Government had been able to cooperate with the Committee and to submit a
report, albeit late, in response to the decision adopted by the Committee on
4 November 1991. However, the report aid not cover the whole period since
30 May 1983, the date of submission of the second periodic report, and did not
deal fully enough with the problems encountered by the State party in applying
the provisions of the Covenant in practice. The dialogue between the
Committee and the representatives of the State party had, to a certain extent,
provided additional information on the obstacles to the effective application
o£ the Covenant and highlighted certain efforts being made to improve the
legal and regulatory framework within which the Covenant was being applied.
In that regard, it was noted that a commission had been set up to inquire into
allegations of genocide and violation of human rights during the armed
conflict.
457. Members regretted that the present crisis prevented the Committee from
supervising the application of the Covenant throughout the territory of the
State party. With reference to article 1 of the Covenant, they regretted that
no procedure had been established under domestic law for implementation of the
right to secede recognized in the federal Constitution, which would have
enabled the crisis to be settled peacefully. Concern was also expressed about
the excessive steps taken under the state of emergency proclaimed in the
province of Kosovo to limit the rights and freedoms guaranteed by the
Covenant.
458. Members expressed their gravest concern with regard to the atrocities
committed during the interethnic conflicts and the many violations of human
rights protected by the Covenant, especially those referred to in article 4,
paragraph 2, of the Covenant. The many reported cases of summary or arbitrary
execution, forced or involuntary disappearances, torture, rape and pillage
perpetrated by members of the federal army were particularly regretted.
Noting that paramilitary groups and the militia had also been guilty of
similar abuses, members also expressed regret at the extremely low number of
inquiries into these allegations, the failure to take measures to punish those
guilty and prevent any recurrence of such acts, which had left those
responsible to enjoy effective impunity. Concern was also expressed over
conditions in detention centres; the alarming situation of the civilian
population, particularly women, children and the elderly, in areas of
conflict; the situation of displaced persons; the extent of the restrictions
and limitations placed on the exercise of freedom of movement, the right to
privacy, freedom of religion, expression, assembly and association and the
right to take part in the conduct of public affairs; the deterioration in the
situation of ethnic, religious and linguistic minorities, particularly those
of Albanian and Hungarian origin; and the situation of population groups which
had become de facto minorities as a result of recent interethnic conflicts.
459. The representative of the State party assured the Committee that its
comments would be duly conveyed to his Government, which intended to abide by
all provisions of the Covenant and to investigate the excesses of all military
units. The Government did not deny the right of the nations of Yugoslavia to
self-determination and would not oppose its lawful exercise.
460. In concluding the consideration of the third periodic report of
Yugoslavia, the Chairman thanked the delegation for having engaged, in a
dialogue with the Committee. There was still some doubt as to whether the
-110-