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Who are we?
We are citizens of Serbia and Montenegro, either born abroad,
migrated as children or left the country during 1990s, unwilling
to participate in the senseless wars in the region of former
Yugoslavia, hoping to find better life, both for us and our
families. All of us hoped that one day we would be able to
contribute to our country once again with our knowledge and
experience.
We have a common serious problem. Our country, Serbia and
Montenegro, has given us an ultimatum: either to fulfil the
conscription duty, or to fulfil our moral responsibilities towards
our families. Doing both in our situation is impossible.
Such an ultimatum has one meaning only – Serbia & Montenegro is
rejecting its own citizens. We are denied of the rights granted by
the core of the country’s law. Furthermore, our country does not
observe the public decrees issued. While doing so, the country has
proclaimed us criminals and closed its borders on us. On the other
hand, the communities where we live and work abroad accept,
respect and value us as rightful members.
Finally, those of us who want to renonunce Serbia & Montenegro
citizenship are also denied of their right. The apparatus closed
the magic gates of its bureaucratic maze on us by conditioning
citizenship renouncement with conscription duty fulfilment.
Our demands
We do not ask for a special status. We do not see ourselves as
more privileged citizens than those living in Serbia and
Montenegro. We simply ask for the rights granted by the law of the
army of Serbia and Montenegro (even if it is quite inadequate for
21st century Europe) and those rights granted by the civil
authorities to be respected.
To summarise, we:
1. Demand for all conscripts with dual nationality to be able to
practice the right, withheld under Article 305 of the Law of army
of Serbia and Montenegro, which states that conscripts with dual
nationality, living abroad, can not be drafted, unless they wish
so. Those individuals should request a permission if they wish to
complete their military service. Blatantly, the army high command
refuses to apply this law due to a loophole that allows it to
decide whether the conscript lives abroad permanently or not. If
it decides that the conscript for any reason does not live abroad
permanently, according to its own interpretation, the Article 305
of the law is not applied. Valid applications to the high command
are refused in almost all cases with a reply consisting of five
words only: “conscript does not meet the criteria”. E.g. even
those with Canadian citizenship that permanently live in Canada
are officially disallowed to live in Canada.
2. Demand that the decree adopted by the elected civil authorities
and the defence minister is observed. This decree regulates the
rights and obligations of conscripts who live abroad. The decree
allows the men above the age of 27 be given a permission to reside
abroad. It is based on employment, studies, financial
responsibilities, mortgages, marriage to an alien, medical
treatment, company ownership, etc. The apparatus does not apply
this decree, while it is unclear which institution should apply
it, due to the bureaucratic chaos that exists between the ministry
of defence, the foreign ministry and the army high command.
3. Demand that the criminal records raised against conscripts, who
have tried to obtain their rights described under (1) and (2) but
where unsuccessful, are cleared by an amnesty. This is due to the
criminal records being filed due to serious omissions by the state
(or in other words the army) and not by the conscript.
4. Demand that the condition that prevents renouncement of
citizenship is lifted.
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