Serbia And Montenegro (Formerly Federal Republic Of Yugoslavia)
Key developments since May 2003:Serbia and Montenegroacceded to the Mine Ban Treaty on 18 September 2003 and became a State Party
on 1 March 2004. Serbia and Montenegroreported that the treaty became
an integral part of domestic legislation upon accession. Changes to the penal
code have been made in Montenegro and are underway in Serbia. In 2003, a total
of 1,460,000 square meters of land was cleared of mines and UXO, according to
the Mine Action Center. Clearance operations were completed on the Prevlaka
peninsula in 2003. Responsibility for the Mine Action Center was passed to the
Serbian government’s General Secretariat in September 2003. The
International Trust Fund in Slovenia allocated $2,375,200 for mine action in
Serbia and Montenegro (excluding Kosovo) in 2003. Negotiations are underway
with NATO to carry out stockpile destruction. Incidents involving antipersonnel
mines continued to be reported in southern Serbia during 2003, but it is unclear
if these incidents represent new use of mines by irregular anti-Serbian
forces.
Key developments since 1999:Serbia and Montenegro became a
State Party to the Mine Ban Treaty on 1 March 2004. In the conflict in Kosovo
in 1999, Yugoslav forces reportedly laid at least 620 minefields and an
estimated 50,000 mines; the KLA also used mines. Following the change of
regime, the Federal Republic of Yugoslavia announced its intention to accede to
the Mine Ban Treaty, and on 20 June 2003, the Parliament passed legislation to
accede. The delay was due in part to the constitutional restructuring of the
country from the Federal Republic of Yugoslavia into the new state of Serbia and
Montenegro. The Mine Action Center for Serbia and Montenegro, formed in March
2002, has estimated that 39 million square meters of Serbia and Montenegro may
be contaminated by mines, cluster submunitions and UXO. In January 2003, the
Ministry of Defense disclosed that Serbia and Montenegro holds a stockpile of
just over 1.3 million antipersonnel mines; Yugoslav military authorities also
claimed that no antipersonnel mines have been produced, imported or exported
since 1992. Since 2000, there have been mine incidents each year in southern
Serbia, but it has been unclear if these represent new use by irregular
anti-Serb forces.
Mine Ban Policy
Serbia and Montenegro deposited its instrument of accession with the UN on 18
September 2003 and became a State Party on 1 March 2004.
During the Ottawa Process which led to the Mine Ban Treaty, the Federal
Republic of Yugoslavia (FRY) attended preparatory meetings as an observer, but
stated in 1998 that it was not prepared to join. The use of mines played an
important role in Yugoslav military doctrine. The country’s attitude to
humanitarian and disarmament treaties was also influenced by international
criticism of Serb repression in the province of Kosovo, which led to conflict
with NATO forces in 1999, during which Yugoslav forces used mines
extensively.[1] The climate of
opinion became more favorable with a new government elected in October 2000,
followed by widespread constitutional changes. In January 2000, the Ministry of
Foreign Affairs made a more positive statement on the mine
issue.[2] In April 2001, the
decision to join the treaty was announced. Legislation was delayed by
constitutional restructuring of the Federal Republic of Yugoslavia as the new
state of Serbia and Montenegro. On 20 June 2003, accession legislation was
passed by Parliament.[3]
In February 2004, Serbia and Montenegro stated, “Upon completion of the
ratification procedure, the Convention became an integral part of our domestic
legislation.” But while “the State union of Serbia and Montenegro
is the subject of international law...the normative and legislative authority...
rest with its member
States.”[4]
On May 25, 2004, the Helsinki Committee for Human Rights wrote to the Serbian
and Montenegrin justice ministers to ask them whether they had drafted
amendments to the law that would incorporate criminal acts concerning the ban on
the use, stockpiling, production and transfer of antipersonnel mines. The
Serbian Deputy Justice Minister, Branislav Bjelica, responded, “[U]nderway
is the drawing up of a working version of the Penal Code of the Republic of
Serbia in which we will take into account all the obligations assumed through
the signed
conventions.”[5] The
Montenegrin Justice Minister replied that since April 2004, “Montenegro
has been implementing a new Penal Code which has been harmonized with
international agreements and standards.” It includes punishments of one
to five years of prison for production, transfer, or stockpiling of banned
weapons.[6]
Serbia and Montenegro submitted a formal declaration with its instrument of
accession stating that “it is the understanding of Serbia and Montenegro
that the mere participation in the planning or conduct of operations, exercises
or any other military activities by the armed forces of Serbia and Montenegro,
or by any of its nationals, if carried out in conjunction with armed forces of
the non-State Parties (to the Convention), which engage in activities prohibited
under the Convention, does not in any way imply an assistance, encouragement or
inducement as referred to in subparagraph 1 (c) of the Convention.”
Serbia and Montenegro attended the Fifth Meeting of States Parties in
September 2003, where its delegation presented plans for destruction of the
stockpile of 1.3 million antipersonnel mines and appealed for financial
assistance.[7] Previously, it
attended the annual meetings of States Parties in 2001 and 2002 as an observer.
Serbia and Montenegro attended the intersessional Standing Committee meetings
in February and June 2004. In February, it made presentations on legislation,
stockpile destruction and victim assistance (see later sections). Its
delegation remarked that all countries in South East Europe had become States
Parties to the Mine Ban Treaty, which contributed to peace and stability in the
region and represented a radical change in a “region that was better known
by animosities and
conflicts.”[8]
The Federal Republic of Yugoslavia started to participate in the
intersessional meetings in January 2002. In May 2002, it started attending
meetings of the Reay Group on Mine Action (part of the Stability Pact for South
Eastern Europe). It attended the Reay Group workshop in February 2004, which
reviewed progress of States in the region towards meeting their treaty
obligations.
