constitutional order of the Republic of Serbia. £he implementation of those
measures had resulted in abuses and those found guilty had been brought to
justice. The unsatisfactory situation in Kosovo could be resolved only if two
conditions were fulfilled, namely, the holding of democratic and multiparty
parliamentary elections in that province and the recognition of the
sovereignty and integrity of the Republic of Serbia as the State in which
ethnic Albanians lived. In accordance with existing international
instruments, the Government believed that national minorities did not have the
right to self-determination and secession and strongly opposed the
establishment of a new Albanian State.
Constitutional and leaal framework within which the Covenant is implemented,
state of emergency and self-determination
436. With regard to those issues, members of the Committee wished to receive
further information on the effect of the current crisis on the constitutional
order in Yugoslavia and on the discharge of Yugoslavia's international
obligations to respect and ensure to all individuals subject to its
jurisdiction the rights recognized in the Covenant; the status of the
amendments to the federal Constitution adopted since November 1988;
developments regarding the adoption of new constitutions for the so-called
"federal units"; developments relating to the observance of article 1 of the
Covenant, in particular in view of the statement in the report that the
adoption of amendments establishing federal units as sovereign States had
implied that mutual relations in Yugoslavia had to proceed along new lines and
had changed its internationally recognized status; and on the new legal system
that had come into being as a result of such redistribution of power.
Clarification was also requested of the rights that had actually been
derogated from during the recent events; in particular, it was asked why
Yugoslavia had not declared a state of emergency; why the notification
procedure laid down in article 4, paragraph 3, of the Covenant had not been
followed; what safeguards and remedies were available to individuals affected
by the recent military operations claiming violations of the rights referred
to in article 4, paragraph 2, of the Covenant; and what had been the impact of
the state of emergency in Kosovo on the exercise of the rights guaranteed
under the Covenant, in particular with regard to safeguards and remedies
available to individuals. Members further inquired whether the Government
intended to ratify the First Optional Protocol to the Covenant, which it had
signed on 14 March 1990.
437, In addition, it was noted that, while the Covenant applied to the entire
territory of Yugoslavia, the federal Government could protect civil and
political rights only in Serbia and Montenegro. The Government was, however,
to be considered responsible for the actions of its troops wherever they
operated. Furthermore, information was requested concerning the events that
had led to the Government resorting to force and to the war-type situation
characterized by sieges and violence against civilians; the Government's view
on the de jure and de facto scope of the application of the Covenant under the
current rapidly evolving situation in the country; the status of the Covenant
in the republics that had chosen to leave the Federation and establish
independent States; and the new draft Constitution which was being drawn up to
govern those republics that wished to remain in the Federation. Clarification
was also requested of a statement in the report which seemed to ascribe the
worsening human rights situation to political pluralism.
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