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Economic and Social Council UNITED E NATIONS Economic and Social Distr. Council GENERAL E/1990/5/Add.61 26 November 2003 Original: ENGLISH Substantive session of 2004 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC AND CULTURAL RIGHTS Initial reports submitted by States parties under articles 16 and 17 of the Covenant* Addendum SERBIA AND MONTENEGRO [10 October 2003] * Several enclosures containing tables of statistical data were contained in the annexes. The annexes can be consulted in the files of the secretariat. GE.03-45464 (E) 050204 E/1990/5/Add.61 page 2 CONTENTS Paragraphs Page Introduction .............................................................................................. 1 - 7 5 PART ONE: INITIAL REPORT ON THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE FEDERAL REPUBLIC OF YUGOSLAVIA AND IN THE REPUBLIC OF SERBIA FOR THE PERIOD 1990-2002 ................................................................ 8 - 449 6 Article 1 ........................................................................................ 8 - 9 6 Article 2 ........................................................................................ 10 - 12 7 Article 3 ........................................................................................ 13 - 21 7 Article 4 ........................................................................................ 22 - 24 9 Article 5 ........................................................................................ 25 - 27 9 Article 6 ........................................................................................ 28 - 60 10 Article 7 ........................................................................................ 61 - 117 16 Article 8 ........................................................................................ 118 - 145 28 Article 9 ........................................................................................ 146 - 200 32 Article 10 ...................................................................................... 201 - 233 45 Article 11 ...................................................................................... 234 - 256 50 Article 12 ...................................................................................... 257 - 332 55 Article 13 ...................................................................................... 333 - 404 73 Article 14 ...................................................................................... 405 92 Article 15 ...................................................................................... 406 - 449 92 E/1990/5/Add.61 page 3 CONTENTS (continued) Paragraphs Page PART TWO: INITIAL REPORT ON THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE REPUBLIC OF MONTENEGRO FOR THE PERIOD 1990-2002 ................................... 450 - 771 98 Article 1 ........................................................................................ 450 - 465 98 Article 2 ........................................................................................ 466 - 482 101 Article 3 ........................................................................................ 483 - 500 104 Article 4 ........................................................................................ 501 - 502 108 Article 5 ........................................................................................ 503 - 504 108 Article 6 ........................................................................................ 505 - 528 108 Article 7 ........................................................................................ 529 - 560 112 Article 8 ........................................................................................ 561 - 575 116 Article 9 ........................................................................................ 576 - 595 118 Article 10 ...................................................................................... 596 - 605 121 Article 11 ...................................................................................... 606 - 625 122 Article 12 ...................................................................................... 626 - 728 125 Articles 13, 14 and 15 ................................................................... 729 - 771 145 E/1990/5/Add.61 page 4 ABBREVIATIONS DFID Department for International Development, United Kingdom of Great Britain and Northern Ireland ECE United Nations Economic Commission for Europe EU European Union FAO Food and Agriculture Organization of the United Nations FRY Federal Republic of Yugoslavia IDPs Internally displaced persons IMF International Monetary Fund MICS Multiple Indicator Cluster Survey (United Nations Children’s Fund) ODIHR Office for Democratic Institutions and Human Rights (Organization for Security and Cooperation in Europe) PHRD Policy and Human Resources Development Fund (World Bank) UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNEP United Nations Environment Programme UNIDO United Nations Industrial Development Organization UNOPS United Nations Office for Project Services WGGE Working Group for Gender Equality, Stability Pact for South-Eastern Europe E/1990/5/Add.61 page 5 Introduction 1. The initial report on the implementation of the International Covenant on Economic, Social and Cultural Rights for the reporting period 1990-2002 pertains to the Federal Republic of Yugoslavia, which ceased to exist on 4 February 2003 when, on the basis of the Proceeding Points for the Restructuring of Relations between Serbia and Montenegro of 14 March 2002, the Federal Assembly adopted the Constitutional Charter of the State Union of Serbia and Montenegro. An integral part of the Constitutional Charter is the Charter of Human and Minority Rights and Civil Liberties, adopted on 28 February 2003. 2. Pursuant to the Constitutional Charter, the name of the new State, i.e. the successor State of the Federal Republic of Yugoslavia, is Serbia and Montenegro. It is based on the equality of the two member States, the State of Serbia and the State of Montenegro (arts. 1 and 2). The territory of Serbia and Montenegro consists of the territories of the member States; the border of the State Union is inviolable, while the boundary between the member States is unchangeable, except by mutual consent (art. 6). The State of Serbia includes the Autonomous Province of Vojvodina and the Autonomous Province of Kosovo and Metohija which, under Security Council resolution 1244 (1999), is currently under the administration of the international community (Decision on the Promulgation of the Constitutional Charter of the State Union of Serbia and Montenegro). 3. Serbia and Montenegro is a single subject of international law and its member States may become members of international global and regional organizations, the membership of which is not contingent on international personality (art. 14). 4. The organs of the new State are: the Parliament of Serbia and Montenegro (unicameral and consisting of 126 members, 91 from Serbia and 35 from Montenegro); the President of Serbia and Montenegro (elected for a term of office of four years); the Council of Ministers (Foreign Minister, Minister of Defence, Minister for International Economic Relations, Minister for Internal Economic Relations and the Minister for Human and Minority Rights); the Court of Serbia and Montenegro (rulings of the Court are binding and cannot be appealed against and the Court is authorized to invalidate laws, other regulations and enactments of the institutions of the State that are contrary to the Constitutional Charter and the laws of Serbia and Montenegro). Serbia and Montenegro has the armed forces which are under democratic and civilian control (art. 54). 5. Considering that the initial report on the implementation of the International Covenant on Economic, Social and Cultural Rights covers the reporting period 1990-2002 and contains information relevant to the Federal Republic of Yugoslavia, that name of the country has, by and large, been maintained to make the reading of the text easier. 6. Likewise, pursuant to the agreement of the competent organs of the member republics (now member States) of Serbia and Montenegro, the report consists of two parts. The first part pertains to the Federal Republic of Yugoslavia and the Republic of Serbia, and the competent federal organs (many of which ceased to exist upon the adoption of the Constitutional Charter) E/1990/5/Add.61 page 6 and the organs of the Republic of Serbia participated in its elaboration. The second part of the report pertains exclusively to Montenegro and was prepared by the competent organs of Montenegro. 7. The former Federal Republic of Yugoslavia, i.e. the present Serbia and Montenegro, is situated in South-East Europe and occupies the central part of the Balkan peninsula, covering an area of 102,173 square kilometres. From the point of view of geography, Serbia and Montenegro is a Balkan, central European, Mediterranean and Danubian country. It borders on eight States: Hungary, Romania, Bulgaria, Macedonia, Albania, Italy, Bosnia and Herzegovina and Croatia. PART ONE INITIAL REPORT ON THE IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE FEDERAL REPUBLIC OF YUGOSLAVIA AND IN THE REPUBLIC OF SERBIA FOR THE PERIOD 1990-2002 Article 1 Right to self-determination 8. The Constitution of the Federal Republic of Yugoslavia contained
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