situated; however, other languages may be used if necessary. [3]

4.16 The judicial system comprises courts of general jurisdiction; ie, communal courts, county courts, republican supreme courts and the Federal Court. The courts of general jurisdiction are organised in accordance with the individual republican legislation. In general the courts are entitled to proceed in criminal, civil and administrative matters. Military courts, headed by the Supreme Military Court, proceed in criminal and administrative matters connected with military service or national defence. Economic or trade matters are under the jurisdiction of economic courts. They also proceed in penal-economic matters. [3]

4.17 Judges are elected for life and the Constitution provides that they should be independent but in practice the Government seems to control the courts. There are (unsubstantiated) reports that the authorities frequently deny fair public trials to non-Serbs and to persons that they believe oppose the regime. [9]

 

HUMAN RIGHTS

A: ACTUAL PRACTICE WITH REGARD TO HUMAN RIGHTS

The Federal Republic of Yugoslavia is a multi-party constitutional democracy, which recognizes and guarantees human liberties and citizens' rights, as well as the rights of national minorities. However, there is significant evidence of serious human rights abuses, most notably against the ethnic Albanian community in Kosovo and persons who oppose or are critical of the Serbian-dominated authorities. Human rights abuses include: extra-judicial execution, torture, political violence, intimidation of the press and ethnic minority groups, arbitrary arrest and detention, incommunicado detention. The judiciary are not independent of government control and police force are recognised as being partial. Seperatist political and militia organisations in Kosovo have been responsible for kidnappings, intimidation, political and extrajudicial executions and killings. Despite the government's claim to be representative of the entire nation, there is significant evidence that the Serbian dominated authorities deliberately restrict the rights of minority groups and obstruct democratic reforms. [9]

 

B: HUMAN RIGHTS: SPECIFIC GROUPS

Freedom of Political Opinion

5.1 The Federal and Republican constitutions provide for political pluralism and the freedom of political association. However, whilst the freedom of membership of political parties is legal in FRY, the government severely restrict the citizen's ability to exercise this right by blocking anti-Government demonstrations, and by subjecting political activists from minority ethnic groups to arbitrary arrest. Security forces have frequently employed violent force in order to disperse anti-Government demonstrations. [9]

5.2 Due to the poor state of the FRY economy, and the fact that the ruling SPS party continue to dominate and control state industry and commercial enterprises, many FRY citizens are reluctant to associate openly with opposition groups for fear of economic reprisals, such as dismissal. Opposition politicians also claim that changes in the election law, including redrawing of districts, implemented since the last election, were designed specifically to favour the ruling party. [9]

5.3 The Federal and Republican constitutions provide for the freedom of peaceful assembly and association. Numerous instances occured in 1996 in which citizens exercised this right, including political rallies by opposition parties prior to the November 1996 local elections. After the November 1996 elections, the opposition continued to organize political rallies; the Government, however, blocked marches after 25 December 1996. There have been instances where the authorities have banned or broken up demonstrations or rallies, usually for public order reasons. [9]

5.4 On 14 July 1997 the non-elected municipal authorities which had been imposed by Belgrade in place of the elected and muslim-dominated council, introduced a ban on public demonstrations in the predominantly Muslim Sand_ak region, citing as its reason the prevention of threats to the security of property and the public. The emergency measures have been heavily criticised by the Sand_ak Muslims, who claim that the Serbian authorities have attempted to suppress anti-government demonstrations and support for Sand_ak autonomy. [9], [18a] & [18b]

 

The Media

5.5 Federal law provides for freedom of speech and the press, but in practice the Government exerts strong influence on most of the media. State-run television and radio stations display marked bias toward the Government, while the nominally independent media are subject to state-orchestrated repression, including economic pressure, and the deliberate blocking of transmission. The Government temporarily closed two independent radio stations which had reported the demonstrations held in protest at the government's decision to annul the results of the November 1996 municipal elections. The State-owned Radio Television Serbia, which has a substantial potential audience, made no reference to the demonstrations in Belgrade, despite the fact that some were supported by approximately 100,000 demonstrators. Radio and television services loyal to the FRY government have also been criticised for their extremely biased reporting of events in Serbia. The United Nations Special Rapporteur on Human Rights wrote to President Miloševi_ in December 1996 indicating that such biased reporting could be construed as "provoking hatred and fostering hostility" which is specifically prohibited under the Federal Constitution. [9] & [11]

5.6 Prior to FRY federal elections in November 1996, opposition leaders suggested that media manipulation by the Government had increased to unprecedented levels, and access was restricted even more than in 1992. Serbian state-run radio and television service (RTS) is the prime source of news for the populace, especially outside Belgrade. It has long been under the direct control of the regime and serves as its most powerful tool for manipulating public opinion. In March 1997, the Serbian Government attempted to introduce further restrictions on the media (which is purportedly guaranteed free from State censorship). However, these moves were later blocked by a series of electoral boycotts by opposition groups. In December 1998 the new government appointed dean of the state-run School of Electrical Engineering had filters installed which prevented students, professors and researchers throughout Serbia from accessing the OpenNet website - an important source of independent news and information. [9], [18] & [62]

5.7 The Serbian Ministry of Information, in response to NATO'S threat to use force in order to insure FRY compliance with UNSCR 1199, issued an emergency decree on Special Measures in the Conditions of Threat of NATO Armed Action which, in part, prevented the rebroadcast of foreign media reports. The Serbian government stated that the decree, issued on 8 October 1998, was designed to protect the integrity of the state from sensationalist, inaccurate and irresponsible reporting during a period of immediate war danger. The government enacted a Law on Public Information on 21 October 1998 prohibiting reporting "which questions the sovereignty of the Federal Republic of Yugoslavia or spreads defeatism". The emergency decree on "special measures in the conditions of threats" by NATO was rescinded on the same date. [39], [40] & [41]

5.8 The emergency decree and subsequent Law on Public Information attracted widespread criticism from the independent press who regard the authorities' actions as an attempt to prevent opposition and independent media from publishing or broadcasting items critical of the government. Although initially banned under the emergency decree, several newspapers and radio stations were allowed to resume publication and transmission upon enactment of the Law on Public Information. The action taken against the news magazine Evropljanin, and it's sister daily newspaper Dnevni Telegraf, on 23 October 1998, including heavy summary fines and confiscation of vital equipment, has only served to confirm the complete lack of normal democratic principles both in this Law and in the judicial system. The Serbian Justice Minister, Dragoljub Jancovic, claimed that some of the more controversial points of the Law would soon be eliminated. He said that although the main penal clauses would be retained, cases would in future be tried at regular courts and more time would be granted to the defence and prosecution to prepare for a case. [42], [43] & [44]

5.9 The official state-controlled press are able to purchase newsprint at discounted prices whereas the independent media is obliged to pay significantly higher prices. This manipulation is exacerbated by state industry and commercial concerns being dissuaded from advertising in media which appears critical of the government, thereby depriving them of much needed revenue. [9]

5.10 No television stations have shown images of the increasingly deteriorating situation in Kosovo; there have simply been maps and selective reports of police being fired upon. [30]

 

Race/Nationality

5.11 While the leadership of ethnically-based political parties, such as the LDK and the List for Sand_ak, may experience harassment on the basis of their political opposition to the Serbian authorities, the non-political civilian population may experience discrimination for reasons of race or nationality. The Serbian authorities have attempted to repress calls for autonomy or independence, and have prohibited languages other than Serbian being used in educational establishments and courts. The Serbian authorities embarked upon a programme of implementing legal provisions, such as the regulation of the sale of property between ethnic groups, designed to benefit the ethnic Serb community, at the expense of other ethnic groups, mainly the Kosovo Albanians and the Sand_ak Muslims. Such discriminatory action, which was to result in the dissolution of non-Serb majorities in certain Serbian regions has been widely criticised and has resulted in several major demonstrations. [5], [9] & [23]

 

Freedom of Religion

5.12 There is no state religion, but the Government gives preferential treatment, including access to state-run television for major religious events, to the Serbian Orthodox Church to which the majority of Serbs belong. On several occasions Muslims have been ordered to remove loudspeakers from some mosques in Kosovo and the Sand_ak. Although most of the inhabitants of the FRY are Christian, there is a significant Muslim minority. There is a strong Roman Catholic presence and there are also small minorities of Old Catholics, Protestants and Jews. [1] & [9]

 

Freedom of Movement/Internal Flight

5.13 The Constitution provides for freedom of movement and the Government makes passports available to most citizens. However, many inhabitants of Serbia who were born in other parts of the former Yugoslavia, as well as large numbers of refugees, have not been able to establish their citizenship in the FRY, leaving them in a stateless limbo. The Government has also been very slow to issue passports to refugees. Ethnic Albanians have encountered problems obtaining and renewing of passports and are sometimes called for interrogation by state security officers before passports are issued. [9]