In January 2004, the Ministry of Foreign Affairs stated that it and the
Ministry of Defense were preparing Serbia and Montenegro’s initial Article
7 report for adoption by the Council of Ministers. This would then be submitted
to the UN by 28 August 2004, as required by the
treaty.[9] However, as of 24
September 2004, this report had not been received by the UN.
On 8 December 2003, Serbia and Montenegro voted in favor of UN General
Assembly Resolution 58/53, which calls for universalization and implementation
of the Mine Ban Treaty. It has voted for similar General Assembly resolutions
since 2001.
The Federal Republic of Yugoslavia was a State Party to the Convention on
Conventional Weapons and its 1980 Protocol II, but not Amended Protocol II. The
Ministry of Foreign Affairs stated in January 2004 that the procedure for
ratifying the protocol had been
initiated.[10] Serbia and
Montenegro attended as an observer the Fifth Annual Conference of States Parties
to Amended Protocol II in November 2003, and has attended annual conferences of
States Parties in previous years.
Production and Transfer
In January 2003, the Ministry of Defense claimed that mines had not been
produced in Serbia and Montenegro since 1992, nor exported to other countries
since 1990.[11]
The former Socialist Federal Republic of Yugoslavia was one of the largest
manufacturers of antipersonnel mines, producing at least ten types; it also
produced multiple mine-layers. There were production facilities in Bugojno,
Vogosca, and Gorazde in Bosnia and Herzegovina, and Krusevac. A total of over
330,000 antipersonnel mines from the former Yugoslavia have been declared in the
stockpiles of Mine Ban Treaty States Parties Algeria, Bangladesh, Malaysia,
Mauritania, Namibia, Perú, Suriname, Thailand, Tunisia, Uganda, and
Venezuela. It has been suggested that mines were exported to Republika Srpska
during the 1992–1995 conflict in Bosnia and
Herzegovina.[12]
Military interest in developing “smart mines” and a remote mining
system were noted in last year’s Landmine Monitor Report 2003. In
January 2004, the Ministry of Defense stated that no research was being carried
out on “smart mines," and work on the remote mine-laying project had
ceased.[13]
Stockpiling and Destruction
In January 2003, Serbia and Montenegro voluntarily revealed that it held a
stockpile of 1,320,620 antipersonnel mines. The treaty deadline for stockpile
destruction is 1 March 2008. At the Fifth Meeting of States Parties, the
stockpile was reported to consist of seven types of antipersonnel mine, as shown
in the table.
Serbia and Montenegro stockpile of antipersonnel
mines[14]
Type
Quantity
PMA-1, 1A
287,804
PMA-2
145,185
PMA-3
258,631
PMR-2
74,072
PMR-2A
465,089
PMR-3
3,528
PROM-1
52,547
Incomplete, damaged, fuzeless
33,764
Total
1,320,620
In March 2003, however, the Ministry of Defense stated that Serbia and
Montenegro also held one other type – the MRUD directional fragmentation
mine. Unless modified, this type of mine can be both victim-activated, which is
prohibited by the Mine Ban Treaty, or command-detonated, which is not
prohibited.[15] In June 2004,
at the Standing Committee meetings, a member of the Ministry of Defense informed
Landmine Monitor that the MRUD mines are capable only of
command-detonation.[16] The
same month, in response to a letter from the Helsinki Committee, the Defense
Ministry’s chief of cabinet wrote back stating, “Like other
countries with anti-personnel mines in their possession, the SCG has reported
that it possesses mines with a guided effect, which do not fall under the
Convention. Mines with a fragmentation guided effect (MRUD) are not activated by
the victim, but rather by a remote command, so that the structure of these mines
has not changed since they were introduced into our Army’s armament, i.e.
there is no need to ‘adjust’ them to the types of mines that are not
banned.”[17]
In February 2004, the Ministry of Defense stated that its antipersonnel mine
stockpile could be destroyed by the four-year deadline set by the Mine Ban
Treaty, but detailed planning had not started, and was dependent on financial
donations by the international
community.[18] At the Fifth
Meeting of States Parties and at Standing Committee meetings in February 2004, a
Ministry of Defense representative reported that the estimated duration of the
stockpile destruction program was two to three years, with a cost of $2 million.
