exercised under the present circumstances on freedom of the press and the mass
media, including possible censorship; on measures adopted to eliminate the
possibility of repression and discrimination based on ethnic, religious or
political affiliation, which reportedly were permitted in the legal system of
certain republics; on the situation of ethnic, religious and linguistic
minorities in the various republics; and on measures taken to promote the
enjoyment of minority rights under article 27 of the Covenant.
449. In addition, further information was requested on the procedures to be
followed by a national who wished to leave the country and on the conditions
for obtaining a passport. Concern was expressed over the situation of the
civilian population in areas of conflict, particularly women, children and the
elderly, and the situation of thousands of persons who had been obliged to
abandon their homes and were prevented from returning. In that regard, it was
asked whether measures were contemplated by the Government to facilitate the
return of people who had sought temporary refuge elsewhere in the country or
abroad, and to find solutions in cases where homes had been taken from their
rightful owners. Further information was also sought on complaints brought by
the Union of Independent Trade Unions of Kosovo to the ILO Committee of
Experts on the Application of Conventions and Recommendations. Those
complaints concerned the alleged refusal by the federal Government in
February 1991 to register Kosovo unions or to admit those unions to the
collective bargaining process, as well as the unfair dismissal of union
members on the grounds that they resorted to industrial action and refused to
join Serbian trade unions.
450. Furthermore, information was requested on the closure of Albanianlanguage schools and the university, the banning of the Albanian-language
newspapers and Albanian radio and television stations and on other measures
adopted against Albanian cultural institutions. Clarification was also
requested of measures taken to secure participation of members of the Albanian
minority in the public affairs of Kosovo. Members also wished to know what
measures were being taken to reduce tension between religious communities;
whether the proportion of minorities conscripted into the Serbian army was
higher than their percentage in the general population; what restrictions, if
any, were envisaged in the draft law on education in the Republic of Serbia
with regard to the teaching of minority languages, particularly Albanian and
Hungarian; and what the situation was of the Hungarian minority in the
Autonomous Province of Vojvodina.
451. In his reply, the representative of the State party said that the new
provisions in the constitutions of the republics placed no restrictions on
freedom of movement, freedom of religion or freedom of assembly and
association and were fully compatible with international standards. A
passport could be refused only because of obligations regarding families or
the courts or on grounds of national security. For obvious reasons, however,
the movement of persons had been restricted during the armed conflict in areas
of direct hostilities and further obstacles had been created by the new
international frontiers between the republics. All displaced persons had the
right to return to their homes and, in the territory of Krajina in Croatia,
United Hations peace-keeping troops would provide a guarantee of safe return,
452. The right to privacy was guaranteed in almost all the new constitutions
of the republics. Articles 18 to 21 of the Constitution of the Republic of
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