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UNHCR/OSCE
Update on the Situation of Ethnic Minorities in Kosovo (Period covering
February through May 2000)
Report
on Minorities in Kosovo (June 2000) PDF version
Previous
OSCE/UNHCR Reports on Kosovo Minorities:
Executive summary
Security remains the overriding concern for ethnic minorities
in Kosovo. This fifth joint
UNHCR/OSCE report examines security trends and incidents affecting minorities
from
February through May 2000. The report also looks beyond the question
of security, to focus
principally on ways in which lack of security and freedom of movement,
as well as such
issues as language policy, cause many minorities to be sidelined from
Kosovo society in
almost all aspects of life. The report examines health care, education,
social welfare, public
utilities, and other public services, issues which do not catch the
headlines, but which
illustrate the complexity of the nature of minority protection, and
the necessity of paying
close attention to minority needs in all aspects of Kosovo's administration.
The report comes
at a time when notable improvements in minority participation in political
structures are
taking place, including provisional Kosovo Serb participation in the
Joint Interim
Administrative Structure, increased dialogue between Kosovo Roma, Ashkaelia,
and
Egyptian leaders and Kosovo Albanian leaders, and the nomination of
a Kosovo Roma
representative to sit on the Kosovo Transitional Council. However, it
also comes at a time
when security problems for minorities continue to be highlighted by
incidents of harassment,
intimidation, arson, assault, kidnapping, and murder.
Lack of security and freedom of movement remain the
fundamental problems affecting
minority communities in Kosovo. Criminal activity remains unacceptably
high, with a
continued shortfall in UNMIK Police staffing, and the lack of a properly
functioning and
impartial judicial system. Crime continues to affect minorities at levels
disproportionate to
their numbers. Serbs, who are the hardest hit, were identified as the
victims in 105 incidents
of arson, 49 incidents of aggravated assault, and 26 incidents of murder
reported throughout
Kosovo between 30 January and 27 May 2000. In contrast, Albanians, with
a significantly
larger population, were identified as the victims in 73 incidents of
arson, 90 incidents of
aggravated assault, and 52 incidents of murder reported during the same
period. Of particular
concern is the situation in the Gnjilane/Gjilan Region, where a spate
of bombings and
shootings against Serbs has left many dead, and has led to an overall
escalation of violence.
In Kosovo Polje/Fushe Kosove and Obilic/Obiliq, there was a significant
increase in arson
against Serb and Roma property during the past months. The situation
in Kosovska
Mitrovica/Mitrovice, which was the focus of attention at the beginning
of the reporting
period, also continues to be of concern, and it is not yet clear whether
the establishment of a
confidence area in the middle of the divided town will lead to major
improvements.
With continued violence and harassment, freedom of movement for many
minorities,
primarily Serbs and Roma, remains restricted. The KFOR-escorted UNHCR
bus lines, which have helped thousands of people to move beyond the
limited confines of their enclaves, were
suspended during a large part of the reporting period due to the 2 February
rocket attack
against one of them, which left two Serb passengers dead and three injured.
Most of the lines
have now resumed, and KFOR continues to escort commercial buses and
convoys of private
vehicles. The reality remains that Serbs and Roma in practically every
location in Kosovo
require a security escort to venture beyond the limits of their immediate
surroundings.
Language policy has significant consequences on the
ability of minorities to participate in
public life and access necessary services. While applicable law guarantees
the equality of
Albanian and Serbo-Croatian languages, as well as Turkish in areas populated
by Turks,
language policy in practice is far from uniform. The non-simultaneous
use of official
languages on public documents as well as simply the exclusion of the
minority languages in
many cases has created added difficulties for minorities.
Access to health care remains a problem for many minorities,
and serves to separate them
from the rest of Kosovo society. Although there are some examples of
shared health care
facilities, many minorities, and particularly Serbs, must rely on health
care services obtained
outside of Kosovo's normal health care system. Such services are provided
specially by
international organisations and KFOR or, in the case of Serbs, often
obtained in Serbia
proper. All of these options are problematic, with the former being
unsustainable, and in
some cases inadequate, and the latter encouraging departures from Kosovo.
