Yugoslavia: Compulsory military service; whether a Yugoslav male who received an exemption from military service in 1993, at age 19, on the basis of "age and emotional maturity" would now be subject to conscription

According to the United Kingdom's Immigration and Nationality Directorate, men between the ages of 18 and 27 must perform military service (Apr. 2002).

According to Tanjug, a state news agency, amendments to the Law on the Yugoslav Army adopted by the federal parliament in December 2001 reduced the length of military service from 12 to 9 months and the length of alternative service from 24 to 13 months (27 Dec. 2001). These changes were expected to apply to individuals conscripted in September 2001 (ibid.). Individuals who opt for alternative service are required to serve in public or health institutions (SDA 26 Dec. 2001).

Under the previous legislation, military service had several forms: the 12-month regular service with weapons, or service without the use of weapons in a military unit or institution as well as civilian military service, both lasting 24 months (BETA 21 Mar. 2001). Recruits were sent to the army between the ages of 21 and 27, or in some particular cases between the ages of 18 and 35 (ibid.).

The official Website of the Yugoslav army describes the military obligation of Yugoslav citizens as follows:

Military obligation is regulated by law as a right and duty of all citizens to fulfill certain actions regarding defense of the country.

Military obligation is general, all Yugoslav citizens are subject to it regardless of their whereabouts, and its goal is education and training for the defense of the Federal Republic of Yugoslavia.

Military obligation includes: recruiting, compulsory military service and reserve personnel.

Military obligation starts in the beginning of the calendar year in which a Yugoslav citizen reaches seventeen years of age and lasts until the end of the calendar year in which person subject to military conscription reaches sixty years of age, i.e. until the moment when his Yugoslav citizenship expires.

Military obligation is a basic way of filling the ranks in peace and wartime and represents a duty of the citizens to carry it out as regulated by the appropriate law.

Recruiting

Recruiting is a process which, on the basis of health, psycho[logical] physical and other capabilities, gained qualification and knowledge of the recruits, establishes for which branches or arms recruits will be selected (VES).

Sending recruits to military service

Recruits are sent to serve the military obligation when they reach 21 years of age, or earlier upon personal request and in case they reached 18 years of age in that year (and if they were judged as "fit" or "partially fit" for military service). Recruits studying at universities can postpone military service until they graduate from a faculty, or advanced school, but until the end of November in the year in which they reach 27 years of age at the latest.

Realization of recruiting plans in 2000 exceeded 100%, which proves high motivation among recruits to fulfill legal obligations. Large number of recruits go to the army earlier upon personal request, in order to satisfy numerous vital questions as soon as possible (job, traveling abroad, etc.).

Measures against those who fail to respond

Territorial Army (VTO) takes legal measures against the recruits who fail to respond to the order to report for military service: brings violation charges [or] criminal charges, issues arrest warrants, requests for confiscation of passport and makes decisions on extending draft obligation to 35 years of age (n.d.).

However, Country Reports 2001 claims that legislation on compulsory military service was implemented "sporadically" (4 Mar. 2002). It is not clear from the report whether this trend concerns legislation enforced before or after December 2001.

No information on whether a Yugoslav male who received an exemption from military service in 1993, at age 19, on the basis of "age and emotional maturity" would now be subject to conscription could be found among the sources consulted by the Research Directorate.

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. Please find below the list of additional sources consulted in researching this Information Request.

References

BETA [Belgrade, in Serbo-Croatian]. 21 March 2001. "Yugoslav Army Officials View Implications of Proposed Change in Military Service." (FBIS-EEU-2001-0321 21 Mar. 2001/WNC)

Country Reports on Human Rights Practices for 2001. 4 March 2002. "Yugoslavia, Federal Republic of." Washington, DC: US Department of State. [Accessed 30 May 2002]

Schweizerische Depeschenagentur AG (SDA). 26 December 2001. "Le service militaire en Yougoslavie ramené de 12 à 9 mois." (NEXIS)

Tanjug [Belgrade, in English]. 27 December 2001. "FRY Chamber of Citizens Approves Reduction of Military Service to Nine Months." (FBIS-EEU-2001-1227 27 Dec. 2001/WNC)

United Kingdom Immigration and Nationality Directorate (IND). April 2002. Country Assessment. "Federal Republic of Yugoslavia." [Accesses 30 May 2002]

Yugoslav Army. n.d. "Military Obligation." [Accessed 30 May 2002]

Additional Sources Consulted

IRB Databases

LEXIS/NEXIS

Unsuccessful attempts to contact the military attaché of the embassy of the Federal Republic of Yugoslavia in Washington, DC.

Internet sites including:

Alternative Information Network (AIM) [Paris]

Amnesty International

Balkan Human Rights Web Pages

Le Courrier des Balkans [Villejuif, France]

The Federal Republic of Yugoslavia (FRY) (official Website)

Helsinki Committee for Human Rights in Serbia [Belgrade]

Human Rights Watch

Humanitarian Law Center [Belgrade]

The International Crisis Group (ICG) [Brussels]

International Helsinki Federation for Human Rights

Law Library of Congress

Radio Free Europe/Radio Liberty (RFE/RL) [Prague]

World News Connection (WNC)