It would take place at the Technical Repair Facility in Kragujevac, with about
55 personnel involved. Serbia and Montenegro could provide logistical and
practical requirements. The stockpile is stored at 23
locations.[19]
The plan to destroy an initial quantity of 91,470 antipersonnel mines as
proof of commitment to the Mine Ban Treaty, announced at the Standing Committee
meetings in February 2003, was not carried out due to lack of
funding.[20]
Feasibility studies for destruction of the antipersonnel mine stockpile were
carried out by the NATO Maintenance and Supply Agency (NAMSA) in September 2003
and January–April
2004.[21] In June 2004, Serbia
and Montenegro informed the Standing Committee meetings that an agreement was in
negotiation for NAMSA to carry out destruction of the
stockpile.[22] Canada reported
that it donated C$33,594 (US$24,456) in 2003 for stockpile destruction to be
carried out in Serbia and Montenegro by
NAMSA.[23]
Use
Incidents involving landmines continued to be reported in southern Serbia
during 2003. As before, it is unclear if all or any of these incidents
represent new use or result from earlier deployment by irregular anti-Serbian
forces.[24] A total of 40
antipersonnel mines and six antivehicle mines were discovered and destroyed by
government forces during 2003, in the southern municipalities of Presevo,
Bujanovac and Medvedja. Six hidden weapon caches were also discovered,
including four Chinese antipersonnel
mines.[25]
In other cases, mines were not detected and caused casualties. On 23
February 2003, a police officer was killed and two others injured by an
antivehicle mine and on 19 April, a soldier was badly injured by an
antipersonnel mine, in Bujanovac
municipality.[26]
During 2002, there were 19 incidents involving 17 antipersonnel mines and
five antivehicle mines. Ten secret depots containing 108 antipersonnel mines
and 14 antivehicle mineswere
discovered.[27] In 2001, there
were 34 incidents involving 109 antipersonnel mines and explosive devices, and
six secret depots were discovered containing 152 antipersonnel and 38
antivehicle mines.[28] Between
June 1999 and February 2001, 18 incidents were reported, involving 30
antivehicle mines.[29]
In the conflict in Kosovo in 1999, Yugoslav forces reportedly laid at least
620 minefields and an estimated 50,000 mines, with the great majority
concentrated in the south near the Albanian and Macedonian borders. The Kosovo
Liberation Army also used mines in the
conflict.[30] (See separate
entry for Kosovo in Landmine Monitor Report 2004).
Landmine/UXO Problem
The Mine Action Center for Serbia and Montenegro estimated that 39 million
square meters of Serbia and Montenegro may be contaminated by mines and UXO.
Mines account for 10 million square meters of the
contamination.[31] The mine/UXO
problemhas several origins, and is diverse.
The most mine-contaminated area, arising from the 1992–1995 conflicts
during the break-up of the former Socialist Federal Republic of Yugoslavia, is
on the tri-border with Croatia, and Bosnia and Herzegovina, in the vicinity of
Jamena village up to the Belgrade-Zagreb highway. It is estimated that there
are about 5,700 antipersonnel and 3,400 antivehicle mines in an area of 6.5
million square meters.[32]
The Prevlaka peninusula was also heavily mined in the early 1990s, and became
a demilitarized zone under the control of a UN mission. The disputed border
between Montenegro and Croatia runs through the peninsula.
The NATO campaign in March–June 1999 resulted in widespread
contamination of Serbia by cluster submunitions and other UXO. In 2004, the
Mine Action Center reported 15 locations with unexploded cluster submunitions
totaling 2.5 million square meters, and unexploded aerial bombs and projectiles
in other locations including the river
Danube.[33] During and
following the Kosovo conflict, parts of southern Serbia were mined by Albanian
insurgents in attacks on Serb security forces. The population displacements
caused by these conflicts increased the risk of casualties caused by mines. In
1999, the Kosovo conflict prompted 230,000 non-Albanians to move from Kosovo
into Serbia. In 2000, Albanian insurgency prompted 15,000 inhabitants of Serbia
to move into Kosovo. An Albanian insurgency in neighboring Former Yugoslav
Republic of Macedonia in 2001 prompted another influx into southern
Serbia.[34]
Mine Action Coordination and Planning
At State union level, there is no national mine action body and no national
mine action plan. For Serbia, the Mine Action Center has mine action
coordination and planning responsibilities. In Montenegro, the Regional
Underwater Mine Sweeping Center is
responsible.[35]
The Mine Action Center was formed on 7 March 2002 as part of the Federal
Ministry of Foreign Affairs.[36]
Responsibility for the Mine Action Center was passed to the Serbian
government’s General Secretariat in September 2003. The Mine Action
Center’s responsibilities include proposing legislation pertaining to
demining, collecting data on mined and suspected areas, developing demining
projects, and obtaining
funding.[37] Mine clearance
carried out by the army is not within the Center’s responsibility, and it
keeps no records of Army clearance
operations.[38]
In 2003–2004, the Mine Action Center organized training to
international standards of 15 personnel in the use of modern metal detectors.
In 2002, training was carried out in demining and explosive ordnance disposal
(EOD), monitoring and final inspection, general and technical survey, management
and databases.[39]
The Mine Action Center’s plan to start victim assistance activities in
2003 was prevented by lack of personnel. In 2004, it planned to establish a
database on mine victims, which “will play a key role in planning aid
projects for mine victims and their families.” The Information Management
System for Mine Action (IMSMA) will be used. Training of personnel in the use
of IMSMA started in 2003.[40]
In southern Serbia, a joint Army and Ministry of the Interior Coordinating
Body is responsible for dealing with mines and UXO, and has formed a group of
demining experts.
Mine/UXO Clearance
In 2003, a total of 1,460,000 square meters was cleared of mines and UXO,
according to the Mine Action
Center.[41] This is
considerably less than the 3.5 million square meters it reported cleared in
2002. The International Trust Fund for Demining and Mine Victims Assistance
(ITF) reported that it funded clearance of a higher total of 1,564,320 square
meters in Serbia and Montenegro during 2003. This included battle area
clearance of Nis airport by the Bosnian NGO STOP Mines (two phases totaling
832,000 square meters with 91 items of UXO removed), demining in two locations
on the Prevlaka peninsula (247,000 square meters cleared with 90 mines found),
and demining in the tri-border area (485,320 square meters with 1,518 mines and
365 UXO found).[42] The ITF
planned to fund a third phase of clearance at Nis during 2004, using locally
trained personnel supervised by STOP
Mines.[43]
In southern Serbia during 2003, military and police units found and destroyed
276 mines, 41 items of UXO and four improvised explosive
devices.[44]
On the Prevlaka peninsula, clearance operations were completed successfully
in 2003, with final inspection by military teams from both Serbia and Montenegro
and Croatia. A small area remained to be cleared on the Croatian side of the
border.[45] The Montenegrin
Ministry of Internal Affairs reported that clearance on the Prevlaka border was
carried out by the Bosnian NGOs Pro Vita and APM-Bihac, with Pro Vita clearing
135,000 square meters (destroying 62 antipersonnel mines, 12 antivehicle mines
and one UXO), and APM-Bihac clearing 106,000 square meters (destroying 16
antipersonnel mines and four
UXO).[46] The combined total of
241,000 square meters cleared is less than the 247,000 reported by the ITF.
