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THE
YUGOSLAV DIPPLOMATIC SERVICE UNDER SANCTIONS - Milan Mitic
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TEXT
Sanctions not only destroy the economy of a
country but also threaten the existence of its population. They adversely affect all the
structures of the state and society, and render difficult, if not impossible, the normal
operation of services, including the Foreign Service.
In the case of Yugoslavia, the situation which arose following the introduction of
sanctions was made exceptionally complex by two additional negative circumstances: (a) the
secession of four of the former Yugoslav Republics and the break-up of the Federal State
including its Foreign Service, and (b) the fact that Security Council Resolution 757 of 30
May 1992 contained provisions directly related to the diplomatic and consular missions of
Yugoslavia.
As the four former Yugoslav Republics seceded, a great many officials and staff coming
from these republics left the Federal Secretariat of Foreign Affairs and the diplomatic
and consular missions. The Yugoslav system had ensured equal representation of the
republics; thus, it should be noted that over 70 percent of Yugoslavias ambassadors
were from these four seceding republics. Because the republics seceded before the
imposition of sanctions, the Ministry of Foreign Affairs and many of its diplomatic and
consular missions were understaffed when the sanctions were instituted. Furthermore, the
ministry was in a difficult state which was first reflected when some heads of the
diplomatic and consular missions did not act upon instructions from headquarters. Instead,
they blocked the operation of the missions, leaving the missions and joining the Foreign
Services of the newly formed states. After this shock it took a long time for Yugoslav
diplomacy to restructure and prepare for the tasks facing it in a new, changed
environment.
In addition to economic sanctions and sanctions on transport, paragraph 8 of the
Security Council Resolution imposing sanctions on Yugoslavia also stipulated that
"all states shall:
reduce the level of the staff at diplomatic missions and consular posts of the
Federal Republic of Yugoslavia (Serbia and Montenegro);
take the necessary steps to prevent the participation in sporting events in
their territory of persons or groups representing the Federal Republic of Yugoslavia
(Serbia and Montenegro);
suspend scientific and technical co-operation and cultural exchanges and visits
involving persons or groups officially sponsored by or representing the Federal Republic
of Yugoslavia (Serbia and Montenegro)."
Paragraph 8(a) was interpreted and enforced differently by individual countries. A
great many of them recalled their ambassadors from Yugoslavia and insisted on Yugoslavia
recalling its ambassadors. A number of countries neither recalled their ambassadors nor
requested Yugoslavia to recall its ambassadors. During sanctions Yugoslavia had no heads
of missions with the rank of ambassador, both as a result of the enforced sanctions on the
reduction of staff in the missions, and even more, because ambassadors from the republics
which had declared their independence left Yugoslavia.
While the sanctions were in place, there were only a few instances of accreditation of
Yugoslav ambassadors in foreign countries, as the arrival of new Yugoslav ambassadors was
not acceptable to most countries. A number of countries promised to give agreement for and
to receive Yugoslav ambassadors. In fact, several Yugoslav ambassadors left to take up
their duties in those countries (Indonesia, Tanzania, Israel) but after waiting in vain
for months to present their credentials, were eventually forced to return to Yugoslavia.
The government of the Federal Republic of Yugoslavia, strictly abiding by its
established rule of a four-year term of office for diplomatic staff, recalled its
ambassadors from a number of important counties, but, due to the sanctions and the lack of
will on the part of receiving states, was prevented from posting new ambassadors in those
countries. As a consequence, for no serious reasons Yugoslavia was deprived of the
opportunity to be represented at the ambassadorial level in those states. This situation
could not be rectified until the total lifting of the sanctions.
Some states simply applied paragraph 8 of the Security Council Resolution to reduce the
level of staff at Yugoslav diplomatic missions, which, in turn, had an adverse effect on
the conditions of work of Yugoslav diplomacy. However, a number of countries enforced both
the reduction of staff and the recall of ambassadors. The United Nations Secretariat
insisted on reduction of the level of representation at the Yugoslav Permanent Missions to
the United Nations in New York and to the United Nations Office at Geneva. The permanent
representative or the head of mission was replaced in both cases by an ambassador/charge
daffaires ad intirim.
As far as consular posts were concerned, the majority of foreign states did not insist
on a reduction of level of staff. Thus, all consuls-general continued to perform their
duties except for those who completed their terms and were transferred back to Yugoslavia.
