November 18, 2005

KiM Info Newsletter 18-11-05

Human and Minority Rights in Kosovo - Serbian and Albanian views

Kosovo is the only region in Europe where international standards are not respected

By Jelena Markovic,
Assistant Minister of Human and Minority Rights of Serbia-Montenegro

In reality, the situation in Kosovo is such that Serbia-Montenegro is not in a position to exercise any of the powers granted to it by Resolution 1244 and has very little access to information, especially that concerning the interim institutions and UNMIK. Therefore, the Ministry of Human and Minority Rights of Serbia-Montenegro, the Coordinating Center for Kosovo, and other institutions of the state union and Serbia derive information from indirect channels. When it comes to human rights, the international ombudsman and international organizations are good sources. However, there is a problem in that the U.N., when its views are expressed by officials representing the U.N. administration, does not give adequate assessments of the actual state of affairs. If one speaks of improvement in the realm of human rights, there has to be a set of criteria used to measure that improvement against the initial situation. Sometimes the statistics look encouraging when you look only at the percentages, but the other figures show that just several families are returning to Kosovo per year, which paints a dismal picture.

Statistics can be very misleading when it comes to people and their fates. Kosovo is nowhere near complying with human and minority rights standards, not in comparison to Serbia-Montenegro, which is in the top level in Europe, but other European countries. Without any doubt, the situation in Kosovo is unparalleled by any other part of Europe. People there live in the worst possible conditions and their human and minority rights are entirely unprotected. There are few places in Europe where a complete segment of rights -- from the freedom of movement, the right to life, the use of one's native language, return to one's property, education and so on -- is endangered. Kosovo is the only area in Europe where international standards are not respected. We have tried to get the interim institutions to enforce the Conventions on Human Rights, which are adhered to in Serbia- Montenegro and supersede domestic legislation, since Kosovo remains a part of Serbia-Montenegro. UNMIK has closed bilateral agreements with the Council of Europe binding it to respect the Framework Convention for the Protection of National Minorities and the Convention Against Torture. However, very little has been done about this in Kosovo. The fact is that independent monitors representing the Council of Europe have yet to be allowed to visit prisons in Kosovo and this speaks volumes about UNMIK's readiness to supervise the implementation of the rights and freedoms of man. The Council of Europe's Committee Against Torture has the right to enter any prison in any country at any time without prior notification. Negotiations that have been in progress for four years already have sought to secure adherence to international human rights conventions, which illustrates the mood in the province when it comes to international obligations and norms. It is ironic that Kosovo is still part of Serbia-Montenegro, a country where international conventions are fully enforced and where this is closely watched. Given that UNMIK, not the interim institutions, has signed these agreements, the responsibility for not implementing international human rights standards lies with UNMIK. The Council of Europe ended up waiting for a minority rights report from UNMIK for over a year and a half and the report has yet to be released.

Then, all of a sudden, right ahead of the beginning of negotiations on the final status of Kosovo, Pristina started taking action to enforce certain international norms. This is commendable, but it has given rise to suspicions about the sincerity and duration of these efforts. It is problematic that the Council of Europe's committee supervising the implementation of the Framework Convention for the Protection of National Minorities has been allowed to visit Kosovo only two weeks ago. One thing that is little talked about is the fact that UNMIK has oddly begun to insist on the readmission of citizens who have lost their right to residency in Western Europe to Kosovo, and also that minorities cannot be readmitted until their safety can be guaranteed. Without consulting Serbia-Montenegro, UNMIK signed an agreement with Germany on the return of non-Albanians to Kosovo through the readmission process, with UNMIK tasked with ensuring their safety. However, if you take a look at the situation so far and the fact that minorities do not enjoy even basic security in Kosovo, how will these individuals, two-time refugees, after being sent back from Switzerland, Germany, the Netherlands and so on, and now refugees in Kosovo, be able to exercise their elementary rights when not even those who have been trying to do so since 1999 have succeeded?

From the viewpoint of a person who has been professionally involved in human rights it is very difficult to compare the situation in Kosovo with that anywhere else in the world. For example, in the realm of education, minorities have the right to education at all levels, bilingualism, courses, and precedence in jobs that require degrees. Yet in Kosovo children are followed to school by police or military escorts. A successful education means any kind of education without losing life or limbs. Education quality is a secondary matter altogether given such conditions. The situation is little different when it comes to the protection of rights such as that to cultural identity, information access, and official use of a minority language.

I want to bring up another problem that is usually neglected in Kosovo. Although the problem largely boils down to the relationship between Serbs and Albanians, there are ethnic groups in Kosovo that have sustained collateral damage on account of this relationship. I am primarily referring to Roma. The predicament of the Goranian and Bosniak communities are slightly different in that they have been partially integrated in the institutions of government and enjoy partial access to them. The position of Roma in Kosovo is alarming, however. They are living in conditions that are entirely inadequate when it comes to hygiene, such as the Plemetina camp, where they are dying of infectious diseases, entirely isolated, in poverty, struck by hunger. Nobody is reacting. What little action has been taken to solve their problem and status has been insufficient and used for political gain. If it is clear that Roma largely live in Serb communities, mostly because of the language barrier, and if internally displaced Roma are leaving Albanian parts of the province for those populated by Serbs, then their future place is obvious. Despite this, the actions of the international community in this regard have been inexplicable, such as building a Roma settlement in the southern part of Kosovska Mitrovica. This region is supposed to house returning Roma, who would then be surrounded by Albanians and exposed to a potential exodus and extermination. It is apparent in advance that Roma will not agree to live there and what is the result? That money designated for housing for Roma will continue to be spent in majority Albanian areas.