The Mine Action Center reports that planned clearance of aerial bombs and
projectiles in Belgrade and other locations including Lake Palic, and clearance
of cluster submunitions from Mount Kopaonik, were not carried out in 2003 as
planned due to lack of
funding.[47]
There is an incomplete picture of mine/UXO clearance in previous years. In
2002, the Mine Action Center reported that 3.5 million square meters were
cleared, excluding military and police operations. In southern Serbia from May
2001 to December 2002, the Army and Ministry of the Interior cleared 6,654 mines
and 223,058 items of UXO, and carried out some demining in the tri-border area.
During 2001, the Army and Ministry of the Interior located 3,847 items of
UXO.[48]
Mine Risk Education
Mine risk education (MRE) is not identified as one of the Mine Action
Center’s responsibilities. Information has been provided only on MRE
activities carried out in southern Serbia by UNICEF and the International
Committee of the Red Cross (ICRC), and to a lesser extent by military and police
forces.
In 2003, UNICEF organized mine risk education workshops attended by 800
schoolchildren and 150 adults in Medvedja municipality. The ICRC carried out
MRE in Bujanovac and Presevo municipalities in 2001 through March 2004, by means
of presentations, theater performances, radio spots, distribution of posters,
leaflets and booklets, assisted by local Red Cross Societies and the local
authorities.
The ICRC started mine risk education activities in southern Serbia in 2000,
in cooperation with local Red Cross societies, using a network of community
volunteers.[49] In
2002–2003, the ICRC noted that there were relatively few mine incidents,
suggesting a low level of risk. To determine whether its activities should
continue, it assessed how effective the MRE program had been. On 15–18
September 2003, 217 interviews were carried out in 20 villages with people in
three age categories (children, adolescents, adults). The results showed
“a high level of knowledge and awareness of the people of this region of
the dangers from the mines and other unexploded devices left after the war, and
that their behavior has become safer.” All three age categories knew the
location of dangerous areas, and what action to take upon noticing a dangerous
object. The ICRC concluded that its involvement could be handed over to local
bodies, provided that detection and clearance of the dangerous areas
continued.[50]
Historically, awareness of the danger of mines and UXO was an important
element of Yugoslav military doctrine, in the context of the population’s
general preparedness in the event of attack. However, formal mine risk
education programs appear to be confined to southern Serbia, where the easing of
tensions in May 2001 in relation to neighboring Kosovo allowed MRE activities to
be initiated. Mine risk education is the responsibility of the joint
Coordinating Body, in cooperation with the ICRC and others. In 2001–2002,
local and state-run media carried out mine risk education programs, and there
were billboards and leaflets. This community-level program included activities
directed to children in particular, conducted in both Serbian and Albanian. In
2002, the ICRC trained volunteer mine risk educators from mine-affected
communities. Other organizations carrying our mine risk education in southern
Serbia in previous years include Médecins sans Frontières.[51]
Mine Action Funding
In 2003, the ITF allocated $2,375,200 for mine action in Serbia and
Montenegro, excluding the UN-administered province of Kosovo. This included
$2,137,300 for demining and battle area clearance of Nis airport, the Prevlaka
peninsula, and the tri-border area, and $237,900 to support the Mine Action
Center, and to supply equipment and
training.[52] This represented
9.5 percent of ITF funding and was a substantial increase over 2002 ($299,044 or
1 percent of ITF funding). ITF support for mine action in Serbia and Montenegro
started in 2001, with funding of $31,052 (0.1 percent of ITF funds).
Canada reported that it donated C$33,594 (US$24,456) in 2003 for stockpile
destruction.[53]
The funds expended on mine/UXO clearance by government forces have not been
reported. In 2002, the EC and Danube Commission funded survey and clearance in
the river Danube, and Serbia’s Road Directorate funded survey of the river
Sava.
Landmine/UXO Casualties
In 2003, one Serbian policeman was killed and two others injured when their
vehicle hit an antivehicle mine in Bujanovac municipality on 23 February, and on
19 April a military deminer was injured by an antipersonnel mine during mine
clearance activities. No civilian mine/UXO casualties were reported in
2003.[54]
In January 2003, two deminers from Serbia and Montenegro were injured during
a mine clearance operation in
Lebanon.[55]
Incidents continue to be reported in 2004. No physical injuries were
reported but a trailer was destroyed after a farmer drove his tractor over an
antivehicle mine in the village of
Borovac.[56]
There is no comprehensive data on mine casualties in Serbia and Montenegro.
