ERIC ED425808: Rights of the Child in the Federal Republic of Yugoslavia.

32 Pages·0.48 MB·English

by  ERIC

DOCUMENT RESUME
PS 027 033
ED 425 808
Lacroix, Anne-Laurence
AUTHOR
Rights of the Child in the Federal Republic of Yugoslavia.
TITLE
World Organisation Against Torture (OMCT), Geneva
INSTITUTION
(Switzerland).
1996-01-00
PUB DATE
31p.; Report presented to the Committee on the Rights of the
NOTE
Child (11th Session, Geneva, Switzerland,, January 8-26,
1996); for other reports in the Rights of the Child series,
see PS 027 031-038. Support provided by the Hans Wilsdorf
Foundation, the Fondation de France, and the city of
Lausanne.
Evaluative (142)
Reports
PUB TYPE
MF01/PCO2 Plus Postage.
EDRS PRICE
Child Abuse; Child Advocacy; *Child Welfare; Childhood
DESCRIPTORS
Needs; Children; *Childrens Rights; Civil Rights
Legislation; Compliance (Legal); Ethnic Discrimination;
Foreign Countries; Government Role; Law Enforcement; Safety;
Victims of Crime; Well Being
Child Safety; Torture; Torture Victims; *United Nations
IDENTIFIERS
Convention on Rights of the Child; Victimization;
*Yugoslavia
ABSTRACT
This report to the United Nations Committee on the Rights of
the Child contains observations of the World Organisation Against Torture
(OMCT) concerning the application of the U.N. Convention on the Rights of the
Child_by the Federal Republic of Yugoslavia. The report's introduction points
out that although OMCT welcomes Yugoslavia's efforts in keeping with the
Convention, issues of concern remain, particularly the scarcity of
information concerning the multiethnic nature of the Republic, and the
inclusion of Serbia and Montenegro but not Kosovo and Voivodina. The report
then presents observations and recommendations in the following areas:
(1)
(2) protection against ill-treatment; and (3) children in
non-discrimination;
conflict with the law. The report's conclusion includes an assertion that
OMCT feels grave concern for the situation of children in Yugoslavia in
general and particularly for those belonging to a minority coming under a
policy of discrimination. The report concludes with a summary of observations
and recommendations by the U.N. Committee on the Rights of the Child: Federal
Republic of Yugoslavia (Serbia and Montenegro) in the following areas:
factors and difficulties impeding the implementation of the convention,
principal subjects of concern, and suggestions and recommendations.
(EV)
********************************************************************************
Reproductions supplied by EDRS are the best that can be made
from the original document.
********************************************************************************
U.S. DEPARTMENT OF EDUCATION
Office of Educational Research and enprovernent
EDUCATIONAL RESOURCES INFORMATION
_,E'
CENTER (ERIC)
ire
This document has been reproduced as
ceived from the person or organization
originating it.
O Minor changes have been made to
improve reproduction quality.
o Points of view or opinions stated in this
document do not necessarily represent
official OERI position or policy.
..Z.,,-, 7.7
,
V.
'
,,1 .
;:,,.'
0
-----'j
'
k<
,
,,,,v(,,,,
-k
, ,
t,
,y,. ,,
.a..--,i.
'
v
-,...s.,,''7 .7--
-,-
,,,-,
--;
;
.t-t -,:.
Wr;',)
',"".r.
a
c'''..;),r,-.<' '
,.,?,.'`.c;tr.7.4,
..;.; '
/(
"'t,--.1,
, ,' i
7,"
,i...'..s...:.---,e
? -,-....-'1
-?""---"--
/r
',.-'
1_,..,,cr.e-z-_-..Ltei:
.:
.5"
.
.; ....,,.:....-,i),,
4
'
;'-
""'
.`
-
7/Ala:11,
411 11
71
1
PERMISSION TO REPRODUCE AND
DISSEMINATE THIS MATERIAL HAS
w-1111/
BEEN GRANTED BY
So-tV9,5
-
ts:
TO THE EDUCATIONAL RESOURCES
INFORMATION CENTER (ERIC)
1
Rights of the Child
federal Republic
in the
Yugoslavia
of
3
COMMITTEE ON THE RIGHTS Of THE CHILD
0
Gneva, 8 26 January 1996
llth Session
,
r-,
'
,
,::,,
r'\:,
..-,.?1
,
pi,
applic'acion of
Remarks by OA'11/SOS-To'rfurel.concerning the
the Righfs of the Child
the Convention
on
by the federal Republic of Yugoslavia
Researched and written by Anne-Laurence LACROIX
Director of publication: Eric SOTTAS
Legal.Adviser: Fernando Mejia
4
BEST COPY AVAILABLE
As this counter report was due
to be presented at the,9th session of the
Committee of the Rights of the Child
(22 May - 9 June 1995), when the report
of the Federal RepUblic of Yugoslavia was
originally scheduled, ihe data mentioned
in it must be taken in the conditional
5
6
I. General remarks
4., While OMCT/SOS-Torture can but
The Federal Republic of Yugoslavia
welcome the integration into the domes-
(hereafter FRY) is a State Party to the
tic legal system of the country of the
Convention on the Rights of the Child on
Convention on the Rights of the Child
the basis - according to the terms of the
which was signed by the Federal Socialist
government as stated in § 3 of the report
Republic of Yugoslavia on January 26th
of "the continued
(CRC/C/8/Add. 16)
1990 and ratified in December 1990, the
legal personality of Yugoslavia and the
wonders,
Secretariat
International
voluntary association of the Republics of
nevertheless, what is implied by what the
Serbia and Montenegro".