Access to education is a similar problem, in terms of the reliance of
minorities on separate
systems. Shared educational facilities are still not the norm, with
many minority children
attending separate schools from the majority population, and requiring
security escorts to
reach them. In addition to inadequacies in space and equipment, the
issue of a common
curriculum remains to be addressed. Roma, Ashkaelia, and Egyptian communities
particularly suffer from a lack of access to education, and children
in these communities
largely do not attend secondary school due to both external factors
and pressures from within
their communities.
Social welfare services, public utilities, and other
public services are being put in place at
a time when obstacles to freedom of movement block minorities from inclusion
through the
normal systems. As systems are being developed, language problems, and
the difficulties in
reaching a population which is unable to visit offices located in majority
areas are becoming
increasingly evident.
Given this situation, it is essential that the international
community find creative and
practical ways to ensure that minorities have full access to public
services in Kosovo. The
report concludes with a list of recommendations to this effect, stressing
the overall point that
the onus must be on the providers of the public service systems themselves
to ensure
minority access.
Introduction
1. The fourth joint UNHCR/OSCE assessment on the situation
of ethnic minorities in
Kosovo provided a comprehensive overview of the main issues of concern
with respect
to the effective protection of remaining minority groups. In addition,
it included a
municipality by municipality assessment of each minority community in
Kosovo. In this
fifth report, we concentrate on the question of access to services.
As Kosovo moves
towards re-establishment of basic services in such areas as health care,
education, social
welfare, and public utilities, the question of minority access comes
to the fore. We
highlight the difficulties encountered by minorities in accessing basic
services and
underline the need for innovative responses to overcome these difficulties,
making
practical suggestions as to how this can be achieved.
2. The overall security situation and the resulting
limitations on freedom of movement
continue to be the major stumbling blocks inhibiting a return to normality
for minority
groups. Regrettably, violence continues to be a prominent feature of
minorities' everyday
lives. Even against a backdrop of steadily falling crime rates minorities
remain victims of
crime at levels disproportionate to their numbers. Incidents of violence
are cited in this
report as illustrative of the gravity of the situation facing minority
groups. However,
documentation of incidents of physical violence and intimidation against
minority groups
does not alone illustrate the complexity of the challenge of minority
protection. It is
necessary to look beyond the violence and concentrate on its effects
in order to get a
broader picture of the magnitude of problems facing minority communities
across the
province.
3. The rights assessed in this report are indivisible.
Without basic security and freedom of
movement, exercise of other rights becomes difficult or impossible.
While some
improvements in access to primary health care have been noted, these
improvements are
largely due to provision of special services, not because of improved
access to general
medical facilities. Separate provision of services by a range of international
agencies
continues to fill the gap. Roma continue to be particularly affected
by problems of access
to education. While some progress has been made in Leposavic/Leposaviq,
in villages in
the Pec/Peje region, and in Gnjilane/Gjilan, Roma children remain outside
the system in
many locations. The right to work remains an impossibility for many
minorities,
although unemployment impacts heavily also on the majority population.
Exercise of
civil and political rights, just as economic, social and cultural rights,
remains limited.
4. In looking at access to basic services, the divisions within Kosovo
society become
strikingly clear. For many communities, we see the continuation of essentially
two
societies, separate from one another in almost all aspects of life.
This is not new to
Kosovo (it has been the pattern for the past ten years) but since June
1999, the modality
of the separation has changed. Instead of relying on unofficial parallel
systems for such
services as health care and education, Albanians now dominate official
public life and
control normal public services. (The exception is, of course, the northern
Serb-controlled
municipalities, where the situation remains much as it had been over
the past ten years,
and where Albanians constitute a minority.) Minority groups now find
themselves
excluded from public life in many ways, and unable to access necessary
services through
the normal systems. The causes are multiple, including lack of security
and freedom of
movement, language barriers, discrimination, and intolerance. The end
result is that minorities must often rely on services provided specially
by international organisations
and KFOR, or those obtained from outside Kosovo.
