WRITTEN QUESTION E-3421/00 by Andre Brie (GUE/NGL) to the Council. Situation of deserters and conscientious objectors after the end of the war in Kosovo.
Date: 2000-11-08
Institutions: European Parliament, Provisional data
Subjects: Hungary, Kosovo, Serbia and Montenegro, aid to refugees, conscientious objection, legal status, military discipline, political refugee, residence permit, right of asylum

C 187 E/6

Official Journal of the European Communities

EN

3.7.2001

The Council Decision of 22 April 1999 providing macrofinancial assistance to Albania entrusted the
3.
application of the decision to the Commission; that application is therefore no longer in the Council(cid:146)s
hands. However, discussions between the Albanian authorities and the Commission on the conditions of
economic and institutional policy under which the loan will be granted have not yet been completed, and
so no disbursements have yet been made.

4.
The Honourable Member refers to the conclusions of the Council of 21/22 June 1999, which asked
the Commission to make recommendations on the negotiating directives for a stabilisation and association
agreement following the Council(cid:146)s examination of a feasibility study on the negotiating of such an
agreement. However, following the Commission(cid:146)s presentation of that study, the Council concluded on
24 January 2000 that Albania should first resolve certain economic, political and institutional weaknesses
so that its participation in the stabilisation and association process would be fruitful. Lastly, the Feira
European Council asked the Albanian Government to continue the efforts made in response to the
questions raised in the abovementioned feasibility study. There is therefore no Council decision as yet to
begin negotiations for a stabilisation and association agreement.

5.
The EU noted in the final declaration of the Zagreb Summit, in which the EU and the countries of
the Western Balkans took part on 24 November 2000, that the stabilisation and association process was
based on respect for the conditions defined by the Council on 29 April 1997 concerning democratic,
economic and institutional reforms as well as establishment of the rule of law and the protection of human
rights and the rights of minorities.

The Council has set up an EU-Albania high-level steering group which will assess progress, recommend the
necessary reform measures and provide advice and guidance in all areas of concern set out in the 1999
Commission feasibility report, namely macro-economic stabilisation and accelerated structural reforms,
strengthening of security and public order and improvement of governance and law enforcement (such as
public administration reform, judiciary, rule of law and respect for human rights, including the rights of
minorities). The group may look at any other issue relevant to the stabilisation and association process.
The Council will thus be able to monitor closely the Albanian government(cid:146)s implementation of concrete
measures in these areas.

6.
In a Declaration of 1 December, the Presidency reiterated, on behalf of the European Union, that the
European Union sees the increasing use of violence in the pursuit of political aims as a worrying
development. The European Union therefore made a forceful appeal for the rule of law to be respected.
The desire of the Albanians to move towards a closer relationship with the European Union implies
observance of shared fundamental values, chief among which are respect for institutions and legality, non-
recourse to violence, and a spirit of tolerance and dialogue.

(2001/C 187 E/007)

WRITTEN QUESTION E-3421/00

by Andre Brie (GUE/NGL) to the Council

(8 November 2000)

Subject: Situation of deserters and conscientious objectors after the end of the war in Kosovo

On 6 May 1999 Parliament adopted a joint resolution on the situation in Kosovo (1) in which it called on
the Member States to take in Yugoslav army deserters and conscientious objectors and grant them
a temporary right of abode in the EU. Furthermore:

(cid:129) thousands of deserters are still being denied the legal status that the European governments promised

to accord to them,

(cid:129) most of the deserters (especially those in Hungary) are living in refugee camps in conditions unfit for

human beings,

(cid:129) the vast majority of the deserters are being refused asylum in the Member States and many of them,

indeed, are likely to be deported.

3.7.2001

EN

Official Journal of the European Communities

C 187 E/7

Can the Council therefore say:

(cid:129) whether it is aware of this problem and what efforts have been undertaken to date?

(cid:129) whether there was any point at all in appealing to Yugoslav servicemen to desert when the only action
taken to follow up that appeal has been to close the borders to the deserters, deny them legal status,
and in some cases even threaten them with deportation?

(cid:129) whether the necessary financial assistance has been provided, in particular to Hungary, where most of

the deserters have found temporary shelter?

(cid:129) whether it intends to raise this matter in future talks with the new Yugoslav leadership and, if so, what

attitude it will take?

(1) OJ C 279, 1.10.1999, p. 411.

Reply

(24 April 2001)

1.
The Council is fully aware of the situation of deserters and conscientious objectors from the FRY
army after the end of the war in Kosovo and has duly noted the European Parliament Resolution of 6 May
1999.

2.
As the Honourable Member will recall, the Resolution was addressed to the Member States, which
have certainly followed the European Parliament(cid:146)s recommendations on those matters which come within
their sovereignty.

3.
The Council has therefore not dealt specifically with the question, but considers that the new
situation emerging in Belgrade might be conducive to a positive solution to the situation of Yugoslav
deserters and conscientious objectors. The Council will actively work towards that end. In this context it
has welcomed the Amnesty Bill which the Government of the FRY submitted recently to its Parliament and
which could apply to deserters and conscientious objectors.

(2001/C 187 E/008)

WRITTEN QUESTION E-3432/00

by Cristiana Muscardini (UEN) and Sergio Berlato (UEN) to the Commission

Subject: Supervision of employees

(7 November 2000)

The Blair Government has authorised, as from 24 October 2000, all companies based in the UK to carry
out checks on their employees(cid:146) e-mails and phone calls without their prior agreement.

Given that Belgian law also authorises employers to check that their employees use communication
equipment provided by the company solely for professional purposes, albeit subject to their agreement,
does the Commission not consider that such methods are a blatant infringement of the principle of
protection of human rights which the same governments so often like to brandish?

Answer given by Mr Liikanen on behalf of the Commission

(16 February 2001)

The Honourable Members are referring to UK Statutory Instrument 2000 No 2699 entitled (cid:145)The
Telecommunications (Lawful Business Practice)
(Interception of Communications) Regulations 2000(cid:146)
which transposes Article 5.2 of Directive 97/66/EC (1). The UK has recently notified this legal instrument
to the Commission. We understand that the Honourable Members are also referring to Belgian law.