government of the FRY calls "the volun-
tary association of the Republics of
The World Organisation Against
Serbia and Montenegro".
Torture (0MCT/SOS-Torture) welcomes
The "voluntary association" of the
the fact that (1) a certain number of rights
Republic of Serbia raises the problem of
stated in the Convention on the Rights of
the "association" of the provinces of
the Child are guaranteed in accordance
Kosovo and Voivodina Kosovo, with 90%
with the spirit of the Convention and even
of its population - or over 2 million people
beyond the categories contained therein
enjoyed by virtue of the
- being Albanians
(CRC/C/8 Add. 16, § 39) and (2) that the
Constitution of 1974 a status of autonomy
Constitution of the FRY and the constitu-
and a number of specific rights such as
tions of the member republics also pro-
seats in Parliament, participation in
claim other rights not expressly stated in
various institutions, respect of its culture
the Convention (CRC/C/8/Add. 16, § 40).
(schools, universities, libraries, scientific
However, the International Secretariat
and cultural institutions). Since the abro-
particularly regrets the scarcity of infor-
gation of this status following the Serb
the multiethnical
concerning
mation
occupation on 5th July 1990, the human
nature of the FRY which is insufficient for
rights situation has suffered a conside-
throwing light on the real situation of chil-
rable deterioration. A similar deteriora-
dren belonging to communities against
tion has been observed in Voivodina
which a policy of discrimination is applied.
7
6
nearly 19%
which
consists
of
OMCT/SOS-Torture is also greatly
of
concerned at the contradictions contained
Hungarians, 5,4% of Croatians and 3,4%
in the report submitted by the FRY.
of Slovaks and has also been deprived of
Moreover, this report deals only briefly
its status of autonomy in July 1990 as well
with the main objectives incumbent upon
as the Sandjak, a region both Serbian
the government and some of the major
and Montenegrin, with more than 50%
violations referring to the rights of the
Muslims.
child.
II. Non-discrimination
*In § 37 of its report the government of
Article 2 of the said convention, "to any
the FRY states that "civi/ freedoms and
child under its jurisdiction, regardless of
rights, established by the Constitution of
any consideration of race, colour, sex,
the Federal Republic of Yugoslavia and
language, religion, political or other
the constitutions of the member republics,
opinion of the child or its parents or its
are universal in nature and also apply to
legal representatives, or their national,
children" and cites specifically the right
)".
ethnic or social origin (
.
to life, the right to education, the right to
But the Human Rights Commission, at its
enjoy one's culture, to practice one's
51st session recalled, in connection with
religion and use one's language, the right
the
item
of
agenda
(E/CN.
12
to assistance before a tribunal and other
4/19951L.99, (g) (h), p. 2), "The serious
appropriate forms of assistance, the right
and massive occurrence of discrimina-
to human dignity and to private life.
tory and repressive practices aimed at
Kosovo Albanians as a whole, resulting
,Having ratified the Convention
on the
in widespread involuntary emigration";
Rights of the Child the government of the
and "The attempts at changing the eth-
FRY has thus undertaken to respect the
nic structure of Kosovo, through a policy
rights therein contained and to guarantee
of encouraging an influx of Serbs and
them, in accordance with Para. 1 of
Montenegrins, as well as through the
7
8
whereas article 60 of the Convention of
harassment of ethnic Albanians from
the FRY (CRC/C/8/Add. 16, § 14) adop-
Kosovo wishing to return to their home-
ted in 1992 guarantees that children are
land".
entitled to medical care financed out of
public funds.
For slightly over four years the Serbian
authorities of the FRY persist in their
This dramatic situation of the social
policy of systematic discrimination against
and health sectors is also to be found in
the whole of the Albanians of Kosovo
the educational system since more than
including children who are the most
350,000 Albanian pupils and students are
vulnerable sector of the population
in
no longer able to attend courses in what
flagrant violation of the most elementary
used to be their schools, even though that
basic laws and freedoms; having adopted
same article 62 of the Constitution
32 laws and 470 programmes of a discri-
minatory nature aimed at what it
(CRCIC/8/Add. 16, § 14) provides that
is
teaching is available to all on equal terms.
appropriate to call the "Serbian coloni-
According to information, for over four
sation" of Kosovo. The consequences of
years now Albanian pupils have been
these laws and programmes have turned
denied access to 21 primary schools (three
out to be dramatic. According to some
data 127,000 Mbanians have already
in Peja and Obi liq, two in Fushe Kosovo,
Istog, Ferizaj, Lipjan, Prishtina and one
been dismissed and replaced by more
at Kacanik, Dragash, Prizren, Gjilari and
than 35,000 Serbs and Montenegrins.
