SECURITY COUNCIL STRONGLY DEMANDS CROATIAN GOVERNMENT IMMEDIATELY LIFT ANY TIME LIMIT ON RETURN OF REFUGEES TO RECLAIM PROPERTY
Press Release
SC/6152
SECURITY COUNCIL STRONGLY DEMANDS CROATIAN GOVERNMENT IMMEDIATELY LIFT ANY TIME LIMIT ON RETURN OF REFUGEES TO RECLAIM PROPERTY
19951222 Presidential Statement Expresses Grave Concern that Previous Call Was IgnoredThe Security Council this afternoon strongly demanded that the Government of Croatia lift immediately any time limits placed on the return of refugees to reclaim their property in Croatia.
Expressing grave concern that the Government had ignored its previous call to lift any time limits, the Council, in a statement read out on its behalf by Council President Sergey Lavrov (Russian Federation), said the requirement that owners must reclaim their property by 27 December constituted an insurmountable obstacle for most Serb refugees.
The meeting, which was called to order at 12:54 p.m., was adjourned at 12:56 p.m.
The full text of the Presidential statement, which will be issued as document S/PRST/1995/63, reads as follows:
The Security Council takes note of the report of the Secretary-General (S/1995/1051) of 21 December 1995, which it has just received.
The Security Council, as a matter of urgency, expresses its grave concern that, according to information in that report, the Government of the Republic of Croatia has ignored the call of the Council in the statement of its President of 3 October 1995 (S/PRST/1995/49) that it lift any time limits placed on the return of refugees to reclaim their property. The requirement that owners must reclaim their property by 27 December 1995 constitutes a virtually insurmountable obstacle for most Serb refugees.
The Security Council strongly demands that the Government of the Republic of Croatia lift immediately any time limits placed on the return of refugees to reclaim their property.
The Council shall continue its consideration of the report of the Secretary-General.
Security Council - 2 - Press Release SC/6152 3615th Meeting (PM) 22 December 1995
Report on Human Rights Situation in Croatia
Prior to this morning's Presidential statement, Council members had considered a report on the human rights situation in Croatia (document S/1995/1051).
According to the report, human rights violations in former Sectors North and South continue to be reported, albeit on a reduced scale. A number of individuals have reportedly tried to file complaints against Croatian civilians and security personnel. However, police officials appear unresponsive and in many cases have taken no action. In some cases they blamed "rogue elements" that the military and the police were allegedly unable to control. Many of those committing violations were wearing Croatian military uniforms. Military and police authorities claim that they lacked adequate resources to stop the abuses.
Also of concern, the report states, are new legal provisions, such as the law concerning the return and reclamation of property. The recent law on "the temporary takeover and administration of specific property" allows the Croatian authorities to assume control over "abandoned property" which may then be provided to Croatian displaced persons and refugees for "temporary usage". This law requires that the legitimate owner return to Croatia in order to reclaim property by 27 December. The owner must file a personal claim and commit to resettling in Croatia and personally using the property. Moreover, the property will not be restored until the Croatian citizen to whom it has been allocated receives another "appropriate property for possession and usage".
(On 3 October, the Council, in a Presidential statement, called on the Government to lift the time limits placed on the return of refugees to claim their property (document S/PRST/1995/49).
The report was issued pursuant to a Council request to the Secretary- General to continue to inform it on a regular basis of how the Government of Croatia was implementing resolutions 1009 (1995) and (1019). Those resolutions demanded that the Croatian Government cease immediately all military actions, fully respect the rights of the local Serb population, allow access to the population by humanitarian organizations and create conditions conducive to the return of those persons who have left their homes.
The right of Krajina Serbs to remain in their homes has not been adequately safeguarded, the reports states. Those who have remained have faced extensive harassment and intimidation; looters and armed thieves have robbed them of both their property and sense of security. There is an absence of constructive measures to facilitate their return. Some Serbs who are in principle entitled to Croatian citizenship and/or have Croatian documents, have been reportedly turned back at the border.
Security Council - 3 - Press Release SC/6152 3615th Meeting (PM) 22 December 1995
The report goes on to say that the humanitarian situation of the Serb population who have remained in the former Sectors, composed mainly of elderly and disabled people living in small villages, has received inadequate attention, at times with fatal consequences. They are in desperate need of food, medical assistance and proper shelter. The question of adequate medical care is a particularly serious issue. It is feared that many more may die during the winter.
Failure to respect the right to a fair trial of those Serbs who have been arrested on grounds of having committed "war crimes" or "armed rebellion" also gives rise to concern, according to the report. Inadequate access to legal counsel, vagueness of changes, trials in absentia and an excessive delay in formulating indictments appear to be the main source of problems. Furthermore, the rights of the minority population in Croatia are being restricted by changes in the Constitution. It is necessary to ensure that the rights of the Serb minority are adequately safeguarded in the legal and constitutional framework of Croatia.
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