Data for the period 1992 to 2000 indicates that 1,360 mine/UXO casualties were
recorded, of whom 24 people were killed and 1,336 injured. The majority of mine
survivors are displaced persons from the conflict in Kosovo or refugees from
earlier hostilities in Bosnia and Herzegovina. Reported casualties increased
after June 1999 as a result of the conflict in southern Serbia, particularly in
the municipalities of Bujanovac, Presevo and Medvedja. According to the
Ministry of Internal Affairs of the Republic of Serbia, from 10 June 1999 to 31
December 2002, 82 mine/UXO casualties were reported, including 20 people killed
and 62 injured; 49 were civilians of whom at least 22 were
children.[57] Other sources,
including the ICRC, indicate that between 1999 and 2002, 100 mine/UXO casualties
were reported: 14 in 1999, 48 in 2000, 33 in 2001, and five in 2002. At least
43 mine/UXO casualties, including 33 survivors, were
civilians.[58]
All the reported casualties occurred in southern Serbia. It is not known if
there were casualties in other mine/UXO-contaminated parts of Serbia and
Montenegro.
Survivor Assistance
In the past, Serbia and Montenegro was reported as having well-developed
surgical and rehabilitation services for mine survivors, as well as
reintegration programs.[59]
However, the lack of resources as a result of the conflict, the disintegration
of the former Socialist Federal Republic of Yugoslavia and sanctions have all
affected the quality of healthcare services. There is an urgent need to reform
and improve services by activities including the training of medical staff, the
supply of equipment, medical supplies and treatment aids, and through expert and
technical assistance.[60] In
2002, the European Agency for Reconstruction funded the supply of new equipment
for surgical centers in the Republic of Serbia. The International Rescue
Committee is also working with the Ministry of Health to improve health services
in southern Serbia.The ICRC health program in southern Serbia includes
improving access, upgrading of facilities, provision of equipment and supplies,
and training for medical staff from primary health
clinics.[61] In 2001, the ICRC
donated emergency surgical kits to major hospital, including in Vranje, KBC Nis,
Military Hospital Nis, Emergency Center Belgrade, and KBC Zvezdara Belgrade.
There are several Health Clinic Centers which have both surgical and
orthopedic capabilities. More serious mine injuries are treated in hospitals in
Nis and Belgrade or the Military Medical Hospital in
Belgrade.[62] Under the health
insurance system, all citizens are entitled to free surgical and orthopedic
treatment. With the medical infrastructure throughout the country, a landmine
casualty can usually reach specialized medical treatment within three hours of
the incident. The Serbian Ministry of Health does not maintain statistics on
civilians treated for mine
injuries.[63] Military
casualties and Serbian police seriously injured in mine incidents in southern
Serbia receive surgical and orthopedic treatment at Belgrade’s Military
Medical Hospital.
Serbia and Montenegro has 23 rehabilitation centers, including the Dr
Miroslav Zotovic Rehabilitation Center in Belgrade; Igalo in Montenegro; and
centers in Nis, Novi Sad and Podgorica. However, the majority of mine survivors
come to Belgrade for rehabilitation. There are also private clinics supplying
prosthetics and other assistive
devices.[64] The Institute for
Prosthetics in Belgrade, financed by the Ministry of Health, is the only
specialized clinical facility in Serbia and Montenegro that can provide full
treatment and rehabilitation for amputees, including landmine survivors. The
Institute has an orthopedic department, a rehabilitation department, capacity
for the production of upper and lower limb prosthetics and orthotics, and
programs to assist the reintegration of persons with a disability into society.
The Institute is also a teaching center for the Medical Faculty of the
University of Belgrade. The Institute is reported to have highly trained staff
but a lack of resources is limiting its capacity to provide high quality
prostheses. Between 1991 and 1998, of the 1,275 war-wounded amputees
rehabilitated at the Institute, 402 were injured as a result of antipersonnel
landmines. In 1999 and early 2000, the Institute assisted 45 new mine
survivors; however, no new mine survivors have been assisted since then.
Twenty-eight disabled war veterans, most of whom are mine survivors, are
permanent residents of the Institute; most are from Croatia and are refugees in
Serbia with no family support. Production of artificial limbs at the Institute
has reportedly stalled due to a lack of
resources.[65]
In a study on the medical and social rehabilitation of mine survivors
conducted by the Institute of Prosthetics, it was reported that many survivors
were pessimistic about their future and feared loneliness and isolation.
Psychosocial support was identified as an essential element of rehabilitation to
improve the quality of life of the newly disabled person. The Dr. Laza
Lazarevic Institute for Neuropsychiatric Diseases in Belgrade is the oldest
facility providing specialized psychosocial services in the region. Activities
include counseling, occupational therapy and sporting
activities.[66]
The local association, Dobra Volja (Goodwill), provides psychosocial
support to mine survivors, who are mostly refugees from Croatia and Kosovo. The
association, which was established in 1995 with support from the Institute of
Prosthetics, has around 500 members, of which about 75 percent are mine
survivors. An office was established in Belgrade with support from the
Christian World Service (who donated computers); the International Orthodox
Christian Charities; and local businesses. Dobra Volja organizes social
functions, including literary evenings and art exhibitions, and publishes a
newsletter for its members. However, activities are limited by a lack of
resources. The main needs of mine survivors as identified by the association
are employment, housing, and better-quality prostheses to improve
mobility.[67]
One of the main problems facing mine survivors in Serbia and Montenegro is
the lack of employment opportunities for persons with disabilities, a problem
exacerbated by high unemployment in the general population. The National
Employment service is responsible for developing vocational training programs
and job placement for persons with disabilities, including mine survivors.
However, due to financial restraints these programs are not being
implemented.[68]
In 2003, the ICRC began an income generation project for internally displaced
persons, including some mine survivors, in southern Serbia: 1,226 grants were
awarded for income- generating projects and 351 people received vocational
training. Funding of between US$300–$1,100 was provided to purchase
equipment, tools, cows or
seeds.[69] The International
Rescue Committee supports an income generation program for refugees and
internally displaced persons; however, there are no specific programs for
landmines survivors or other persons with disabilities. In the past, landmine
survivors were provided with skills training during their rehabilitation in
state factories and companies for work compatible with their disability. A
private fund, “Kapetan Dragan” also ran a program to provide
computer skills for persons with disabilities. But the economic crisis impacted
on the effectiveness of these programs.