If we want to deal with the problems faced by other minorities, we should do so in a way that suits them instead of having Belgrade or UNMIK try to deal with these issues without their approval. I am not trying to say that given enough time Roma and other non-Albanians will not be able to live in Albanian communities, or that a multiethnic Kosovo is impossible, but that it is not possible at this time. The worst thing that one can do is to experiment with multiethnic principles using Roma, the most vulnerable group. Kosovo Serbs are mostly organized and can rely on the institutions in Belgrade, but the Roma are wide open to all types of manipulation, just as they were targeted by assimilation efforts in the past.

The determination of Kosovo citizens for a democratic, functional and progressive state for all citizens, irrespective of ethnicity or religion can be clearly seen in all its institutions, laws, and resolutions passed by the Parliament, in the government’s program, as well as in the municipal programs.

Kosovo had two fair parliamentary elections evaluated highly by the international community, in which all its citizens and political entities could participate and represent their interests. Regardless of this fact, 20 out of 120 seats in the Parliament were reserved for non-Albanian communities, in addition to the seats they won during the elections, which is a unique case in the region.

I also need to emphasize that during this period, the Parliament has approved a large number of laws and resolutions, which are in the interest of all Kosovo citizens.

The ethnic structure of Kosovar MPs, except Serbs, reflects the ethnic structure of Kosovar citizens. So majority of them are Albanians, but there are also MPs representing Turkish, Bosniac, Askali, Roma, Egyptian, Goran and Serb communities.

The minorities make almost 12% of employees in the public sector and our goal is to increase this rate up to 16.6% by the end of this year. But the boycotting Kosovar institutions from the side of Serb community has made difficult for us to achieve this goal.

It is difficult to talk for full respect of human rights, when according to the World Bank assessments over 52% of people here live in poverty.

The level of human and community rights protection varies from the aspects of life and work. We have not a desirable progress over these rights in the areas where the competences are reserved for internationals (UNMIK and KFOR), such as in security, justice, socially owned and publicly owned property management, etc.

The negligence of Kosovo Trust Agency in the privatization process did not allow those who were earlier employed to get back their jobs, whereas the legal right over the 20% of the sold enterprise that belongs to workers is being realized with long delays.

The aspects of security and freedom of movement is below its normal and desirable level, regardless of the progress achieved. We have several parallel institutions in Serb enclaves, especially in the north of Mitrovica. This happens because of UNMIK and KFOR hesitation to control the entire territory of Kosovo, for what they are also obliged by the UNSC resolution.

The citizens who are in small numbers there do not have their essential right of electing or being elected in the municipal authority structures. I am talking for the residents of Koshtova, Bistrica, Cerraja in Leposavic municipality and for the residents of villages Kelmend, Zhazha and Boletin in Zvecan.

Each political entity and each community had its opportunity to elect its representatives in the Municipal Assembly. However we should emphasized a case in the Municipality of Mitrovica in 2002, when Special Representative has invalidated the free vote of the citizens.

Great progress in the area of human and community rights has been achieved in the area of education, whereas the health sector has gone through a good transformation, for the good of all the citizens.

The fact that radios and televisions in Kosovo broadcast programs in Albanian, Serbian, Bosniac, Turkish and Roma language shows the great progress that has been made in the area of information, without going through a deep analysis of program schedule.

There area 26 radios in Serbian language in Kosovo. Only in Gracanica, an area with some 3500 residents, there are three radio stations in Serbian.

Serbs make up the largest number of employees in the Ministry of Communities and Return (MCR), headed by the Serb Minister, Slavisa Petkovic. MCR in cooperation with other partners in the Working Group for Return (including UNMIK, UNHCR and KFOR) have prepared the Strategic Framework for Return for 2005.

In order to improve the further implementation of human rights and rights of communities:

1. We need to intensify the process of final status settlement – independence of Kosovo, so the citizens could understand that they need to address their problems I Prishtina and not in Belgrade.

2. We need to create new ministries and to see a power handover to locals in the area of police and justice, which is necessary.

3. Government and political leaders should work persistently with citizens from all the communities in democratization of the Kosovo society.

4. We need to reform the election system, and together with it to ensure an affordable representation of all communities, in central and local level.

5. We need to continue the process of reconciliation between the communities, which has become worsened because of war and Serbian suppressing policy in Kosovo.

6. Kosovo government institutions, including the Presidency, Parliament and the Government should permanently prove that they are determined to establish good neighboring relations and that they strongly support the regional stability.

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