However, during the sanctions no new consuls-general received exequatur or were accepted
in that capacity.
The Yugoslav government made a serious error of judgement in this area at the time of
the secession of the former Yugoslav Republics and immediately prior to the imposition of
sanctions by the UN. The government temporarily suspended the operation of several
consulates, mostly in Europe, which it could not reactivate without the consent of the
receiving states. These states were unwilling to give consent while sanctions were in
place.
In pursuance of paragraph 8 of the Security Council Resolution, the most radical
measures, in excess of the specific measures detailed in the resolution, were taken by the
governments of Malaysia, New Zealand, the United States and Canada. The governments of
Malaysia and New Zealand actually ordered the closing of Yugoslav missions in their states
and broke off diplomatic relations with Yugoslavia. Malaysia went so far as to impose a
general ban on the entry of Yugoslav citizens to Malaysia. New Zealand prevented the
Yugoslav Ministry of Foreign Affairs from taking over the records of the Yugoslav Embassy
in Wellington.
The United States and Canada, as well as reducing the staff of the Yugoslav Embassies
in Washington D.C. and Ottawa, ordered the closing down of all Yugoslav consulates in
their territories. A particularly difficult situation arose in the United States, where
Yugoslavia had several consulates-general because of the size of the United States and the
many consular problems there. The burden of these problems fell entirely on the shoulders
of the Washington D.C. Embassy Consular Section, which also had reduced staff. In the
space of a couple of days all Yugoslav consulates had to shut down and their staff had to
leave the United States.
It was not just the recall of ambassadors and the reduction of staff at diplomatic
missions that prevented the normal work of Yugoslav diplomacy. Other conditions
contributed considerably to deterioration. Demonization of Yugoslavia and the Serb people
contributed, above all, to the tarnished reputation of the country of Yugoslavia and of
its representatives. A number of countries undertook a series of unprecedented measures of
isolation and discrimination against Yugoslav diplomatic staff, diplomatic missions and
consular posts. These measures, inter alla, included the practice of not inviting Yugoslav
diplomatic and consular staff to various functions and meetings for the diplomatic and
consular corps, refusal by the authorities of receiving states to have contacts with
Yugoslav diplomats, and limiting possibilities of contact even within the Foreign Ministry
of the receiving state to a lower level. In some other states, despite the maintenance of
diplomatic relations and the continued operation of diplomatic missions on reciprocal
basis (the Netherlands, Germany, Austria, Belgium, Denmark, etc.), embassies of the
Federal Republic of Yugoslavia were removed from diplomatic lists under the section for
"embassies" and listed under "other representations." Problems were
encountered by the staff of Yugoslav missions regarding the issue of their ID cards.
Because of these measures the Yugoslav Ministry of Foreign Affairs decided in 1994 to
retaliate against these states and finally to assure the authors of these
"solutions" that playing with diplomatic law cannot benefit any side.
Some states or their Foreign Ministries and diplomatic or consular missions, in their
official correspondence with Yugoslav authorities, began to avoid the usual rules and
formulas of diplomatic communication, resulting in further tensions and emotional
attitudes taking an unnecessary and extremely negative direction. Some of this
communication ceased when the Yugoslav authorities started simply ignoring the requests
addressed by foreign missions in such a highly non-diplomatic manner. They openly refused
to deal with these requests, especially concerning issues essential to diplomatic missions
and their staff.
Representatives of some states having embassies in Belgrade went so far as to claim
that they did not recognise Yugoslavia as such, and that such a state did not exist for
them. This proposition was officially supported and evidenced also by decisions of the
courts and other authorities from these countries. It is interesting to note that the
majority of these states were the first to send ambassadors to Belgrade immediately after
sanctions against Yugoslavia were lifted, and have accepted the appointments of Yugoslav
ambassadors in their territories. Is this a tardy admission of a mistake made, an apology,
or an attempt to forget unusually arrogant behaviour for the sake of common interests?
It should be noted that despite the sanctions, Yugoslav missions and Yugoslav
diplomatic representatives in a number of countries enjoyed normal conditions of life and
work and were not discriminated against or ignored in any way, as they were in the
above-mentioned countries. However, they too, both in personal life and especially in
their work, felt the same serious effects of sanctions as the entire Yugoslav diplomatic
network world-wide.