HI’s program, SHARE-SEE (Self Help for Advocacy, Rights and Equal
Opportunities in South East Europe), aims at empowering local associations of
persons with disabilities throughtrainings and regional exchanges, and
provides small grants for
activities.[70] The HI program
assisting mine survivors and other persons with disabilities in southern Serbia
ended in March 2003.
A study on mine victim assistance in Serbia and Montenegro in 2003 identified
several key issues and challenges to providing adequate assistance to mine
survivors including: the affordability of appropriate healthcare and
rehabilitation; improving and upgrading facilities for rehabilitation and
psychosocial support; creating opportunities for employment and income
generation; capacity building and ongoing training of healthcare practitioners,
including doctors, nurses, physiotherapists and orthopedic technicians; raising
awareness on the rights and needs of persons with disabilities; and supporting
local NGOs and agencies to ensure sustainability of programs. In 2003, the Mine
Action Center planned to expand its activities to include programs to assist
mine survivors and their families; however, implementation of any projects was
dependent on donor funding.[71]
Disability Policy and Practice
There are laws to protect the rights of persons with disabilities, including
the 1991 “Law on Social Welfare of People with Disabilities and
Retired” and its amendments, the 1996 “Law of Qualifying for Work
and Employing Invalids,”and the24 January 2003 “Act
on General Principles of Pension and Disability Insurance,” which amended
an earlier 1996 Act; however, due to economic conditions there are difficulties
in implementing their
provisions.[72] In 2003, the
Ministry of Social Affairs enacted a new Act relating to children with
disabilities. Under the new Act each disabled child will be assessed and an
individual action plan developed to meet their specific needs. The Act is still
waiting for approval from the Ministry of
Education.[73]
In the Republic of Serbia, the “Law on the Rights of Civilian Persons
Disabled in War” entitles approved beneficiaries to healthcare, orthopedic
aids, subsidized transport, and a monthly benefit. The monthly benefit,
depending on the degree of disability, ranges from between €25 ($28) and
€400 ($450). The full implementation of these entitlements is being
hampered by a lack of
resources.[74]
Most landmine survivors are eligible for disability pensions, but all
pensions in Serbia and Montenegro are very low, so it is very difficult for a
person to live only on the pension. The average monthly social welfare payment
in Serbia is 1,800 dinars (US$30). However, draft Amendments and Additions to
the Law on Social Welfare and the Provision of Social Security for Citizens
proposes an increase to 3,000 dinars (US$50) per
month.[75] Disabled war
veterans reportedly receive around US$130 per month, but even this amount is
insufficient to provide for the basic needs of survivors and their
families.[76]
The Ministry of Social Affairs is responsible for issues relating to all
persons with disabilities, including landmine survivors. In February 2001, the
Ministry of Social Affairs signed a Protocol on Cooperation with Handicap
International for the joint revision of problems concerning persons with
disability and their families. HI provided advice to the Ministry on reform of
the disability sector, including social assistance and reform of institutions
until June 2004.[77] The
Council of the Government of the Republic of Serbia was established, with the
active participation of persons with disabilities, to propose a framework for
identifying solutions to the problems they face and to better implement their
rights.[78] However, it would
appear that little progress has been made.
At the Standing Committee on Victim Assistance and Socio-Economic
Reintegration meetings in February and June 2004, Serbia and Montenegro outlined
their problems, progress, plans and priorities in providing adequate mine victim
assistance. Priorities and key issues identified include: the need for data on
the extent of the problem; support for healthcare reform; upgrading skills of
medical and rehabilitation staff; the establishment of regional centers for
psychosocial support; and assistance for vocational training, job placement and
small business loans. In order to achieve the goal of “improving the
quality of life of victims and families, through employment, social integration,
humanization and de-stigmatization” funding of €300,000 ($340,000)
per year for three years is reportedly
needed.[79]
[1] See Landmine Monitor Report 1999, pp.
826–827, and Landmine Monitor Report 2000, pp.
853–854. [2] Letter to ICBL from
Miroslav Milosevic, Assistant Federal Minister, Ministry of Foreign Affairs,
Belgrade, 11 January 2000. [3]
Official Gazette, No. 5, 20 June 2003, p.
40. [4] Statement by Dusanka
Divjak-Tomic, Minister Counselor, Permanent Mission to the UN in Geneva,
Standing Committee on General Status and Operation of the Convention, Geneva, 9
February 2004. The statement added that, “Notwithstanding the cumbersome
procedure... Serbia and Montenegro is no less determined to abide by the
provisions of the
Convention.” [5] Letter from
Branislav Bjelica, Deputy Minister of Justice of Serbia, No. 337-00-68/2004-06,
9 June 2004. [6] Letter from Zeljko
Sturanovic, Deputy Minister of Justice of Montenegro, No. 03-2510/04, 8 June
2004. It noted that the Penal Code also laid down new criminal acts, which
include: “‘Unauthorized production of banned weapons,’ which
says: ‘He who, contrary to the law, other regulations and rules of
international law, produces, buys, sells, imports, exports of otherwise obtains
or gives to others, stockpiles or transfers weapons whose production or use is
banned or means for its production, will be punished with one to five years of
prison. (2) An officer or some other responsible person who orders or enables
a legal entity to perform activities referred to in paragraph 1 of this article
will be punished with one to eight years of prison.’ We believe that, by
prescribing the mentioned criminal acts, we have fulfilled the obligations
envisaged for the State Union of SCG to join to Ottawa Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel
Mines. We also inform you that the Penal Code, article 31, envisages the
responsibility of legal entities for criminal acts and sanctions for them, as
well as the criminal acts for which a legal entity can be responsible, which
will be regulated by a special law, in a manner that will provide for the full
implementation of the mentioned Convention. We wish to note that, by the end of
the current year, the justice ministry will draft a law on the criminal
responsibility of legal
entities.” [7] Col. Vlado Radic,
“Project on destruction of APM stockpiles in Serbia and Montenegro,”
Fifth Meeting of States Parties, Bangkok, 15–19 September
2003. [8] Statement by Serbia and
Montenegro, Standing Committee on the General Status, 9 February
2004. [9] Letter from Zoran Basaraba,
General Secretary, Ministry of Foreign Affairs, 27 January
2004. [10]
Ibid. [11] Letter from Maj. Gen.