5. The division is still primarily between Serbs and
Albanians, with Kosovo's other ethnic
groups falling somewhere in between. In many cases, these groups can
rely on one
system or another to access necessary services, but they are very conscious
of the fact
that their choices are perceived as signs of political loyalty. Roma,
Ashkaelia, and
Egyptians continue to face discrimination and intolerance. Roma and
Muslim Slavs
suffer from the fact that Serbo-Croatian 1 is generally their primary
language, which often
causes them to be mistaken for Serbs or serves to reinforce perceptions
of their political
loyalties, leading to harassment, violence, and discrimination.
6. It is essential that the international community
institute policies to ensure full access to
essential services by all Kosovars. Such policies must recognise existing
barriers to
freedom of movement. They must seek flexible ways to provide services
in spite of these
barriers, relying on outreach services where necessary, until freedom
of movement can
be restored. A common language policy must be instituted, addressing
the rights of
groups to preserve their linguistic and cultural identities and participate
in public life in a
practical way. Public enterprises must enforce codes of conduct incorporating
basic
principles of ethnic tolerance and respect, and must ensure equitable
representation of
minorities among their staff. The divisions within Kosovo society will
not be easily
overcome in the short term. It is, however, the responsibility of the
international
community to create structures which guarantee the inclusion of all
Kosovars, while at
the same time working to bridge the gaps between them and move towards
mutual co-existence.
Access to political structures
7. Notable improvements have been made with respect
to minority participation in
Kosovo's political structures. As the interim administrative structures
are gradually being
developed and assuming greater responsibility for the day-to-day running
of the
province, the participation of minority populations in their development
and operation is
crucial. In early April, the Kosovo Serbs, as represented by the Serb
National Council in
Gracanica/Ulpiana, ended their boycott of the Joint Interim Administrative
Structure
(JIAS). They nominated one person to sit on the Interim Administrative
Council (IAC),
three persons to sit on the Kosovo Transitional Council (KTC), and one
person to co-head
of the Department for Agriculture (pending a second nomination to co-head
the
Department of Labour). The nominees took up their positions shortly
thereafter. It should
be noted that the Serb National Council in Gracanica/Ulpiana limited
their participation
to observer status for a period of three months, after which they will
determine their
further long-term participation. They have made it clear that this will
largely depend on
measurable improvements in the overall situation for Kosovo Serbs, with
particular
reference to their security situation, progress in the return process,
and a number of other
issues. The Serb National Council in Kosovska Mitrovica/Mitrovice, however,
has not
agreed to participate, and the seat reserved for them on the KTC remains
vacant.
8. During the course of the reporting period, a number
of humanitarian round table
discussions, held under the auspices of UNHCR, provided Kosovo Roma,
Ashkaelia,
and Egyptian leaders with the opportunity to discuss issues of common
concern, both
amongst their constituent groups and also with the leadership of the
main Kosovo
Albanian parties. This process has resulted in the adoption of a Joint
Platform of Action,
endorsed by the IAC and the KTC on 28 April, which places the concerns
of the Roma,
Ashkaelia and Egyptian communities firmly on the agenda of the IAC,
KTC, and other
joint interim administrative structures. The over-riding goal of this
programme is to
promote the full and active participation of the Roma, Ashkaelia and
Egyptian
communities in Kosovo society. At the same time, UNMIK and OSCE have
undertaken
an initiative to increase representation by Roma, Ashkaelia, and Egyptians
in Kosovo
political structures. On 11 May, Roma community representatives from
around Kosovo
met and elected a Roma representative to participate in the KTC. This
is a major step
forward, and will hopefully soon be followed by the election of a representative
of the
Ashkaelia and Egyptian communities to join the KTC.