Some of these serious effects include the banning of communications, particularly air
services with Yugoslavia, and suspension of payments transactions. These measures severely
affected the operations of a service which depends on mobility and extensive contacts with
the world. The most drastic example of this disadvantage was failure by the Yugoslav
delegation to attend an important hearing before the International Court of Justice, which
was not scheduled ahead of time. Therefore, Yugoslavia was represented at the hearing only
by its charge daffaires in The Hague and by a legal representative from Jerusalem
who was able to arrive in The Hague within twenty-four hours, which the Yugoslav
delegation could not.
A specific additional obstacle was presented by the visa regimes introduced by many
countries immediately after sanctions were imposed and while they were in place. They
suspended bilateral conventions with Yugoslavia on the abolition of visas and slowed down
or made more complicated processing of entry visas for Yugoslav citizens.
Except for contacts between the Foreign Ministry and foreign missions in Belgrade and
the receiving states - which were, as already pointed out, reduced to a minimum in many
countries - Yugoslavia had few opportunities to take advantage of special missions while
sanctions remained in force. Yugoslav delegations were reluctantly received in a number of
countries, while few delegations from abroad came to Yugoslavia. The exceptions were the
various international organisations involved in the solution of the Yugoslav crisis.
In 1992-93, the president of Yugoslavia authorised so-called "special
representatives" in a few European countries; representatives who acted alongside and
in parallel with the diplomatic missions of Yugoslavia. They were eminent public figures,
academicians and university professors of high standing in the receiving states. Their
performance in public relations and contacts with the authorities were sometimes much
better than that of ordinary diplomatic representatives. While the contributions of
special representatives in France, and Germany in particular, were rather modest,
primarily due to resentment and a less co-operative attitude by the Foreign Ministries and
governments of these countries, the special representative in Rome managed, in
co-operation with the Yugoslav Embassy there, to arrange a Yugoslav-Italian meeting at the
highest level. Of course, this achievement was also the result of a much better
understanding on the Italian side for the problems faced by a neighbouring country and of
a much less formal approach by Italy to a country under sanctions.
Incidentally, Western European countries were highly restrictive in their contacts with
officials from Yugoslavia, including officials from the Ministry of Foreign Affairs. For
example, the British Foreign Office refused to meet even informally with a Yugoslav
assistant foreign minister on a private visit to London. The same thing happened in
Germany, where the prime minister of a provincial government refused to see a Yugoslav
official of the same rank during his visit (allegedly, on instructions from the German
Foreign Ministry). At the same time, however, the Foreign Ministries of Germany, France
and Austria accepted even official visits from Yugoslav assistant foreign ministers in
charge of consular affairs.
During the application of sanctions, Yugoslavia and its Foreign Service made a number
of very useful contacts with members of Parliaments of some countries, the very same
countries whose governments had a restrictive attitude towards Yugoslavia. (That national
Parliaments had a much greater understanding for Yugoslavia than their governments is
demonstrated by the fact that unlike the Security Council and General Assembly of the
United Nations, the Inter-Parliamentary Union, except for a few major attempts by some
countries to deny it, has explicitly recognised the continuity of Yugoslavia.)
By preventing Yugoslavia and Yugoslav diplomacy from participating in the work of
international organisations, including suspension from the Organisation for Security and
Co-operation in Europe, General Assembly Resolution 47/1 totally isolated Yugoslavia from
an important process in international relations. Considering that only two states have
gone so far as to sever diplomatic relations with Yugoslavia, the recall of ambassadors
and reduction of the diplomatic staff in a number of countries have not had such a bad
effect on Yugoslav diplomacy as its isolation in international organisations. To make
matters worse, Yugoslav representatives were not even allowed to attend meetings scheduled
to discuss their own country. Although this measure was regarded in those organisations
more as a punishment than as a legitimate statutory decision, removal of a member country
from an organisation surely cannot be productive for any of the countries involved. Hence,
the dialogue between Yugoslavia and these organisations sometimes resembles the dialogue
of the deaf.
Although it has been two years since sanctions were lifted, Yugoslavia has not yet been
reintegrated into the international community. Specifically, Yugoslavia has not yet been
enabled to participate in international organisations, universal or regional. In fact,
sanctions remain in place in the form of a "outer wall" of sanctions, on which
there is no formal decision but the consequences of which are unambiguous and tangible.