5.14 The UNHCR have stated that, in respect of Kosovo Albanians and Sand_ak Muslims, there is no credible internal flight option in Serbia. This is based on the interpretation of paragraph 91 of the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status, which implies that the internal flight alternative can only be relied upon in cases where the authorities in the country of the refugees' nationality must be willing to provide protection, but are unable to do so. Internal flight cannot be considered as a viable option in cases where an asylum seeker is claims persecution, which is sponsored or condoned by the state, although such persecution may not be evident in other regions within the country of nationality. [19]

 

VI OTHER ISSUES

Dayton Peace Accord

6.1 During 1996 the international community worked fervently with the government of the FRY in order to secure implementation of the terms of the Dayton Peace Accord, a step-by-step process designed to end the war in Bosnia and secure the peace. The Accord was initialled on 21 November 1995 by Slobodan Miloševi_ of Croatia and Alija Izetbegovic of Bosnia, and subsequently ratified at a meeting in Paris on 14 December 1995. As a result of this agreement, which was not fully supported by President Miloševi_'s opponents, the UN agreed to lift all of the trade sanctions imposed against FRY. [2] & [19]

6.2 The FRY was only officially recognised by member states of the European Union on 9 April 1996 following FRY/Macedonia mutual recognition on 8 April 1996. The FRY was formally recognised by the UK on 8 April 1996. [8]

Security

6.3 Militarily, the FRY has remained stable following the signing of the Dayton Accord and it's recognition by the EU and the UK in April 1996. The FRY army is not currently involved in active engagements in any of the countries which made up the former Yugoslavia or elsewhere. However, the FRY army was required to provide support to the Ministry of Interior police following escalation of terrorist attacks by KLA. [5] & [31a]

6.4 In June 1995 the estimated total strength of the armed forces was 126,500 (of whom 60,000 were conscripts), including an army of 90,000, a navy of 6,000 and an airforce of 29,000. Military service is compulsory for men between the ages of 18 and 27 and lasts for 12-15 months (Article 22 of the compulsory military service law). Military service for women was introduced in 1993.However, a citizen who does not wish to participate in military service (on the basis of religious or other valid conscientious objection) may participate in civilian national service or in the Yugoslav army without the use of weapons. Those granted conscientious objector status and do either unarmed military or civilian service are required to serve for 24 months - twice the length of armed service. Conscientious objectors who do not qualify for conscientious objector status under existing provisions are liable to prosecution under the Criminal Code of Yugoslavia (Article 202). [1] & [6]

6.5 Traditionally, the Yugoslav Army has been subject to heavy influence by the government and has often been accused of partiality. However, recent events in Serbia, including the demonstrations aimed at electoral reform and the cancellation of opposition victories in municipal elections, resulted in the army hierarchy indicating that they would be prepared to revolt against President Miloševi_'s government. Col-Gen Dragoljub Ojdanic was appointed chief of the General Staff of the Yugoslav Army on 24 November. [2] & [ ]

 

Amnesty

6.6 The Federal Parliament passed a law in June 1996 granting an amnesty to those who evaded the draft or deserted the armed forces prior to 14 December 1995. It did not apply to professional soldiers and officers. Press reports indicated that some 12,500 men benefited from the law. The Nordic fact-finding mission to Kosovo in October 1997 reported the implementation of the amnesty law was being applied "to the letter". They also reported that the UNHCR in Belgrade and international humanitarian agency sources had discovered that the Serbian authorities do not make any great effort to get young Albanian males in Kosovo to perform military service, as this would provide them with military training. [48] & [49]

 

Citizenship

6.7 A new citizenship law was approved by the Federal Parliament on 16 July 1996 and came into force on 1 January 1997. Under this legislation a citizen of a former Yugoslav republic who, on 27 April 1992, habitually resided in the territory of the Federal Republic of Yugoslavia can, on application, automatically acquire FRY citizenship. Likewise, refugees or persons arriving in FRY territory after 27 April 1992 can, at the discretion of the FRY authorities, apply for FRY citizenship provided they hold no other citizenship: dual citizenship is no longer permitted. The Special Rapporteur has indicated that by prohibiting dual nationality, refugees from other ex-Yugoslavia territories who seek FRY citizenship may lose their property rights in their former homeland. The FRY and Croatian authorities, however, began talks on the subject of dual citizenship and on 13 December 1997 the authorities of FRY and Bosnia-Herzegovina signed an agreement which allowed Bosnian citizens to acquire FRY citizenship without having to renounce their Bosnian citizenship. [26], [27a] & [27b]

 

Repatriation

6.8 In August 1996, the FRY and Croatia signed an agreement normalising relations between the two countries. Both pledged to allow the free and safe return of their refugees and to ensure that returnees would retain control of their possessions or receive fair compensation for lost property. There have not, however, been a significant amount of returns to date. [20]

6.9 The FRY authorities imposed travel restrictions in November 1994 that made it more difficult for returnees (including voluntary) to re-enter the FRY. In particular, the FRY made it clear that asylum seekers abroad would not be re-admitted unless or until a bilateral readmission agreement is in force. Germany and the FRY signed a bilateral agreement on 10 October 1996 which took affect in December 1996. Despite the agreement, several persons returned by Germany in Decembwer 1996 were rejected at Priština airport. The UN Special Rapporteur reported that several hundred failed asylum seekers have been detained, either upon or following arrival in the FRY, and have been subjected to physical abuse by the Serbian police. The UNHCR is still concerned that such return agreements should contain assurances and guarantees regarding the safety and dignity of any returned failed asylum seekers. [19] & [20]

 

Kosovo Verification Mission

6.10 The KVM was established under OSCE Permanent Council decision No. 263 on 25 October 1998 and is the most complex mission yet undertaken by the OSCE. It's brief is to verify maintenance of the ceasefire, monitor force movements, assist the return of refugees and IDPs, supervise elections, help in the forming of elected self-administration bodies and police forces. The term "verifiers" rather than "observers" or "monitors" is used because the KVM'S role is to actively seek information in order to be able to verify specific compliance provisions. The cost of the KVM is approximately US$204 million per year. [53]

Pristina Declaration

6.11 Talks held on 25 November 1998 resulted in an agreement on a joint proposal for the self-rule political framework, signed by representatives of the National Party of Kosovo, Kosovo Democratic Initiative, and national communities of ethnic Turks, Romanies, Goranci, ethnic Egyptians, as well as the parliamentary parties from Kosovo, Serbia, and the state delegation. It was named the "Pristina Declaration". Representatives of the KLA were not present, however - Adem Demaci, their representative, had been invited, but only as a private individual. The Albanian side further considered that the talks should have been held at a federal (Yugoslav) and not republican (Serb) level. Later proposals to include the KLA were rejected by them on 7 December, and on 10 December the main government party, the Socialist Party of Serbia (SBS) rejected US envoy Hill's proposals on the grounds that it was not based on either the Miloševi_-Holbrooke agreement or the "Pristina Declaration". A definitive agreement has proved to be elusive thus far and it is difficult to see how any agreement that excludes the KLA can carry substantive weight. [54], [55], [56], [57] & [58]

 

Rambouillet Peace Talks

6.12 The talks content, as proposed by the Contact Group, proposed the restoration of Kosovo's autonomy without full independence. A final decision on Kosovo's status would then be put off for three years. Adem Demaci had previously announced (on 28 November 1998) that the KLA would be prepared to temporarily renounce their demand for a fully independent Kosovo, and to accept a three year transitional period with Kosovo being given the autonomy proposed by the current plan, prior to a referendum on independence. The Rambouillet talks, beginning on 6 February 1999 have achieved consensus on a political framework for autonomy to be phased in over three years. It comprises mechanisms for free and fair elections, the protection of human rights and the rights of members of national communities and the establishment of a fair judicial system. Neither a fully independent Kosovo or a foreign troop presence is acceptable to the Serbs. Further talks began in Paris on 15 March but were suspended on 19 March because the talks chairmen, Robin Cook and Hubert Védrine, concluded that the Serbian side was not negotiating in good faith. The ethnic Albanians had signed the peace accord on 18 March but the Serbs refused to do so. [30], [59], [60], & [61]

 

 

 

VII Minorities/Ethnicity

General

7.1 The minority groups in Serbia tend to be concentrated in specific areas, such as ethnic Albanians in Kosovo, Muslims in the Sand_ak and Hungarians and Croats in Vojvodina. The recent actions of the FRY authorities have not given any indication that the rights of minority groups are respected. Crimes against minority groups are rarely investigated and police are not generally held accountable for their excesses. However, in April 1996 a court sentenced a Serbian policeman to 4˝ years imprisonment for killing a 6 year old ethnic Albanian boy but there has been no confirmation that the man has actually served any prison sentence. [9]

 

 

Ethnic Albanians in Kosovo

7.2 Ethnic Albanians form approximately 90% of the population of Kosovo and are predominantly Sunni Muslims. Under the 1974 Federal Constitution, Kosovo was granted wide-ranging autonomy within the Republic of Serbia. However, increasing dissatisfaction at the lack of economic development and investment, and the considerable power wielded by Belgrade, led to a significant rise in nationalist feelings among the ethnic Albanian population. At the same time, ethnic Serbs voiced disapproval at the weakening of Serbia's position within the Federation. After President Miloševi_ came to power in September 1987, the level of repression by the Serbian security forces against Kosovars (ethnic Albanians) escalated sharply. [4]

