YUGOSLAVIA
431. The Committee considered the third periodic report of Yugoslavia
(CCPK/C/52/Ada.9) at its 1144th to 1147th meetings, on 8 and 9 April 1992
(CCPR/C/SE.1144-1147). (For the composition of the delegation, see
annex VIII.)
432. The report was introduced by the representative of the State party, who
referred to important changes bearing on human rights that had occurred since
the consideration of the second periodic report. In that connection, he said
that fundamental changes had been made to the constitutional and legal systems
of the Yugoslav Federation conducive to the introduction of a multiparty
political system and a market economy and to the full implementation of
international human rights standards.
433. The authorities of the Republics of Slovenia and Croatia had violated the
constitutional provisions relating to the federal structure of the State and
the modalities for amending the Constitution through their unilateral
decisions to proclaim independence and secede from Yugoslavia. Both the
Constitutional Court of Yugoslavia and the Government had declared those acts
illegal and unlawful and their consequences invalid, while reaffirming the
right of each nation to self-determination provided that it was not contrary
to the principles of democracy. Those acts of secession ignored two
particularly sensitive questions: the rights of other peoples to selfdetermination, which were threatened by such acts, and the status of the
borders of the republics concerned. The population of Yugoslavia was indeed
multinational in composition and the secession of certain republics could
cause members of the same constituent nation, currently citizens of, a single
State, to become citizens of different States.
434. The adoption of unconstitutional acts by secessionist republics and the
upsurge of nationalism throughout Yugoslavia had led to outbreaks of national
and religious hatred and armed conflicts. The armed conflict in Slovenia,
caused by the forcible takeover by the Slovenian authorities of Yugoslav
border posts and customs services, and the war in Croatia, provoked by the
persecution of Serbs, had demonstrated that the use of force and recourse to
unconstitutional acts led only to severe human losses and damage to property,
while widening the gap between the different peoples and increasing their
mutual distrust. Furthermore, the withdrawal of Slovenian, Croatian and
Macedonian representatives had led to the paralysis of the federal legislative
bodies, preventing the adoption of constitutional amendments and of other
provisions that required the approval of all republics. The Republics of
Montenegro and Serbia had been trying to redefine a new federation of
Yugoslavia, open to all other Yugoslav peoples and republics wishing to accede
to it. Alongside the Conference on Yugoslavia, preparations were under way to
hold new federal elections and adopt a new constitution.
435. Although the rights of national minorities had been adversely affected by
the deterioration of the situation in the country, none of the extensive
rights provided to minorities under the 1974 Constitution had been reduced.
In violation of the Constitutions of Yugoslavia and the Republic of Serbia,
ethnic Albanians had declared the so-called Republic of Kosovo. Consequently,
the Assembly of the Socialist Autonomous Province of Kosovo had been suspended
and other measures adopted to protect the territorial integrity and
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