One of the results of such a policy is the radicalisation of public opinion in
Yugoslavia, i.e., a marked rise in support for political parties interpreting UN measures
as a conspiracy against Yugoslavia and concluding that Yugoslavia has no place in such an
organisation. This is best illustrated by the results of the two rounds of presidential
elections in Serbia in December 1997. The causes of these election results should be
sought also in the way in which sanctions were introduced and extended, as well as in
their very nature and purpose. Sanctions affect the masses and often produce precisely
opposite effects from those intended. Damage is also done to neighbouring and other
countries through the interrupted flow of economic traffic.
The various levels of enforcement of sanctions and co-operation with the UN
Sanctions Committee have demonstrated that even the specific items detailed in the
relevant Security Council Resolutions were implemented in ways dictated by the political
and economic interests of the countries sitting on the committee. There is a separate
committee at the UN for each country under embargo and each of these committees has its
own rules of procedure and policy. However, this is not the time or place to discuss the
inconsistency of the UN Sanctions Committee on Yugoslavia in implementing the Security
Council Resolutions, the unwieldy procedure, the delays and the refusal to grant
authorisations in even the most urgent humanitarian cases. Suffice it to mention the
examples of the prohibition of the import of heating gas and the refusal to allow the
transport of oxygen for a hospital, on account of which a dozen prematurely born babies
died.
Yugoslav diplomacy had contact with the Sanctions Committee only through its Permanent
Mission to the United Nations in New York. However, in view of the fact that applications,
as a rule, were made directly to the Committee by the importing country, the experiences
Yugoslavia gained in that context cannot be viewed as positive.
There is another type of sanctions which were not described in any Security Council
Resolutions but which Yugoslav diplomacy experienced as a major impediment to its normal
work. That was the ignoring and denying of the rights of Yugoslavia as a state, party to a
number of international multilateral agreements. Regardless of the fact that the UN
Secretariat and the depositories of these treaties consider Yugoslavia to be a full party
to the treaties, Yugoslavia was prevented on several occasions from participating in the
review conferences of the party states envisaged under these treaties. Oddly enough, the
treaties are the Non-Proliferation Treaty (NPT), and international human rights covenants,
treaties in the acceptance and implementation of which the international community is
vitally interested.
The activities of every foreign service is determined by internal developments, its
policy and by its international position. This is true of the Yugoslav Foreign Service in
general and during the application of sanctions in particular. Were its activities so
targeted as to achieve optimum effect under the given circumstances, or was there room for
even more intensified and flexible forms of activity? Were all possibilities offered by
the regular diplomatic channels, although limited and reduced during the time of
sanctions, fully utilised? Or should informal contacts and co-operation have been more
used, including greater use of para-diplomacy? These questions all deserve an in-depth
analysis.
It would be incorrect to say that all opportunities were optimally used. In particular,
the recall of some ambassadors for formal reasons only and the failure to appoint heads of
missions and to fill vacancies at the missions in the countries where it was possible,
were ill-considered. The opportunity was missed to better equip the diplomatic network for
the critical period of sanctions and isolation of the country.
It is generally known that in the media war which followed the Yugoslav crisis,
Yugoslavia and its diplomacy were the weaker and less organised side, even though the
struggle for the hearts and minds of the public, especially at such a critical time, was
one of the most important tasks and most decisive factors. While in the media the Yugoslav
effort was weak, the contribution of Yugoslav diplomacy to the efforts aimed at a peaceful
settlement of the conflict, at general stabilisation in the region and, therefore, at a
formal lifting of sanctions, is more evident, particularly in light of the obstacles and
restrictions it had to overcome.
Very soon after the lifting of sanctions, Yugoslavia has succeeded in fully normalising
relations with most countries of the world, and in a very short span of time the number of
ambassadors accredited in Belgrade has risen sharply. The same is true of Yugoslav
ambassadors, although the number of their accreditations is slightly smaller, solely
because of hesitation on the Yugoslav part. However, re-integration of Yugoslavia into
international organisations and the so-called "outer wall" of sanctions still
remain a problem facing Yugoslavias Foreign Service and also Yugoslavia as a whole.
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