7.3 Low level civil and human rights abuses had long been a feature of life but the systematic destruction of political rights accelerated in 1990. In March 1989 the Serbian authorities, under Miloševi_, initiated amendments to the Serbian Constitution, effectively removing the autonomous status which Kosovo enjoyed. Many Kosovars involved in public services, including the police force, were replaced by Serbs. The changes were regarded as illegal and unconstitutional, and provoked widespread social unrest, met by repressive countermeasures. A number of people, mostly ethnic Albanians, were shot and killed during this time. Serbs and Montenegrins have been encouraged to settle in Kosovo, with little success, and Belgrade's long term policy seems to be to exert political, economic and psychological pressure on Kosovars to emigrate. [4]

7.4 In response to the Serbian authorities programme aimed at replacing ethnic Albanians in public and official positions, the Kosovo Assembly declared Kosovo as a Republic in its own right on 2 July 1990, and announced its decision to secede from Serbia. However, the Serbian government acted by dissolving the Kosovo assembly three days later and, on 28 September 1990, adopted a new Constitution which abolished the autonomy of both Kosovo and Vojvodina. Following the Government's decision to change the school curriculum with teaching only in Serbian and history from a completely Serbian viewpoint, there was a boycott of state schools by Kosovars who currently operate a virtually parallel society, with people contributing to a separate social welfare and education system through a local tax collected by the Democratic League of Kosovo (LDK). Kosovars have continued to boycott Serbian elections and, in 1992, they elected their own Republic Assembly and Government prior to making a declaration of independence. So far Albania is the only country to have recognised Kosovo. [2] & [4]

7.5 The parallel education, health and political system is considered illegal by the FRY authorities and is frequently used as a pretext for the systematic abuse of the human rights of Kosovars. Although ethnic Albanian political parties are not banned, parties such as the LDK report that some of their membership are harassed by police, despite being legally registered. [12]

7.6 The situation in Kosovo remains tense and human rights violations by the police and the security services are widespread. These violations include arbitrary arrests, torture, harassment, random assaults and raids on houses by police (ostensibly looking for illegal weapons), which often result in the destruction of property and beatings. There have also been reports of ethnic Albanians (14 during 1996) who died as a direct result of mistreatment or beatings whilst in police custody, although non-Kosovar organisations have not been able to confirm such reports conclusively. Kosovar student and political activists continue to organise mass demonstrations, primarily aimed at advertising their attempts to establish a truly ethnic Albanian system in Kosovo. However, in October and December 1997, these initially peaceful protest marches were intercepeted and broken up by Serbian police. Several demonstrators were arrested on both occasions, and there were many allegations of excessive force used by the police. The Serbian authorities mounted a series of security operations in Kosovo, beginning in late February 1998, in response to an increase in violent attacks by the Kosovo Liberation Army (KLA or Ushtria Clirimtare e Kosoves (UCK in Albanian).

7.7 The KLA established "no-go" areas across large tracts of western Kosovo during the spring. The security forces extended operations to eliminate the "liberated zones" in July. KLA resistance eventually faltered against a series of co-ordinated attacks that included the use of armour and artillery. During September the security forces completed the operation with further sweeps in eastern Drenica and in north-east Kosovo. [36]

7.8 The operation over the summer were accompanied by a wave of houseburnings and wanton destruction by the security forces who showed scant regard for human life. Several atrocities have come to light. The security forces were almost certainly responsible for the murder of women, children and old people at Gornje Obrinje and near Vucitern in late September. The KLA, however, was almost certainly responsible for the killing of Serbian civilians at Kleckab in August. [36]

7.9 These security operations, originally centred upon municipalities and villages in western Kosovo, have resulted in the displacement of some 300,000 residents of Kosovo (one in seven inhabitants). 260,000 of those internally displaced persons (IDPs) remained in Kosovo (50,000 of whom were estimated to have fled to the hills). Those 50,000 were considered the most vulnerable, being without proper shelter, food or medicine. The remaining 40,000 were believed to have fled to Bosnia or Macedonia. The operations also resulted in the destruction of many homes and villages and a significant number of civilian fatalities and casualties. [12], [32a] & [32b]

7.7 In October 1996, President Miloševi_ and Ibrahim Rugova (leader of the LDK and President the unofficial Republic of Kosovo) signed an agreement to facilitate the return of ethnic Albanian children to state schools, studying their own curriculum in their own language. However, no real progress has been made on the implementation of the agreement and reported raids on parallel Albanian schools continue. [10] & [21]

7.8 On 23 September 1998 the UN Security Council 1199 (UNSCR 1199)

called for an immediate ceasefire, the withdrawal of FRY/Serbian security

forces used for repression, full cooperation with aid efforts to avoid the impending the humanitarian catastrophe, and the start of genuine negotiating process leading to political settlement.[1]

7.9 US Special Envoy Richard Holbrooke reached an agreement with President Milosevi_ on 13 October 1998. Milosevi_'s concessions were prompted by the threat of air strikes enshrined in the NATO Activation Orders agreed on 13 October. The two key parts of the deal are Milosevi_'s agreement to comply fully with UNSCR 1199 and allow intrusive ground and air verification mechanisms to verify Belgrade's, and the Kosovo Albanians', compliance

with the resolution. [1]

7.10 The Serbian government issued seperately a statement committing itself to an early agreement on a framework for an interim political settlement providing substantial self-government for Kosovo. Contact Group experts met on 11 November 1998 to consider progress. They endorsed US Envoy Ambassador Hill's plans to return to the region with EU Envoy Petritsch to press ahead rapidly with the negotiation process. The ground verification agreement allows 2000 OSCE verifiers to deploy throughout Kosovo. Britain has already undetaken to provide 10% of the mission's personnel and already has more than 50 personnel on the ground in Kosovo. The NATO air verification mission has already commenced operations. [1]

7.11 UN Security Council resolution 1203, adopted on 24 October 1998, lays a mandatory obligation on President Milosevi_ to live up to the commitments

he made to comply fully with SCR 1199, and cooperate with the OSCE and NATO missions. As a result of sustained NATO pressure there were significant withdrawals from Kosovo in late October of army and police units which

had been responsible for repression. The situation on the ground has significantly deteriorated since then, with Joe Hehenauer (Head of the UNHCR mission in Kosovo) claiming that approximately 100,000 people have been displaced since 24 December 1998 and a further 60,000 since the Rambouillet talks in February 1999. As this assessment was being finalised the unrest had reached the Kosovo's capital, Pristina. [1] & [30]

7.12 The Federal Republic of Germany, Switzerland and Sweden have signed bilateral readmission agreements with the Federal Republic of Yugoslavia, allowing for the return of FRY citizens who had been refused asylum to FRY territory. [11]

 

Hungarians and Croats in Vojvodina

7.13 Of the 26 different ethnic groups in Vojvodina, Hungarians constitute the largest minority, accounting for approximately 17% of a total population of 2 million, while the Croats represent approximately 3.7%. The situation in the area became tense owing to the influx of large numbers of official and unofficial ethnic Serb refugees to the FRY, 150,000 of whom were from the Krajina region. Vojvodina accommodates almost 50% of FRYs total refugee population of 560, 000. Both the Croat and the Hungarian community are subject to discrimination, in terms of access to employment in certain official and public capacities, and low level harassment. However, although they are now receiving some police protection from the undisciplined element of Serb refugees, and have access to their own schools and TV programmes, the Serb authorities in Belgrade still restrict the use of Hungarian as an official language. The situation is not as critical as that of Kosovo or the Sand_ak. [22]

 

Muslims in the Sand_ak

7.14 The Sand_ak, an area which straddles the Serbia/Montenegro border, has a significant population of Muslims and has witnessed considerable persecution of the Muslims by the minority Serbs. The repression has been backed by a state-sponsored propaganda campaign which, in an effort to destroy it as the legitimate voice of the Sand_ak Muslims, portrays the main Muslim political party, the Party for Democratic Action (SDA), as an anti-Serb and separatist organisation. Like Kosovo and Vojvodina, the Serb authorities limit the teaching of non-Serb culture and history, and have deliberately and blatantly removed Muslims from official duties and public institutions. Attempts by the FRY authorities to ethnically cleanse the Sand_ak of its 200,000 Muslims resulted in large numbers having fled the area. (This occured in July 1992 at the height of the Bosnian conflict, but does not represent the present situation.) [22] & [23]

7.15 The main committee of the SDA concluded on 18 February 1998 that the Muslim National Council of Sandzak (MNVS) shoud change it's name to the Bosniak [Bosnian Muslim] National Council of Sandzak (BNVS). A political group headed by Harun Haszic, former chairman of the SDA, set up a new party named the International Democratic Union (IDU), with headquarters in Novi Pazar. The True Party of Democratic Action, founded on 15 June 1966, has been renamed the Bosniak Democratic Party of Sandzak (BDSS) as from 20 April 1998. [45], [46] & [47]

