438, Lastly, clarification was requested of the statement in the report that
the issue of the exercise of the right to self-determination and to secession
concerned all the nations within the Socialist Federal Republic of Yugoslavia
and that that right could not be regulated unilaterally by the assemblies of
the federal units. In that regard, it was asked whether the Constitution
actually permitted the republics to assert their right to self-determination.
Further information was also requested on efforts undertaken by the autonomous
provinces of Kosovo and Vojvodina to exercise the right to self-determination
and on the envisaged status of those autonomous provinces under the new
Constitution, it was also asked how the measures taken against Albanians in
Kosovo during the state of emergency, such as the dismissal of teachers and
lawyers and the closure of Albanian schools, could be reconciled with the
provisions of article 4, paragraph 1, of the Covenant.
439, In his reply, the representative of the State party emphasized that the
Yugoslav Government was no longer in control of the whole territory of the
country. Since under the Constitution and international law, peoples and
nations had a right to self-determination, including the right of secession,
the Government was in the process of drafting rules for secession that would
lay down the mutual rights and obligations of the republics and central
Government. With regard to the specific situation in certain republics, he
explained that in June 1991 the Republic of Slovenia had tried violently and
unilaterally to secede by taking over frontiers and customs posts. Yugoslav
troops had been withdrawn from Slovenia by a presidential decision that was
later deemed unconstitutional by the Constitutional Court. The crisis in
Croatia had been precipitated by the attempt of Croatian authorities to adopt
a new constitution without the consent of the Republic's Serbian population.
Acts of discrimination against Serbs had escalated into attacks by the
Croatian army and paramilitary groups against Serbian villages. Yugoslav army
units had then been ordered to intervene between the two conflicting sides and
they had, in turn, been attacked by the Croatian military, which had proceeded
to commit atrocities verging on genocide. The question of Bosnia and
Herzegovina was critical since the Republic was made up of Muslims, Croats and
Serbs, all with conflicting wishes.
440, Although the Government did not recognize the secession of the breakaway
republics, it was endeavouring to cooperate with them in finding a solution to
problems of day-to-day existence, which included human rights issues. Given
that the secessionist republics had stated that they intended to be bound by
international law, there should not be any difficulty in ensuring the
continued application of the Covenant in territories outside the de facto
control of the federal Government. The most obvious area of difficulty was,
however, that of minority rights.
441, Some of the amendments to the 1988 Constitution had been accepted by all
the constituent republics. Fifty amendments had, however, not been adopted,
and since there were no representatives of Croatia, Slovenia, Macedonia or
Bosnia and Herzegovina in the current national Parliament, they could not now
be expected to be adopted. A new draft constitution had recently been
prepared and would be open for ratification by all republics wishing to remain
in the Yugoslav Federation. The Government had submitted to Parliament a
proposal to ratify the First Optional Protocol and to make the declaration
provided for in article 41 of the Covenant.
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