Dobrosav Radovanovic, Assistant Minister of Defense, Sector of International
Military Cooperation and Defense Policy, Federal Ministry of Defense, 29 January
2003; see also Landmine Monitor Report 2002, p. 789. On 20 June 2003, Serbia and
Montenegro repeated this statement in the Conference on
Disarmament. [12] See Landmine Monitor
Report 1999, p. 829, and Landmine Monitor Report 2001, p.
923. [13] Letter from Boris Rankovic,
Ministerial Secretary, Ministry of Defense, 13 February 2004; see also Landmine
Monitor Report 2003, p. 676. [14]
Statement by Col. Vlado Radic, Fifth Meeting of States Parties, 15–19
September 2003. [15] Fax to Landmine
Monitor from Col. Vlado Radic, 24 March
2003. [16] Interview with Col. Vlado
Radic, Standing Committee meetings, Geneva, 24 June
2004. [17] Letter from Col. Miladin
Bogicevic, Chief of Cabinet, Ministry of Defense, Serbia and Montenegro, No.
1283-4, 24 June 2004. [18] Letter from
Boris Rankovic, Ministry of Defense, 13 February 2004; see also Landmine Monitor
Report 2003, p. 677. [19]
“Project on stockpile destruction,” Fifth Meeting of States Parties,
15–19 September 2003, and “Project on destruction of APM stockpiles
in Serbia and Montenegro,” Standing Committee on Stockpile Destruction,
Geneva, 12 February 2004. [20] Letter
from Boris Rankovic, Ministry of Defense, 13 February
2004. [21] “Support to
Partnership for Peace Trust Fund Projects by the NATO Maintenance and Supply
Agency (NAMSA),” Standing Committee on Stockpile Destruction, Geneva, 12
February 2004. [22] Statement by
Serbia and Montenegro, Standing Committee on Stockpile Destruction, 24 June
2004. [23] See Canada entry in this
report; “Annual Donor Report for Canada: 2003,” Mine Action
Investments database. [24] For the
original circumstances of mine use against Serbian forces in southern Serbia,
see Landmine Monitor Report 2001, pp. 923–924 and Landmine Monitor Report
2002, p. 789. [25] Serbian Ministry of
Internal Affairs, “Report for the period 1 January–31 December
2003,” No. 231, signed by Ministerial Counselor Col. Ivan Djordjevic, 9
February 2004. [26] Ibid. The
Albanian National Army claimed responsibility for the 23 February incident.
“Southern Serbia’s Fragile Peace,” International Crisis Group,
Report No. 152, 9 December 2003, p.
6. [27] See Landmine Monitor Report
2003, p. 677. [28] See Landmine
Monitor Report 2002, p. 790. [29] See
Landmine Monitor Report 2001, pp.
924–926. [30] See Landmine
Monitor Report 2000, p. 855. [31]
Letter from Petar Mihajlovic, Director, Mine Action Center, Belgrade, 13 March
2003; Mine Action Center, “2003 Mine Action Plan for the Republic of
Serbia,” Belgrade, p. 2. For details, see Landmine Monitor Report 2003,
p. 678. [32] Letter from Petar
Mihajlovic, Mine Action Center, 18 May 2004. The Mine Action Center reported in
March 2003 that there were about 7,200 antipersonnel and 3,800 antivehicle mines
in 103 minefields from 100 to 3,000 meters wide and stretching for about 40,500
meters. It seems that the differences result from clearance activity in the
interim period. [33] Ibid. The
locations are Nis (5 locations, 100,000 square meters), Kraljevo (3 locations,
100,000 square meters), Kopaonik (2 locations, 500,000 square meters),
Kursumlija (2 locations, 300,000 square meters), Sjenica (2 locations, 1,500,000
square meters), and Vladimirci (1,000 square
meters). [34] Norwegian Refugee
Council, “Background information on the situation of IDPs in the Federal
Republic of Yugoslavia,” 11 March
2002. [35] Letter from Petar
Mihajlovic, Mine Action Center, 18 May
2004. [36] The literal translation of
the title from Serb is the Center for Removing Mines and Other Unexploded
Ordnance, but the preferred English version is Mine Action
Center. [37] Letters from Petar
Mihajlovic, Mine Action Center, 13 March 2003 and 18 May
2004. [38] Letter from Petar
Mihajlovic, Mine Action Center, 7 May
2003. [39] See Landmine Monitor Report
2003, p. 679. [40] Letters from Petar
Mihajlovic, Mine Action Center, 13 March 2003 and 18 May 2004.