 

Other Ethnic Groups

7.16 A Romanian population, known as Vlasi, live mainly in the area of Serbia close to the Romanian border. This group is generally tolerated by the FRY authorities and is represented politically by two parties. However, in common with the popular feeling in much of eastern Europe, local prejudice exists against these people. [9]

 

Mixed Ethnicity

7.17 Members of ethnically mixed marriages and their children have suffered abuse throughout the dissolution of the former Yugoslavia. While a child's ethnicity is determined by that of the father, partners of different ethnic background have been pressurised into supporting their own ethnic groups. Similarly, there were determined efforts by the FRY authorities to rid Serbian territory of non-Serbs, and create an ethnically pure state. [5] & [23]

 

VIII GENDER BASED ISSUES

Women

8.1 There are no legal restrictions on women's participation in Government and politics, and women are active in political organisations. However women are greatly under-represented in party and government positions, holding less than 10% of ministerial-level positions in the Serbian and federal governments. [9]

8.2 There is a traditionally high level of domestic violence. The few official agencies dedicated to dealing with family violence have inadequate finances and are limited in their options by social pressures to keep the families together no matter what. Few victims of spousal abuse file complaints with the authorities. The Centre for Autonomous Women's Rights offers help to refugee women, many of whom experienced extreme abuse or rape during the conflict in the former Yugoslavia. [9]

8.3 Women do not enjoy the same equal status as men in the FRY and relatively few women obtain upper level management positions in commerce. In some rural areas women are little more than serfs without the right to control property and children and, in a few villages, brides are still bought and sold. [9]

8.4 Women are entitled to equal pay for equal work and are granted maternity leave for 1 year, with an additional 6 months available. Women's groups continue to operate with little or no official acknowledgement. [9]

Homosexuality

8.5 The age of consent for homosexuals in the FRY was lowered from 18 years to 16 years in 1997. UNHCR have indicated that there have been no significant claims of persecution or discrimination relating to practicing homosexuals in the FRY. Homosexual activity, while not openly encouraged by the government, is tolerated and few, if any, incidents relating to general anti-gay feeling have been reported. UNHCR have reported that the homosexual community in the FRY is relatively small and unorganized. [9]

 

ANNEX A POLITICAL PARTIES

 

1. Main Political Parties

Socialist Party of Serbia (SPS): Formed in July 1990 from the League of Communists of Serbia and the Social Alliance of Serbia. Nationalist in

outlook. Led by President Miloševi_, Secretary General Gorica Goyern.

Serbian Renewal Movement (SPO): Founded in January 1990 and was one of the two main members of the coalition Zajedno. Favours a multiparty democracy, a market economy, reintroduction of the monarchy and freedom for the media, and has a nationalist dimension. President is Vuk Draškovi_, Secretary General Vladimir Gajic.

Democratic Party (DP): Formed in January 1990, it is one of the two leading opposition parties making up the three members of the Zajedno opposition coalition. Supports free media, market economy democracy and was previously supported by Bosnian-Serb leadership. President is Zoran Djindjic.

Democratic Party of Serbia (DPS): Formed in July 1992 by a breakaway, and more nationalistic, faction from the Democratic Party. Supports the full transformation to a democratic society. Led by Vojislav Kostunica.

Serbian Radical Party (SRS): Founded in 1990 by Vojislav Šešelj. Hard left national party which had a paramilitary wing known as the 'White Eagles'.

Party of Serbian Unity: Ultra Nationalist, party leader Zeljko Raznjatovic "Arkan". Commander of the "Tigers" paramilitaries. Holds no seats in parliament.

New Democracy (ND): Formally part of the opposition group, Depos. Now junior member of ruling Coalition. Business orientated with l little electoral support. President Dusan Mihaylovic.

The Yugoslav United Left (JUL): An alliance of 23 Left-Wing organisations. Formed in July 1997. Now part of the governments' left coalition led by Miloševi_'s wife, Mirjana Markovi_.

Citizens Alliance: One of the few genuinely non-nationalist parties in Serbia. The party fought the December 1993 elections as part of the Depos coalition. Now very much junior member of the Zajedno coalition.

2. Kosovo- and Sand_ak-Based Parties

Democratic League of Kosovo (LDK) aka Democratic Alliance of Kosovo (DAK): Founded December 1989. In September 1991 the party held an unofficial referendum on independence, which had an overwhelming vote in favour. Unofficial elections were held in May 1992 in which the chairman, Dr Ibrahim Rugova was elected President of the Republic (of Kosovo). The party has boycotted every Serbian and Federal election since the Kosovo "elections".

Christian Democratic Party (CDP): An Albanian party with close links to the LDK. The party is led by Mark Krasniqi, formerly with the Parliamentary Party of Kosovo. The CDP advocates more extreme methods, but has less maximalist aims than the LDK. This party also boycotts Serbian elections.

Parliamentary Party of Kosovo (PPK): Led by human rights activist Adem Demaci.

Party of Democratic Action (SDA) for Kosovo: This party, led by Riza Halili, has taken part in the Serbian elections together with the Democratic Party of Albanians and secured seats.

Party of Democratic Action of Sand_ak (PDA-S): A Muslim party, aligned with the Bosnian PDA, and advocates autonomy for the Sand_ak region. Chairman, Sulejman Ugljanin.

Lista for Sand_ak: A coalition of five ethnic Muslim political parties

based in Sand_ak, including the PDA-S.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX B BIBLIOGRAPHY

 

[1] FOREIGN AND COMMONWEALTH OFFICE

[2] EUROPA YEAR BOOK - 1997 Vol I

Europa Publications Limited

[3] ALBANIANS IN KOSOVO: PROSPECTS FOR THE FUTURE

Owen Bennett Jones - WRITENET (UK)

October 1994

[4] FROM AUTONOMY TO COLONISATION: HUMAN RIGHTS IN KOSOVO 1989-1993

International Helsinki Foundation for Human Rights

November 1993

[5] PROFILES OF ASYLUM CLAIMS AND COUNTRY CONDITIONS FOR 1994

US Department of State

[6] CROATIA AND THE FEDERAL REPUBLIC OF YUGOSLAVIA: MILITARY SERVICE

Documentation, Information and Research Branch

September 1992

[7] FEDERAL REPUBLIC OF YUGOSLAVIA - COUNTRY PROFILE REPORT

Department of Trade and Industry

June 1997

[8] REUTERS NEWS SERVICE

[a] 24 September 1997 (art. dated 24 Sept 1997)

[9] COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1996

Bureau of Democracy, Human Rights and Labor

US Department of State

30 January 1997

[10] REPORT FROM THE HUMAN RIGHTS FIELD OPERATION IN BOSNIA AND HERZEGOVINA, THE REPUBLIC OF CROATIA AND THE FEDERAL REPUBLIC OF YUGOSLAVIA

UN High Commissioner for Human Rights/Centre for Human Rights

28 August 1997

[11] SITUATION OF HUMAN RIGHTS IN THE TERRITORY OF THE FORMER YUGOSLAVIA

United Nations Economic and Social Council

29 January 1997

 

 

[12] SITUATION OF HUMAN RIGHTS IN THE TERRITORY OF THE FORMER YUGOSLAVIA

United Nations Economic and Social Council

22 October 1996

[13] GUARDIAN

27 February 1997

[14] REUTERS NEWS SERVICE

[a] 17 July 1997

[b] 25 September 1997

[c] 10 October 1997

[d] 11 October 1997

[e] 9 December 1997

[f] 9 December 1997

[g] 9 December 1997

[h] 23 December 1997

[i] 30 December 1997

[15] REUTERS NEWS SERVICE

[a] 4 November 1996

[b] 15 September 1997 (art. dated 12 Sept 1997)

[c] 15 September 1997 (art. dated 13 Sept 1997)

[16] REUTERS NEWS SERVICE

[a] 10 October 1997

[b] 21 October 1997 (art. dated 21 Oct 1997)

[c] 21 October 1997 (art. dated 21 Oct 1997)

[d] 12 January 1998

[e] 17 January 1998 (art. dated 15 Jan 1998)

[17] AMNESTY ACT 1996

President of the Federal Republic of Yugoslavia

18 June 1996

[18] REUTERS NEWS SERVICE

[a] 29 July 1997 (art. dated 26 July 1997)

[b] 12 August 1997 (art. dated 8 August 1997)

[19] POSITION PAPER ON ASYLUM SEEKERS FROM THE FEDERAL REPUBLIC OF YUGOSLAVIA

UNHCR

16 August 1996

[20] WORLD REFUGEE SURVEY 1997

US Committee for Refugees

[21] BACKGROUND PAPER ON REFUGEES AND ASYLUM SEEKERS FROM KOSOVO

UNHCR/CDR

February 1996

[22] SITUATION OF HUMAN RIGHTS IN THE TERRITORY OF THE FORMER YUGOSLAVIA: SPECIAL REPORT ON MINORITIES

United Nations Economic and Social Council

25 October 1996

[23] HUMAN RIGHTS ABUSES OF NON-SERBS IN KOSOVO, SAND_AK AND VOJVODINA

Human Rights Watch/Helsinki

May 1994

[24] REUTERS NEWS SERVICE

[a] 13 December 1997 (art. dated 10 December 1997)