General security situation
9. Deployment of UNMIK Police has now reached a high
point of some 3,030 personnel 2 ,
as compared to only 1,970 at the release of our previous report. This
represents a marked
improvement in terms of staffing capacity to respond to the multitude
of policing needs,
but the number of available officers continues to fall short of the
4,718 authorised. The
number of local police officers (Kosovo Police Service) continues to
increase steadily as
cadets graduate the OSCE police training school and proceed to their
on-the-job training
under the tuition of UNMIK Police international officers. Of the 798
graduates to date of
the police training school, 95 are members of minorities, and 71 members
of minorities
are currently studying at the school. Co-operation between UNMIK Police
and KFOR
on policing matters continues, as the former have not yet assumed primacy
in all areas of
Kosovo.
10. Criminal activity in Kosovo remains unacceptably
high, and continues to affect
minority groups disproportionately more than the majority community,
based on
population sizes. The lack of a functioning impartial judicial system
continues to stand in
the way of the establishment of the rule of law in Kosovo, and to allow
crimes to be
committed, especially against minorities, with a large degree of impunity.
Kosovo-wide,
rates of reported crimes peaked during the first week of February, with
the violence and
unrest in Kosovska Mitrovica/Mitrovice, and then peaked again at the
end of March and
the beginning of April. During both peaks, the number of reported major
offences 3
committed against minorities actually exceeded those committed against
the majority
Albanian community. In terms of the proportion of the population affected
by major
offences, minorities remained disproportionately more affected throughout
the reporting
period, and quite seriously so during those peaks.
11. In terms of the types of major crimes affecting
minorities, arson was by far the most
prevalent during the reporting period. Between 30 January and 27 May
2000, there were
105 reported cases of arson committed against Serbs, 20 against Roma,
and 5 against
Muslim Slavs. In comparison, there were 73 cases against Albanians and
40 cases against persons of unknown ethnicity. Arsons committed against
minorities were mostly carried out in the Pristina/Prishtine Region,
and to a lesser extent in the Gnjilane/Gjilan
Region, and elsewhere. The next most prevalent major crime affecting
minorities was
aggravated assault, with 49 reported cases committed against Serbs,
2 against Roma, 2
against Muslim Slavs, 90 against Albanians, and 9 against persons of
unknown ethnicity
between 30 January and 27 May. The third most prevalent major crime
affecting
minorities was murder, with 26 reported cases committed against Serbs,
7 against Roma,
2 against Muslim Slavs, 52 against Albanians, and 8 against persons
of unknown
ethnicity between 30 January and 27 May. Grenade attacks appear to particularly
affect
minorities, but statistics are not available to track the occurrence
of such attacks
specifically, nor to compare their occurrence based on the ethnicity
of the victim.
Looting has almost disappeared from the crime statistics with only 3
cases noted in
February, none in March, 2 in April, and 1 in May. This may be attributed
to a degree of
underreporting or simply reflect the reality that there is little left
to loot from abandoned
properties.
Security issues in each region
12. The situation of particular concern at the beginning
of the reporting period was again
Kosovska Mitrovica/Mitrovice. A wave of attacks on Albanians, Muslim
Slavs, and
Turks in northern urban Mitrovica on the night of 3 February left eight
dead, and
prompted a large-scale exodus of minority families (in this case, non-Serbs)
from their
homes in the North. Over the following weeks, harassment and violence
against
minorities in northern urban Kosovska Mitrovica/Mitrovice continued,
and over 1,700
Albanians, Muslim Slavs, and Turks fled from the North to the South
between 2
February and 20 February. Many of those who remained found themselves
largely
confined to their homes, surviving on their remaining food or that which
neighbours
brought to them. The confidence area established in the centre of Kosovska
Mitrovica/Mitrovice has not stopped the violence and demonstrations
that have long
typified the situation in this divided city, which flared again at the
end of April.
Recognising that calm in such a situation cannot be restored overnight,
it is too early to
say whether the continued efforts to secure and expand the confidence
area will improve
the situation in the medium term.
