| CCLM 72/4
|
| CCLM 72/4
|
COMMITTEE ON CONSTITUTIONAL AND LEGAL MATTERS |
Seventy-second Session |
Rome, 8-9 October 2001 |
ARREARS OF THE FORMER SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA |
INFORMATION NOTE |
1. On 16 October 1946 the Socialist Federal Republic of Yugoslavia became a Member Nation of FAO. On 27 April 1992 the National Assembly of the Socialist Federal Republic of Yugoslavia, consisting of representatives of Serbia and Montenegro, promulgated the Constitution of the Federal Republic of Yugoslavia and adopted a declaration stating that the Federal Republic of Yugoslavia would continue the international personality of Yugoslavia. This declaration was notified to the United Nations and other organizations of the United Nations family but was objected to by a number of States.
2. On 19 September 1992 the Security Council, through Resolution 777 (1992), considered that the "state formerly known as the Socialist Federal Republic of Yugoslavia has ceased to exist". It considered further that "the Federal Republic of Yugoslavia (Serbia and Montenegro) cannot continue automatically the membership of the former Socialist Federal Republic of Yugoslavia in the United Nations; and therefore recommends to the General Assembly that it decide that the Federal Republic of Yugoslavia (Serbia and Montenegro) should apply for membership in the United Nations and that it shall not participate in the work of the General Assembly". On 22 September 1992 the General Assembly adopted Resolution 47/1 which referred to, and reiterated the terms of, Security Council Resolution 777 (1992) and decided that the Federal Republic of Yugoslavia (Serbia and Montenegro) "shall not participate in the work of the General Assembly". The General Assembly extended its ban on participation in ECOSOC and subsidiary bodies of ECOSOC.
3. On matters regarding succession and recognition of States, FAO has always followed the practice of the United Nations and this was, thus, the case with respect to Yugoslavia. At its 102nd Session, in November 1992, after having noted UNGA Resolution 47/1, the Council "decided that henceforth the Federal Republic of Yugoslavia (Serbia and Montenegro) shall not participate in the work of the Council or its subsidiary bodies".
4. By letter of 27 October 2000 from its President to the Secretary-General of the United Nations, the Federal Republic of Yugoslavia applied for membership in the United Nations, "in light of Security Council Resolution 777 (1992)". As indicated above, this resolution mentioned that the state formerly known as the Socialist Federal Republic of Yugoslavia had ceased to exist. On 31 October 2000, by Resolution 1326 (2000), the Security Council after having examined "the application of the Federal Republic of Yugoslavia for admission to the United Nations", recommended to the General Assembly that it be admitted to membership in the United Nations. The next day, on 1 November 2000, the General Assembly adopted, under Agenda item 19 "Admission of new Members to the United Nations", Resolution 55/12 admitting the Federal Republic of Yugoslavia to membership of the United Nations.
5. On 21 November 2000, the Director-General received a formal application for membership from the Government of the Federal Republic of Yugoslavia. This application will be considered by the Conference, at its Thirty-first Session, in November 2001. The 119th Session of the Council, held in November 2000 agreed that, pending the decision of the Conference on the application, the Federal Republic of Yugoslavia may be invited to send observers to meetings of the Council and regional and technical meetings that are of interest to it and may also be asked to designate participants in seminars, workshops and training courses.
6. In line with the well established practice of FAO, the issue of the arrears accumulated by the former Socialist Federal Republic of Yugoslavia will be dealt with by taking into account the decision taken on the matter at the United Nations. No decision has yet been taken at the United Nations on this complex matter, which involves both political and legal considerations. Furthermore, the matter may not be resolved speedily.
7. Without prejudging the content of any decision that may be taken at the United Nations, it is assumed that a number of legal considerations might be of some relevance. These include: i) the fact that it was considered that the State formerly known as the Socialist Federal Republic of Yugoslavia ceased to exist on 27 April 1992, following a process of dissolution which lasted a few years; ii) the provisions of Part IV of the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts; and iii) any arrangements on succession issues entered into by the successor States of the former Socialist Federal Republic of Yugoslavia.
8. Once a decision is taken at the United Nations, the matter will be referred, in light of the above considerations, to the Committee on Constitutional and Legal Matters, the Finance Committee, the Council and the Conference, as was the case with respect to the financial problems connected with the dissolution of Czechoslovakia.
9. The CCLM is invited to consider the above and to recommend to the Council that, should the Federal Republic of Yugoslavia be admitted to membership of FAO before a decision on the arrears of the former Socialist Federal Republic of Yugoslavia is taken at the United Nations, the matter be decided by the Council in the light of the decision taken at the United Nations and upon advice of the CCLM and the Finance Committee, subject to confirmation by the Conference.