[25] REUTERS NEWS SERVICE

[a] 1 December 1997 (art. dated 1 December 1997)

[b] 24 November 1997 (art. dated 24 November 1997)

[c] 8 December 1997 (art. dated 5 December 1997)

[d] 8 December 1997 (art. dated 4 December 1997)

[26] SITUATION OF HUMAN RIGHTS IN THE FORMER YUGOSLAVIA

United Nations Economic and Social Council

17 October 1997

[27] REUTERS NEWS SERVICE

[a] 16 July 1996

[b] 15 December 1997

[28] REUTERS NEWS SERVICE

[a] 12 March 1997 (art. dated 10 March 1997)

[b] 13 March 1997 (art. dated 11 March 1997)

[29] SITUATION OF HUMAN RIGHTS IN THE TERRITORY OF THE FORMER YUGOSLAVIA: TWO TRIALS OF KOSOVO ALBANIANS CHARGED WITH OFFENCES AGAINST THE STATE IN THE FEDERAL REPUBLIC OF YUGOSLAVIA IN 1997

United Nations Economic and Social Council

10 September 1997

[30] THE TIMES, 22 MARCH 1999

[31] REUTERS NEWS SERVICE

[a] 5 December 1997 (art. dated 1 December 1997)

[32] REUTERS NEWS SERVICE

[a] 3 October 1997 (art. dated 1 October 1997)

[b] 30 December 1997 (art. dated 30 December 1997)

[33] HUMAN RIGHTS REPORT: FEDERAL REPUBLIC OF YUGOSLAVIA: 1995

Human Rights Watch/Helsinki

[34] COUNTRY REPORT ON HUMAN RIGHTS PRACTICES FOR 1997

Bureau of Democracy, Human Rights and Labor

US Department of State

30 January 1998

[35] Tanjung News Agency, Belgrade 12 June 1998, from BBC Monitoring.

[36] Montena-fax News Agency, Podgorica, 13 June 1998, from BBC Monitoring.

[37] Tanjung News Agency, Belgrade, 21 June 1998, from BBC Monotoring.

[38] Devni Telegraf, Belgrade, 4 July 1998, from BBC Monitoring.

[39] Radio B92, Belgrade, 9 October 1998 from BBC Monitoring.

[40] Beta News Agency, Belgrade, 21 October 1998, from BBC Monitoring.

[41] Tanjung News Agency, Belgrade, 21 October 1998, from BBC Monitoring.

[42] Radio B92, Belgrade, 21 October 1998, from BBC Monitoring.

[43] Beta News Agency, Belgrade, 14 October 1998, from BBC Monitoring.

 

[44] REUTERS BUSINESS BRIEFING

(From Reuters News Service, 24 October 1998)

[45] Beta News Agency, Belgrade, 18 February 1998, from BBC Monitoring.

[46] Montena-fax News Agency, Podgorica, 2 April 1998, from BBC Monitoring.

[47] Beta News Agency, Belgrade, 20 April 1998, from BBC Monitoring.

[48] AMNESTY INTERNATIONAL "Out of the Margins : The Right to Conscientious Objection in Europe" April 1997

[49] NORDIC FACT-FINDING MISSION TO KOSOVO 19-25 October 1997 REPORT

[50] AMNESTY INTERNATIONAL DOCUMENT SERIES A#2 JUNE 1998

[51] AMNESTY INTERNATIONAL DOCUMENT SERIES A#5 JULY 1998

[52] AMNESTY INTERNATIONAL DOCUMENT SERIES B#3 AUGUST 1998

[53] KOSOVO VERIFICATION MISSION WEBSITE

[54] Radio B92, Belgrade, 24 November 1998, BBC Monitoring.

[55] Tanjung News Agency, Belgrade, 25 November 1998, from BBC Monitoring.

[56] Radio B92, Belgrade, 7 December 1998, from BBC Monitoring.

[57] Serbian Radio, Belgrade, 10 December 1998, from BBC Monitoring.

[58] THE INDEPENDENT, 14 JANUARY 1999

[59] Radio B92, Belgrade, 28 November 1998, from BBC Monitoring.

[60] Beta News Agency, Belgrade, 8 February 1999, from BBC Monitoring.

[61] La Chaine Info, Paris, 23 February 1999, from BBC Monitoring.

[62] Human Rights Watch Press Release 21 December 1998.

OTHER REFERENCES

BOOKS:

The Destruction of Yugoslavia Branka Magas

Tracking the Break-Up 1980-92

The World In Conflict War Annual 7 John Laffin

Contemporary warfare described and analyzed

Bloody Bosnia - A European Tragedy The Guardian

Channel 4 Television

The Fall of Yugoslavia Misha Glenny

The Third Balkan War

REPORTS:

US Department of State: Human Rights Practices Report - Serbia & Montenegro - 1995.

Amnesty International: Destination Unknown - Disappeared in Former Yugoslavia - October 1995.

Amnesty International: Police Violence in Kosovo Province - The Victims - September 1994

 

ANNEX C CHRONOLOGY OF EVENTS: 1980 - OCTOBER 1998

 

1980 SFRY President for Life, Marshall Tito, dies on 4 May.

 

1981 Widespread unrest in Kosovo by ethnic Albanians demanding full republican status. State of emergency declared. Ethnic Serbs begin migration from Kosovo.

 

1987 Serbs and Montenegrins protest against harassment by ethnic Albanians in Kosovo. In April violent clashes occur at rally in Kosovo Polje. Ivan Stambolic is replaced by Slobodan Miloševi_ as First Secretary of the League of Communists of Serbia (LCS) in September. Miloševi_ pledges to introduce measures to reduce migration of ethnic Serbs from Kosovo.

 

1988 Demonstrations organised by ethnic Serbs take place in support of proposed amendments to the Serbian Constitution, aimed at reducing the level of autonomy in Kosovo and Vojvodina. Separate demonstrations in Vojvodina, organised by Miloševi_ and his supporters, result in the collapse of Presidium of the League of Communists of Vojvodina who opposed Constitutional Reform. Tension increases between Kosovo and Serbian authorities. LCS forces resignation of Kosovo leadership. In November 100,000 ethnic Albanians protest against resignations. Further protests banned until late November. Montenegrin Presidency resigns as a result of continuing unrest.

 

1989 Leaders of Montenegrin republican party resign and are replaced by pro-Miloševi_ members. Serbian Republic adopts Constitutional reforms designed to limit provincial autonomy. Miloševi_ elected as President of Serbian State Presidency in May. A hunger strike by 13,000 miners protesting against Constitutional reforms ends when federal troops intervene. Ethnic Albanians clash with security forces in continuing protests, leading to deaths of approximately 25 people. Slovene Assembly votes on constitutional reforms in September, including the right to secede from Yugoslavia.

 

1990 14th Extraordinary Congress of the League of Communists of Yugoslavia collapsed as a result of the walkout by the Slovene delegation, in protest at the Serbian delegation's resistance to reform. State of Emergency, established in 1981, is lifted in April. Multiparty elections take place in Slovenia (April) and Croatia (May). Following the announcement by the Serbian leadership of further constitutional reforms in May, a new Constitution of the Republic of Serbia is adopted, ending Kosovo and Vojvodina autonomy. The Kosovo Provincial Assembly and Government are dissolved. Serb authorities arrest 100 ethnic Albanian deputies following an attempt to declare Kosovo's independence. SPS formed in July as LCS and Serbian Socialist Alliance of Working People merge.

In September a General Strike is held in Kosovo in protest following the mass dismissal of ethnic Albanian officials by the Serbian authorities. Miloševi_ is re-elected as President and the SPS wins 190 of 250 seats in the Serbian assembly elections. Croatia adopts a new Constitution, which includes the right to secede from Yugoslavia. Slovenian citizens vote in favour of secession.

 

1991 In January Macedonia declares its sovereignty and its right to secede from Yugoslavia. Further violence, as a result of army intervention during an anti-government demonstration leads to two deaths and hundreds of injuries. Armed clashes between Croats and the Serb minority continue as a result of growing support for Croatian independence. Slovenia and Croatia declare their independence from the SFRY in June. Federal (Serb-dominated) troops begin military action against Slovenia. Bosnian parliament issues memorandum on sovereignty. Bosnian Serb delegates, lead by Dr Radovan Karadzic, walk out in protest. Serbian deputies in Bosnia proclaim Assembly of Serbian Nation. Federal President, Stipe Mesic, resigns having declared that Yugoslavia no longer exists. Slovenia and Croatia recognised as independent states by Germany.

