FECL 22 (February 1994):

INQUIRY ON THE SITUATION OF REFUGEES FROM FORMER YUGOSLAVIA IN EUROPE

In December 1993, the EUROPEAN CIVIC FORUM launched a campaign in 16 Western European states in support of deserters and draft resisters from all parts of former Yugoslavia (see FECL No.21, p.4).

The terms "deserters and "draft resisters" used in the campaign comprise all men who, due to conscientious objection, do not wish to take part in nationalist wars which have been unequivocally condemned by the international community (i.e. not only soldiers having deserted from their units and draft evaders).

In connexion with this campaign, I am trying to gather information on the situation of refugees from former Yugoslavia seeking protection in the EU-member states and Austria, Norway, Sweden and Switzerland.

I would be very grateful if you could help me with this inquiry by answering the following questions on the situation in your country and sending me any documents available on the policies of the above countries regarding "deserters" (as defined above) from former Yugoslavia:

1. Number of persons from former Yugoslavia who have been granted political asylum, or permanent residence permit on humanitarian grounds?
2. Number of persons from former Yugoslavia who have been granted temporary protection?
3. Number of asylum seekers from former Yugoslavia waiting for a final decision on their application?
4. Percentage of asylum applications from former Yugoslavia turned down?
5. Main republics/regions of origin or ethnic groups of Yugoslavs seeking protection in your country?
6. Are there administrative barriers preventing persons from Yugoslavia seeking protection from entering into the territory of your country legally (Visa obligation, summary rejection of applications at frontiers and airports, strict application of the "safe country" or "safe third country" principles, etc.)?
7. How does the republic/region of origin or ethnic group of Yugoslavs seeking protection in your country affect their chances to obtain protection?
8. Estimate number of Yugoslav persons staying illegally in your country?
   (If you are unable to name an estimate figure: Do you believe, according to your own observations and information, that their number is significant?)
9. Are deportation orders against rejected asylum seekers carried out effectively?
   If not, why not?
10. Is there any preferential treatment of asylum seekers claiming that they have fled their country due to desertion, conscientious objection or general refusal to take part in the war?
    Does the republic/region of origin or membership of an ethnic group of asylum seekers belonging to this category carry special weight, when their application is considered (e.g. conscientious objectors from Kosovo as compared with objectors from Bosnia)?
11. Do deserters and draft evaders (here in the strict meaning of the terms) have to present material evidence for their claim(burden of proof)?
12. Are you aware of cases where asylum applications of persons belonging to the category named under question No. 10 were rejected?
    Are you aware of deportations or imminent deportations of persons of the above category?
13. Are you aware of particular cases where asylum seekers belonging to the above category had their application turned down/were deported, despite strong evidence that their claim was justified?
    If yes, please briefly describe the case(s).
14. Do you know about deportees belonging to the category named under question No.10 and having been punished by state authorities or non governmental warring factions after having been sent back by the authorities of your country?
    If yes, please briefly describe the case(s).
15. Summary description of and your remarks on your country's asylum practice regarding refugees from former Yugoslavia.