Bosnia-Herzegovina: Whether a deserter, or someone who refused to serve in the Serbian or Yugoslav army and was imprisoned until 1995, would be refused a Bosnian passport as a consequence of that desertion or refusal to serve
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1999 |
| Citation / Document Symbol | BOS32187.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Bosnia-Herzegovina: Whether a deserter, or someone who refused to serve in the Serbian or Yugoslav army and was imprisoned until 1995, would be refused a Bosnian passport as a consequence of that desertion or refusal to serve, 1 July 1999, BOS32187.E, available at: https://www.refworld.org/docid/3ae6abff28.html [accessed 2 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to Article 1 of the Federal Amnesty Law (Federation of Bosnia and Herzegovina), amnesty "is applied to all persons who have by December 14, 1995" committed "the criminal act of not responding to a military call and avoiding of military service by making himself incapable or by imposture and voluntary leaving and escape from armed forces foreseen in Article 8 of Application Act of Criminal Act of the Republic of Bosnia and Herzegovina and Criminal Act" (1 July 1996). However, according to Article 2 of the Amnesty Law (Republika Srpska) "citizens of the Republic of Srpska who committed the criminal acts of: not responding to the summons and avoiding military service from Article 214; self-willed leaving and desertion from Article 217 of the Criminal Law of Republic of Srpska, shall be excluded from amnesty" (4 July 1996).
According to the Chief of Staff of the Ambassador's Office of the Embassy of Bosnia and Herzegovina in Washington, D.C., a person who refused to serve in the Serbian (Yugoslav) army would be regarded in Bosnia as a "patriot" (14 July 1999). Consequently, that person would not be refused a Bosnian passport for those reasons.
The Executive Director of the Open Society Fund in Sarajevo supported this statement. In a 15 July 1999 telephone interview he referred to the general amnesty and said that consequently a refusal to serve in, or desertion from, the Serbian, or Yugoslavian, army in 1991 would not be a reason to refuse to issue a Bosnian passport in 1998. He said that this would be true both in the Federation of Bosnia and Herzegovina and in the Republic of Srpska.
During a 15 July 1999 telephone interview the Director of the International Crisis Group (ICG) in Sarajevo stated it would "not be a problem" for a person who refused to serve in, or deserted from, Serbian or Yugoslavian forces, to be issued a Bosnian passport in Sarajevo in 1998. However, he stated that the situation in Bosnia was "confused" in 1991. He said that the Serbian army, with the support of the Yugoslavian army, was fighting against Muslim and Croatian forces and that it took a while for the Serb forces to be separated from those of Yugoslavia. As such, although the person described may have been entitled to a Bosnian passport they might have encountered "administrative delays" if they applied for the passport in the Serbian Republic of Srpska.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Bosnia and Herzegovina (Federation of Bosnia and Herzegovina). 1 July 1996. Federal Amnesty Law (Federation of Bosnia and Herzegovina). (REFWORLD)
Bosnia and Herzegovina (Republika Srpska). 4 July 1996. Amnesty Law (Republika Srpska). (REWORLD)
Chief of Staff of the Ambassador's Office, Embassy of Bosnia and Herzegovina, Washington, D.C. 14 July 1999. Telephone interview.
Director, International Crisis Group (ICG), Sarajevo, Bosnia-Herzegovina. 15 July 1999. Telephone interview.
Executive Director, Open Society Fund, Sarajevo, Bosnia-Herzegovina. 15 July 1999. Telephone interview.