 

1992 Remainder of EU States recognise Croatian and Slovene independence. Bosnia and Herzegovina declares its independence from Yugoslav Federation. Armed clashes between Bosnian Muslims and Serbs follow declaration. Bosnian Serbs declare establishment of their own republic, effective from date of international recognition of Bosnia. Referendum on independence held in Bosnia. Majority of Muslims and Croats in favour, majority of Serbs boycott referendum. The Federal assembly of the newly-established Federal Republic of Yugoslavia (FRY), consisting of Serbia and Montenegro approves a new constitution. 20,000 people attend anti-war demonstration in Belgrade. Further anti-government demonstrations occur, led by opposition alliance, DEPOS.

Elections to a 130 seat Kosovo Assembly in May are declared illegal by Serb authorities. The Government of the self-declared Republic of Kosovo, under the leadership of President Dr Ibrahim Rugova, is prevented from sitting by Serbian security forces. State of emergency in Kosovo is revoked in August. Federal and Republican Presidential and Parliamentary elections take place in December. Both Federal President Dobrica Cosic and Serbian President Miloševi_ are re-elected. Moderate Federal Prime Minister Milan Panic is ousted in vote of no confidence.

 

1993 DEPOS begin boycott of Serbian Assembly. SPS form new government lead by Nikola Sainovic. Momir Bulatovi_ is re-elected as Montenegrin Republican President in second ballot in January. Bulatovi_'s DPMS and Miloševi_'s SPS form new Federal Government, under Federal Prime Minister Radoje Kontic. Cosic is removed from office following vote of no confidence. Anti-government demonstrations follow, leading to arrest of Montenegrin coalition government leader, Milo Djukanovic, and his wife, in June. Both are released in July. Evidence indicates that they were tortured while in detention. Pro-Miloševi_ Zoran Lili_ is appointed as Federal President. Elections to the 250 seat Serbian National Assembly in December leaves SPS without an outright majority.

 

1994 First session of new Serbian Parliament fails to elect President. SPS form coalition government with New Democracy (ND). Serbian parliament elects government headed by Prime Minister Mirko Marjanovic. Miloševi_ supports international peace plan and publicly announces decision to cut political and economic ties with Bosnian Serbs. Borba newspaper is placed under FRY government control. Nationalist parties hold demonstration in protest over Miloševi_'s support for Dayton agreement.

 

1995 FRY government passes a decree granting advantageous loan terms to Serbs and Montenegrins settling in Kosovo. In Serbia the Democratic Party, Democratic Party of Serbia and Serbian Radical Party sign an electoral cooperation agreement. Man shot dead and five wounded in Kosovo by Serb policemen. Vojislav Seslej is jailed for 20 days for causing a disturbance in Kosovo. His sentence is later increased to 60 days.

1996

April In April the death of an ethnic Albanian student in Serbia sparks massed protests in Kosovo, with reprisal attacks against Serbs leading to several deaths. Dragoslav Avramovi_ is removed from post of Governor of the National Bank of Yugoslavia and chief negotiator with IMF, following his criticism of Federal and Serbian economic policies. LDK leader Rugova announces ethnic Albanian boycott of federal parliamentary elections in November. Zajedno opposition group (comprising SRM, DP, DSP and Civic Alliance of Serbia) emerges.

October The UN Security Council officially lifts all sanctions against FRY.

Following a complaint by the SPS after the second round of Serbian municipal elections in November, SPS-dominated municipal courts annul most opposition victories. Mass demonstrations follow.

December Radio B92 and Radio Indeks are closed by Serbian Ministry of Transport and Communications on the grounds that they are broadcasting without valid licence. Both resume broadcasting, although B92 is still officially classified as illegal. Further anti-government demonstrations are banned by the Ministry of Internal Affairs after previously peaceful protests become violent. Belgrade Electoral Commission (BEC) calls on Serbia's Supreme Court to review the decision of the Belgrade Court to annul the opposition success. Serbia's Supreme Court decides that five out of the 46 Belgrade seats currently under review were justifiably annulled. Chairman of the BEC, Radomir Lazarevic, announces appeals to the FRY Court of Justice, FRY State Prosecutor and Serbian Public Prosecutor. All reject the request for a review of the Supreme Court's ruling. OSCE report upholds opposition victories, following mission to Belgrade.

 

1997

January Serbian government announces that Zajedno won 37 of Niš's 70 seats (Zajedno claims 41). EU statement endorses 27 December OSCE report and calls for acceptance of election results. Albanian SPS member shot dead in Kosovo. Belgrade Electoral Commission overturns court rulings on city assembly and confirms original results of 17 November elections: Zajedno 60; SPS/JUL/ND 23; SRS 15; DSS 2; 10 Seats remain in question. Niš Electoral Commission awards Zajedno 41 seats.

In New Belgrade and Pirot socialist municipal assemblies constitute themselves in spite of OSCE report. Court in Smederevska Palanka rules against Zajedno victory. SPS and SRS appeal to First Belgrade Municipal Court against the BEC decision. Court suspends BEC ruling and requests Serbian Supreme Court to rule on which court is responsible for ruling on election results. Serbia's Supreme Court awards Sabac to SPS, in spite of OSCE report. Police beat some Belgrade demonstrators.

Belgrade Electoral Commission rules on 10 remaining seats in city assembly: Zajedno 4; SPS/JUL/ND 4; SRS 1; one seat to be judged by courts. Serbian Supreme Court hands responsibility for SPS and SRS appeals back to First Belgrade Municipal Court. Police use force on Kragujevac demonstrators. First Belgrade Municipal Court accepts SPS and SRS appeals against BEC's decision in favour of Zajedno.

Patriarch Pavle leads Belgrade Sveti Sava march. Leader of National Movement for Liberation of Kosovo, Avin Klinaku, arrested. Zajedno sets up parallel local government in Smederevska Palanka.

March Serbian Minister of Information presents draft media law allowing State more extensive coverage than private media. DPS Main Board meeting debates DPS/SPS and Montenegro/Serbia relations. Montenegrin Prime Minister Djukanovic resigns his party posts after being outvoted.

April Second draft of Serbia's media law diminishes restrictions on private media outlets. Serbian deputy Interior Minister, General Badza Stojicic, is assassinated in Belgrade.

May "Republic of Kosovo" President Rugova postpones parliamentary and presidential elections. Main Board of Montenegrin DPS re-elects Djukanovic party vice-president. Seven Serbian opposition parties, including DS and GSS but not SPO, agree six conditions which must be met if they are to run in Serbian elections. One is that candidates must not be nominated in contravention of the Constitution.

June Trial of 15 alleged members of the Kosovo Liberation Army begins in Priština. SPS nominates Serbian President Miloševi_ to run for FRY Presidency. 12 Serbian opposition parties sign the 29 May pact on electoral reforms. Mandate for FRY President Lili_ expires. Extraordinary session of Serbian Parliament discusses draft local government law. Serbian government ousts the SDA authorities of Novi Pazar municipality and installs new non-elected authorities.

July At the DPS Main Board meeting, Montenegrin President Bulatovi_ and his supporters walk out. Those remaining vote to replace Bulatovi_ as party chairman. FRY parliament strips SDA MP Ugljanin of his parliamentary immunity. Miloševi_ appointed as FRY President. Serbian Parliament passes electoral law raising number of electoral units from 9 to 29. Miloševi_ formally assumes FRY Presidency. Serbian Parliamentary and Presidential elections announced for 21 September. DPS/SPS talks in Podgorica led by DPS chairman (expelled by Main Board) Bulatovi_ and SPS chairman Lili_. Bank account of Serbia's "Nasa Borba" newspaper frozen when authorities say it owes back taxes.

August In Montenegro President Bulatovi_'s faction of the DPS elects its own Main Board, Executive Board and 3 party Vice Presidents.

September Attacks on 12 Kosovo police stations: KLA claims responsibility. Parliamentary and presidential elections in Serbia. Presidentials go to second round. In Parliamentaries the Left Coalition wins 110 seats, SRS wins 82, and SPO wins 45 from a total of 250 seats. Mayor of Belgrade Zoran Djindjic is voted out of office on a motion tabled by SPO.

October Kosovo student demonstrations broken up by police using tear gas, water cannon and truncheons. Police use batons to break up Belgrade demonstration protesting Djindjic's removal from office. Šešelj polls highest in second round of Serbian Presidential elections, but does not win because turnout is announced as less than 50%. First round of Montenegrin Presidential elections take place. Albanian attack on Kosovo police station leaves one Albanian dead. Gypsy boy is beaten to death in Belgrade. Djukanovic wins second round of Montenegrin Presidential election by 5,500 votes. Bulatovi_ supporters begin demonstrations in Podgorica to protest Djukanovic victory.

JUL deputy chief Zoran Todorovic (Kundak) shot dead in Belgrade. Trial begins of 19 Albanians charged with KLA membership and terrorism. Albanian student demonstration passes off peacefully in Priština.

November FRY Telecommunications Ministry bans new Sandzak station, Radio Sjenica, on the grounds that it lacks proper licence. An Albanian SPS deputy in the FRY Assembly is shot and wounded. The KLA claims responsibility. 2 Killed, others wounded, during 2 nights of armed clashes including Kosovar Albanian attack on Serb police station.