Podujevd) and 61 secondary schools.
In addition the "Mother Theresa" asso-
7 colleges and 13 faculties of the Prishtina
ciation has assisted, in February 1995,
University have been closed, teachers and
26,778 families consisting on average of
professors clismissed. Thus, a decision by
6,52 members, the assisted being mainly
the Serbian Parliament, published in the
children under 14 (35%).
dated
Journal
no.
60/94
Official
September 29th 1994, has legalised the
- mainly of
:8: These massive dismissals
decision of the Assembly (imposed by the
doctors and research workers have also
resulted in the loss by every Albanian
Serbs) of the Gilogovc commune concer-
ning the temporary prohibition of using
child of all social and health protection,
8
9
the two secondary school buildings, na-
religious discrimination, in particular
mely the former Marshall Tito school and
against the Muslims of Sandjak although
the Technical Secondary School, the rea-
in § 86 of its report the Government of the
son Oven being "that these schools do not
FRY claims that "under the Constitution of
follow the school programme of the
the Federal Republic of Yugoslavia inci-
Serbian Republic and that the courses
tement of racial, national and religious in-
are given illegally."
equality is unconstitutional." However,
numerous reports testify to the general ha-
10: In § 298 of its report the Government
rassment of Muslims, including children,
of the FRY states that "the programme is
during arbitrary searches by police looking
taught in the mother tongue, and in a
for arms.
multinational environments lessons are
taught in the languages of the national
12: In the face of such discrimination,
minorities ( ...)".
which is an infringement of the most ele-
However, various sources indicate that
mentary basic freedoms, OMCTISOS-
the policy applied by the FRY authorities
Torture considers it essential that the
in matters of education
signifies
Government of the FRY ensures full res-
the progressive exclusion of teaching in a
pect of the rights of ethnic, linguistic and
language other than Serbian. In his tenth
reliOous minorities in accordance with the
periodical report on the human rights
obligations inctmibent upon it by virtue of
situation in the ex-Yugoslavia, the Special
the
corresponding
articles
of
the
Rapporteur, M. Tadeusz Mazowiecki,
Convention on the rights of the child.
points out that according to certain
information (E/CN. c/1995157, p. 21) "the
use of Bulgarian as a language of school ins-
truction has been abolished at all levels of
education, even in areas with a high concen-
tration of ethnic Bulgarian residents".
11: Apart from ethnical and linguistic dis-
crimination the FRY is also experiencing
9
10
III. Protection against ill-treatment
figures could be below the actual numbers
0. By virtue of clause a) of article 37 of
since many persons are reluctant to
the Convention on the Rights of the Child,
States Parties have to ensure that "No
report such cases for fear of reprisals.
child is subjected to torture or cruel,
Up until 18th June 1995,
inhuman or degrading punishment or
treatment". This right is guaranteed by
Serbian soldiers barracked at the com-
pound located in the village of Hani i
arficle 25 of the Federal Constitution of the
FRY and by the constitutions of the fede-
Elezit had allowed local residents to
rated republics (CRC/C/8/Add. 16, § 94).
enter the compound to retrieve animals
which often strayed onto the property.
(1:4. OMCT/SOS-Torture welcomes the
At around 19:40 hours, a Serbian soldier
fact that minors cannot be sentenced to
killed Isa Muhamet Berisha (aged 10)
death
96).
16,
(CRC/C/8/Add.
§
from Hani i Elezit who had entered the
However, information from various
compound to retrieve his goat. On 19th
sources confirms the increase in violence
Isa
soldiers told
Serbian
June,
and abuse on the part of the Serbian
Muharnet Berisha's family that his body
police and army, in particular against
could be retrieved from the Prishtina
Albanian children from Kosovo. The
Hospital morgue.
children are alleged to be the victims of :
On October 5th 1994 on the
i. assassinations, tortures and various
Vitomirice-Peje road a Serbian policeman
cruel, inhuman or degrading forms of
"drew" with a knife a cross on the chest
treatments: from 1990 to October 1994,
of Fidaim Mazreku (aged 18) of Guric,
18 children aged between 6 and 18 have
(Malisheve). On 27th July 1994 Fidan
been killed and 52 more wounded.
Brestovci (aged 6) was killed by a police-
January
and
26th
1st
Between
man called Boban Krstic. Although he
February 1995 at least 27 children have
was found guilty he is still free and has
violence.
police
severe
suffered
even been promoted.
According to the same informations these
11
10