[41]
Ibid. [42] Email from Sabina Beber,
Head of International Relations, ITF, 27 February 2004. The Mine Action Center
reports similar data in less
detail. [43] “Battle area
clearance at Nis airport,” Trust, (ITF newsletter), June 2003, p.
6. [44] Letter from Nebojsa Covic,
President, Coordination Center of Serbia and Montenegro, 17 May 2004. The
Coordination Center is a joint organ of the Federal Government and the
Government of the Republic of Serbia. Comparable data for 2002 has not been
reported. These figures do not seem consistent with those supplied by the
Ministry of the Interior on 9 February 2004. (See “Use”
section). [45]
“Serbia-Montenegro, Croatia say Prevlaka demilitarization successfully
completed,” Tanjug (news agency), 13 November
2003. [46] Report of the Montenegrin
Ministry of Internal Affairs, signed by Dragan Pejanovic, Head of Ministerial
Cabinet, 15 February 2004. Comparable data for 2002 has not been
reported. [47] Letter from Petar
Mihajlovic, Mine Action Center, 18 May 2004.
[48] See Landmine Monitor Report
2002, p. 792, and Landmine Monitor Report 2003, pp. 679–680. In 2002, the
ITF reported only survey, tendering and planning activities in Serbia and
Montenegro. [49] ICRC, “Special
Report, Mine Action 2003,” p.
44. [50] ICRC, “Report on
results and effects of mine risk education program conducted in southern Serbia
in the period from 2001–2003,” December 2003. Document supplied by
Nebojsa Covic, President of the Coordination Center for Serbia and Montenegro,
on 17 May 2004. The number of people exposed to the ICRC MRE program is not
reported. Translated by the Landmine
Monitor. [51] “Federal Republic
of Yugoslavia: Facts and Figures on Recent ICRC Action,” 7 August 2002;
letter from Nebojsa Covic, Coordination Center, 12 February 2003. See Landmine
Monitor Report 1999, p. 834, Landmine Monitor Report 2002, pp. 792–793,
and Landmine Monitor Report 2003, p.
680. [52] Email from Sabina Beber,
ITF, 27 February 2004. [53] See Canada
entry in this report. [54] Ministry of
Internal Affairs, “2003 Report,” 9 February 2004; email from Zeljko
Lezaja, Communications Assistant/Mine Awareness Coordinator, ICRC, Belgrade, 9
July 2004. [55] “Miner Loser
Leg,” Danas, 13 January 2003, p. 3; Aleksandar Roknic, “VJ Experts
are Not in Lebanon,” Danas, 15 January 2003, p.
1. [56] Email from Zeljko Lezaja,
ICRC, Belgrade, 9 July 2004. [57]
Presentation by Serbia and Montenegro, Standing Committee on Victim Assistance
and Socio-Economic Reintegration, Geneva, 10 February
2004. [58] HI. Landmine Victim
Assistance in South East Europe, Brussels, September 2003, p.
63. [59] Unless otherwise stated
information in this section is taken from the Serbia and Montenegro entry in HI,
Landmine Victim Assistance in South East Europe, Brussels, September 2003.
[60] Presentation Serbia and
Montenegro, Standing Committee on Victim Assistance, 10 February
2004. [61] ICRC, “Annual Report
2003,” Geneva, June 2004, p.
215. [62] Presentation Serbia and
Montenegro, Standing Committee on Victim Assistance, 10 February
2004. [63] Dr. Zoran Maricic, Deputy
Serbian Ministry of Health, Information No. 590-00-170/2003-01, 26 January 2004.
[64] Email from Dr. Pascal Granier,
Disability Policy Coordinator, HI – Regional Office for Southeast Europe,
12 August 2004; see also HI, Landmine Victim Assistance in South East Europe,
September 2003, p. 66. [65]
Presentation Serbia and Montenegro, Standing Committee on Victim Assistance, 10
February 2004. [66] Information
distributed at the Standing Committee on Victim Assistance and Socio-Economic
Reintegration, Geneva, 23 June
2004. [67] Interview with Golko
Dmitrovic, Zarko Jokic, and Nikola Barisic, mine survivors and members of Dobra
Volja, Belgrade, 14 April 2003. [68]
Presentation Serbia and Montenegro, Standing Committee on Victim Assistance, 10
February 2004. [69] ICRC,
“Annual Report 2003,” Geneva, June 2004, p. 215; interview with
Zeljko Lezaja, Communications Assistant/Mine Awareness Coordinator, ICRC,
Belgrade, 15 April 2003. [70] Email
from Dr. Pascal Granier, HI, 12 August
2004. [71] Interview with Petar
Mihajlovic, Mine Action Center, 16 April 2003.
[72] HI, Landmine Victim Assistance
World Report 2002, Lyon, December 2002, p. 332; see also
natlex.ilo.org. [73] Email from Dr.
Pascal Granier, HI, 12 August
2004. [74] Presentation Serbia and
Montenegro, Standing Committee on Victim Assistance, 10 February
2004. [75] Information provided to
Helsinki Committee for Human Rights in Serbia by Gordana Matkovic, Serbian
Minister of Social Affairs, dated 23 January
2003. [76] Interview with mine
survivors and members, Dobra Volja, 14 April
2003. [77] Email from Dr. Pascal
Granier, HI, 12 August 2004. [78]
Information by Gordana Matkovic, Serbian Minister of Social Affairs, 23 January
2003. [79] Presentation Serbia and
Montenegro, Standing Committee on Victim Assistance, 10 February 2004;
Presentation by Serbia and Montenegro, Standing Committee on Victim Assistance,
23 June 2004.