Montenegrin Parliament adopts proposal allowing new parliamentary elections between mid April and end of May 1998. Albanian SPS member ambushed and killed in Kosovo.

December Adem Demaci sends PKK appeal to KLA to call three-month ceasefire to give a chance to negotiated settlement. Rugova announces parallel elections for 22 March 1998.

 

1998

January Sweden and FRY sign agreement of repatriation of Kosovo Albanians - about 1,800 under extradition orders. Serb forces destroy a house in Prekaz injuring two women and then killed a man in Klina. Serb local councillor Desimir Vasic shot dead on Kilina-Serbica road; police recover body after coming under heavy fire from KLA. Demaci turns down PPK nomination for both Kosovo presidential candidacy and chairmanship of Democratic Forum of Kosovo. Assaults by Serb civilians on Albanians reported in Kosovo Polje and Lipljan.

February From the end of February 1998 an extreme increase in police and military actions occured in areas where the KLA is reported to have a strong presence. This has resulted in hundreds of killings, many of which Amnesty International believe to have been extrajudicial executions and the consequence of excessive use of force. On the evening of 28 February/1 March Serbian police killed 26 ethnic Albanians in the villages of Likošane and _irez. Four police officers also died. The police used helicopters and armoured vehicles as well as machine guns and rocket-propelled grenades. [50]

March Special police forces carried out another operation on 5 and 6 March around the village of Donji Prekaz, some 10 km from Likošane. At least 56 ethnic Albanians were killed. The main target had been the home of Adem Jashari, suspected by the authorities of involvement in the attack of 28 February on a police patrol. The operation appears to have been carried out as a military operation by forces under apparent orders to eliminate the suspects and their families. There was no attempt to arrest armed suspects. [50]

General synopsis

Police break up mass demonstration by Albanians in Pristina over killings in Drenica. Rugova declares national day of mourning for victims of violence in Drenica; tens of thousands attend their funerals, KLA vow to avenge the dead. ICRC temporarily withdraw staff from Kosovo. Serbian government invite Albanian leaders, including minority parties, to talks. Several hundred thousand reported to have protested in towns around Kosovo against Drenica police action. Four thousand Kosovars seek refuge in eastern Montenegro. Agreement on implementation of 1996 Education Agreement signed, 30,000 Serbs protest against this in Pristina. Rugova declared re-elected President of Kosovo with 99% of the votes. UN Security Council passes resolution imposing arms embargo on FRY. Serbian government declares security situation returning to normal and invites Albanians to renewed talks in April.

April There were also a significant number of human rights abuses commited by the KLA. Three Serbian men, returning to their home in Dubrava on 18 April were beaten by uniformed men and taken to to KLA headquarters in Glodjane where they were further beaten during interrogation before being released the next day. [50]

General synopsis

Miloševi_ asks Serbian President, Speaker and Prime Minister to hold referendum on foreign mediation in Kosovo. Albanian schools in Srbica closed for safety reasons. Serbian government offers talks with ethnic groups on Kosovo statute. Serbian forces reported to have opened heavy weapons and machine-gun fire on several villages in Drenica. Three members of Rugova's G15 advisers (Agani,Bakalli and Surroi) hold talks in Tirana with Albanian President Meidani, PM Nano and Kosovan parallel PM Bukoshi. Albanians boycott latest round of talks held by Serbian government delegation in Pristina. KLA warns journalists not to visit Drenica area. Rugova offers to hold talks with Belgrade on neutral territory and with international mediation. FRY closes border with Albania and Macedonia, troops reinforce Border Guard battalions. Serbian referendum on foreign mediation in Kosovo crisis; 94.73% vote against in 73.05 turnout. Border incident near Kosare crossing in Junik mountains sees 19-26 Albanians reported killed. Artillery reported used by Serb forces against five Albanian villages in Decani area. LDK calls for international pressure on Belgrade to cease military operations. Serb forces fire on five villages in Drenica. Two villages near Lausa come under fire from the police. Serbian Deputy PM Ratko Markovic, head of government negotiating team, offers Rugova new talks on 28 April; offer rejected. KLA General Staff issues "Political Declaration No. 2". Twelfth meeting of Serbian government/minorities dialogue; again boycotted by "official" Albanians. Serbian forces shell three villages east of Klina and Babaloc villages near Decani. There were several large-scale, peaceful, protests by Albanians in Pristina and elsewhere during April.

May On 25 May, following an incident where a civilian car containing police passengers came under fire near the village of Ljubeni_, police returned to the village in force and attacked it. Many villagers had already fled to nearby woods. At least eight unarmed men were extrajudicially executed. The village has lain deserted since a further attack on it on 29 May. [51]

A large operation was mounted by police in and around the settlement of Novi Poklek on 31 May. Police patrols,following heavy bombardment, began house to house searches and gathered the inhabitants in a house where the men were seperated from the women and children. Eight of the men remain unaccounted for. [51]

General synopsis

The dismissal of Federal PM Radoje Kontic and his replacement by former Montenegrin President Momitr Bulatovi_ plunged FRY into it's worst constitutional crisis since the break up of the former Yugoslavia. Up to 20,000 Albanians demonstrate in Pristina - largest demonstration for some time - chants of "UCK" heard. G8 countries, minus Russia but plus Canada, activate investment ban and assets freeze against Serbia/Fry - halted 6 days later following Contact Group meeting in Birmingham, England. First meeting of FRY/Serbian-Kosovar Albanian working group set up by Miloševi_ and Rugova. KLA halts train on Kosovo Polje-Pec line west of Glogovac and kidnaps Serb police officer. Some 60 Kosovar refugees cross border into northern Albania.

June Continued fighting in Decani, Pec and Djakovica. Serbian Interior Ministry later announces successful completion of operation to clear these areas of terrorists. Serbian forces continue to shell villages in Decani; also Drenica village. Albanian side postpones planned second dialogue with FRY/Serbian side. Police station destroyed in Ratkovac. Parallel government introduces special tax for "the independence of Kosovo". Morina, Popovac and Smolica attacked by army; KLA return fire. Canada announces similar measures to EU against Serbia. Japan bans new investment in FRY, and a freeze of FRY and Serbian funds in Japan. Parallel government meets Kosovar party representatives in Tirana; Bukoshi says government will appoint officials in war areas to organise self-defence. KLA take control of Belacevac coal mine. Miroslav Solevic, Kosovo Serb leader, says Serbs have set up Serbian Defence Guards (SOS) to protect themselves. New LDK relaunched as the Albanian Democratic Movement, with Rexhap Qosja as leader and Hidajet Hyseni as deputy leader. Seven Albanians chargedin Pec with terrorist activity. There were many instances of Serbian forces shelling villages in the border areas during June.

 

July The KLA attempted to seize the town of Orahovac, 60km southwest of Priština, on 17 July by launching several simultaneous attacks on the police station and government offices. Sustained exchanges between Serbian troops and KLA fighters continued during 18-20 July, and the KLA was largely expelled by 20 July. All fighting had ceased by 21 July. Most of the town's 15,000 inhabitants had fled, although humanitarian aid workers found a number of people - many of them women and children - sheltering in basements without food or fresh water. The number of those killed at Orahovac has not been determined although many civilians appear to have been targeted extrajudicially by the Serbian police. [52]

General synopsis

Police retake control of Ade and Dobro Seol villages near Belacevac coal mine; three Albanian villagers killed and two wounded in Ade. Authorities close down Radio Kontakt in Pristina. Serbian forces end blockade of Kijevo. Three police killed, nine wounded and three Albanians killed, thirteen wounded during clashes at Lodja and Brezanik. Village of Batusha torched following heavy fighting there. Parallel parliament meets in Kosovo but is quickly broken up by police. Army ambushes 700-strong KLA group entering Kosovo from Albania near Padeshi - many Albanians killed or wounded. At least 19 Albanians killed or wounded attempting to cross into Albania near Padesh. Failed assassination attempt on Enver Malokou, head of Kosovo Information Centre, in Pristina. SDP leader Luljeta Pula-Beqiri suspends party activity in protest at lack of unity among Kosovar parties. Parallel parliament issues declaration effectively endorsing KLA struggle. Kosovo border zone extended to 5km. Security forces regain Pristina - Pec road. They also launch operation near Lapusnik and other parts of west-central Kosovo; strong KLA resistance in Suva Reka- Stimlje area. Security forces regain control of Malisevo. Mehmet Hajrizi of ADM named PM-designate in new Kosovo parallel government. A clash near Lipljan leaves three police wounded, with eight KLA fighters killed and several captured.

August Security forces launch broad new offensive in Drenica. Three Kosovars imprisoned for thirteen years, one for eight years, after being convicted in Nis of terrorist activities. Continued Serbian offensive around Decani and Djakovica. KLA names six political rpresentatives and authorises Adem Demaci to act as chief political representative. Security forces and KLA agree two day ceasefire in Pec to allow aid agencies to to help displaced persons. Police state Kosovo under control; all roads passable. Security forces fire 17 mortar shells into Albania at Padesh border post. Two Serb Radio Pristina journalists believed kidnapped by KLA. August saw many incidences of Serbian aggression against a large number of villages. As of 31 August 1998 the Montenegrin Ministry of Interior and the Montenegrin Red Cross reported that 36,000 Internally Displaced Persons (IDPs) had entered the country from Kosovo.

September This month saw further heavy security force activity in villages suspected of KLA activity. Police declare Pristina - Prizren road safe for traffic. Montenegrin government announces that it cannot accept any more refugees from Kosovo and sends 3,000 to Albania. Security forces disperse up to 50,000 displaced persons gathered around Istinic, north of Decani, back to their home areas. KLA detain 13 LDK and other politicians in Cirez, Drenica - they are released three days later. Adam Demaci temporarily withdraws from political life for health reasons. PGOK "Defence Minister" Ahmet Krasniqi assassinated in Tirana. FARK (PGOK) armed organisation reported to have merged with KLA. UN Security Council passes Resolution 1199, demanding ceasefire in Kosovo and beginning of real dialogue. North Atlantic Council (NAC) agrees force generation (ACTWARN) for air options in Kosovo crisis. Sabri Hamiti, senior LDK official and advisor to Rugova, badly wounded by gunshot in Pristina. Serbian PM Marjanovic announces end of anti-terrorist actions; Serbian parliament approves 10-day amnesty for people to hand in weapons, also creation of provisional government for Kosovo.

 

 

October Ceasefire effective from 13 October, brokered by US special envoy Richard Holbrooke and President Miloševi_, with the aim of securing permanent monitoring and development of events in Kosovo. NAC agrees next stage of force generation (ACTREQ) for air options in Kosovo crisis. Serbian Deputy PM Ratko Markovic asks Kosovar side to resume talks on political situation. Albanian Democratic Movement. Parliamentary Party of Kosova, Albanian Liberal Party and Party of Albanian National Unity set up United Democratic Movement. KLA command declares ceasefire on 8th. NAC approves ACTORD for air action against FRY. Albanians claim Serbian forces broke ceasefire by firing on village of Abria from Likoc.

November Talks beginning on 25th result in the "Pristina Declaration".

December Six Serbian schoolboys killed in a cafe on 14th. 30 ethnic Albanians killed, 12 more wounded, attempting to cross illegally into Yugoslavia from Albania with large quantities of arms, also on 14th. Fighting around Pudujevo, north of Kosovo, on 22nd - 27th leaves 9 ethnic Albanians dead.

1999

January Eight Yugoslav army conscripts kidnapped by KLA on 9th, released on 13th in return for ethnic Albanians held by Serbs. 45 ethnic Albanians killed during a security operation in Racak on 15th; approximately 2000 people displaced from Racak itself and a further 3300-3500 from surrounding villages. 24 ethnic Albanians killed in Rugovo by Serbian police on 29th.

February Peace talks begin in Rambouillet on 6th, target date for agreement is 20th. Lack of agreement by then leads to further talks date of 15 March. A bomb in Pristina kills 3 people on 6th. UK to send 2000 troops to Greece and Macedonia to join a possible NATO force in Kosovo. Bomb explodes in Urosevac on 13th, forty arrests made. Fighting around the village of Vucitrn, 16 miles n/w of Pristina, caused approximately 9000 people to flee to neighbouring villages. Sylejman Selimi appointed commander-in- chief of the KLA.

March Peace talks reconvene in Paris on 15th, ethnic Albanians sign peace accord on 18th. Talks suspended on 19th, due to Serb intransigence. KVM depart Kosovo on 20th. Violence reaches Pristina on 22nd, Holbrooke announces on 23rd that last ditch talks with Miloševi_ had failed to produce an agreement.

 

 

 

 

 

 

 

 

 

 

ANNEX D PROMINENT PEOPLE

Agani, Fehmi Vice President of LDK

Anjelkovic, Milan Miloševi_ aide during his rise to power.

Azemi, Huamedin Ethnic Albanian Miloševi_' placemen in Kosovo party.

Babic, Milan Leader of the Krajina Serb rebellion in Croatia.

Bajramovic, Sejdo Appointed Kosovo's representative on the Yugoslav Presidency in 1991 - unswervingly loyal to Miloševi_.

Baker, James US Secretary of State (1991).

Bogdanovic, Radmilo Interior Minister of Serbia. Ousted after demonstrations on 9 March 1991. Remained one of Miloševi_'s closest confidants.

Bokan, Dragoslav Ultranationalist politician. Serb paramilitary leader.

Boutros-Ghali, Boutros UN Secretary General.

Broz, Josip (TITO) Founder of Communist Yugoslavia. Ruled from 1945 until his death in 1980.

Budimorovic, Bosko Kosovo Serb activist.

Bulatovi_, Kosta Kosovo Serb activist.

Bulatovi_, Momir Youngest Montenegro Party Chief, later elected President of Montenegro.

Carrington, Lord Peter First EC peace envoy (1991-92)

Christopher, Warren US Secretary of State from 1992

Churkin, Vitaly Russia's special envoy to former Yugoslavia (1993-94).

Ckrebic, Dusan Serb Communist functionary. Staged mock resignation ordered by Miloševi_ in 1988.

Cook, Robin British Foreign Secretary and joint chairman of the Rambouillet/Paris peace talks.

Cosic, Dobrica Influential Serbian nationalist writer seen as spiritual father of Serbs. President of FRY from 1992-93.

Demaci, Adem Leader of the Parliamentary Party of Kosovo.

Dole, Bob Republican US Senate Leader.

Draškovi_, Vuk Charismatic Serbian opposition leader, from nationalist to liberal.

Hill, Christopher US Ambassador to Albania, and leading negotiator.

Holbrooke, Richard US Special Envoy.

Izetbegovic, Alija Founding leader of the Muslim Party of Democratic Action (SDA). Elected President of the Presidency of Bosnia-Herzegovina after multi-party elections in 1990. Presided over Bosnia's declaration of independence and war.

Karadzic, Radovan Bosnian Serb leader from 1990. Split with Miloševi_ in 1994. Psychiatrist. Investigated by International Tribunal in The Hague for war crimes 1995.

Kavaja, Burhan Ethnic Albanian Head of Trepca mine, imprisoned after miners' strike of 1989.

Kertes, Mihalj One of the leaders of the "Yogurt" revolution. Miloševi_'s reliable ally in secret police - instrumental in arming Serbs in Croatia.

Lili_, Zoran President of FRY (from 1993). Took instructions from Miloševi_.

Markovi_, Mirjana Slobodan Miloševi_'s wife. Powerful and influential figure. Belgrade university professor.

Miloševi_, Slobodan President of Serbia - singled out by the international community as most responsible for Yugoslavia's violent disintegration.

Mladic, Ratko General. Commander of Bosnian Serb Army from 1992. Previously Commander of Knin Corps.

Morina, Rahman Miloševi_'s token Albanian - Kosovo Party Chief and previously police chief.

Owen, Lord David EC mediator, co-chairman of the Peace Conference on former Yugoslavia.

Panic, Milan Belgrade-born, Californian millionaire. FRY Prime Minister in 1992.

Rugova, Ibrahim Leader of Kosovo ethnic Albanians.

Šešelj, Vojislav Ultranationalist MP who commanded paramilitary unit during the war. Miloševi_ named him his favourite politician and helped him create his party. Later jailed him.

Solevic, Miroslv Kosovo Serb activist.

Stambolic, Ivan Communist politician. Helped Miloševi_ rise to power only to face betrayal. Ousted by Miloševi_ in 1987.

Sylejman, Selimi Commander in chief of the KLA, appointed February 1999.

Tudjman, Franjo Founding leader of the Croatian Democratic Union (HDZ) and first president of independent Croatia.

Vance, Cyrus UN envoy and co-chairman of the Peace Conference on former Yugoslavia.

Védrine, Hubert French foreign minister and joint chairman of the Rambouillet/Paris peace talks.

Vllasi, Azem Ethnic Albanian Kosovo Party leader. Jailed in 1989 after Miloševi_ pledged to arrest him at mass rally. Released in April 1990.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX E ABBREVIATIONS

CESID Centre for Free Elections and Democracy

CSCE Conference on Security and Cooperation in Europe

DAK Democratic Alliance of Kosovo

EC European Community

EU European Union

FRY Federal Republic of Yugoslavia

HDZ Croatian Democratic Union

HVO Croat Council of Defence

IMF International Monetary Fund

JNA Yugoslav Peoples' Army

JUL Yugoslav United Left Party

KPP Parliamentary Party of Kosovo

KVM Kosovo Verification Mission

GO Non-Governmental Organisations

OSCE Organisation for Security and Cooperation in Europe

SDS Serbian Democratic Party

SFRJ Socialist Federal Republic of Yugoslavia

SKJ League of Communists of Yugoslavia

SPO Serbian Renewal Movement

SPS Socialist Party of Serbia

UN United Nations

UNHCR United Nations High Commissioner for Refugees

UNPROFOR United Nations Protection Force