13. In the Serb enclaves in rural Kosovska Mitrovica/Mitrovice,
Vucitrn/Vushtrri and
Srbica/Skenderaj Municipalities, security generally deteriorated in
the beginning of
February, and communities became increasingly isolated with the suspension
of the two
UNHCR bus lines and the UNMIK train service (intermittently suspended)
which linked
these enclaves to northern Kosovska Mitrovica/Mitrovice. The Serb communities
in
Banja/Banje and Suvo Grlo/Suhogerlle were especially shaken by the 2
February rocket
attack on the UNHCR bus, which killed two of their members and wounded
three,
dramatically highlighting the risks in travelling out of the enclave.
Fears were further
raised when two grenades were thrown at a Serb house in Suvo Grlo/Suhogerlle
on 4
February. The same day, a grenade attack was carried out against two
Serb houses in
Svinjare/Frasheri i Madh, rural Kosovska Mitrovica/Mitrovice Municipality,
injuring one
of the Serb occupants. KFOR has is looking into ways of improving security
in these
enclaves, but problems have continued, including the 19 May murder of
a Serb man in
Gojbula/Gojbuje, Vucitrn/Vushtrri Municipality.
14. At the end of the reporting period, signs of increased
violence and increased retaliation
became evident in the south-eastern municipalities of the Gnjilane Region,
most
particularly in Vitina/Viti. Concern here focuses both on the increased
number of attacks
and on the minority response; early signs are that this response is
itself increasingly
violent. Vitina/Viti remains of critical concern and Kosovo Serbs continue
to call for
improved security, threatening and carrying out retaliation where no
improvements are
seen. On 1 April, a Serb man was shot and wounded near his home in Vrbovac/Urbofc
by Albanians in a passing car. There was also a continued trend of attacks
with
explosives on Serb property and on Serb property recently purchased
by Albanians. An
explosion in a recently purchased Serb house on 18 April injured a four-year-old
girl,
and an explosion on 24 April destroyed a Serb house. On 30 April, a
Serb man was
injured when an incendiary device was thrown into his yard. On 28 April,
the Serb
Orthodox church in Grncar/Gerncare was blown-up by an anti-tank mine
rigged to a
timing device. The attack only narrowly missed harming some 150 Serbs
because the
Easter Friday Mass, initially planned to begin at exactly the time when
the mine
exploded, had been postponed for an hour. On 4 May, an explosive device
partially
destroyed a Serb home in Vitina/Viti Town, injuring one of the Serb
women inside. On 6
May, a Serb man was shot and killed while fishing near the village of
Klokot/Kllokot.
On 7 May, a Serb family was attacked by gunfire at while eating dinner
in their home in
Vitina/Viti Town, badly wounding a woman, a man, and a young girl, and
lightly
wounding another man. On 15 May, an explosion damaged a Serb house in
Binac/Binaq.
On 24 May, a fifty-one-year-old Serb man was shot three times and killed
in Vitina/Viti
Town.
15. In Urosevac/Ferizaj Municipality, there was an increase
in reported attacks and
intimidation against Ashkaelia in the Halit Ibishi neighbourhood of
Urosevac/Ferizaj
Town, leading to an increased focus on developing better links between
UNMIK Police
and the community there. The security situation for Ashkaelia in Dubrava/Dubrave
village also deteriorated, with a series of shootings, bombings, and
physical harassment
from 5 to 11 March.
16. Tension rose in Strpce/Shterpce Municipality in
March with increased pressure for
displaced Albanians to return to formerly mixed villages there. After
a clash on 12
March, in which a number of Albanian cars were damaged, Albanians disrupted
the
regular KFOR-escorted convoy of Serbs out of Strpce/Shterpce on 14 March.
Since then,
however, assessment visits and initial Albanian returns have occurred
without major
incidents.
17. The security situation in Gnjilane/Gjilan Municipality
was characterised by continued
murders, grenade attacks, arson, and other violence against the remaining
Serbs, both in
the town and in the rural enclaves. As in Kosovo Polje/Fushe Kosove,
the influx of
Albanians displaced from southern Serbia increased pressures on Serbs,
particularly in
Gnjilane/Gjilan Town. Over sixty Serb families sold their houses in
Gnjilane/Gjilan
Town and moved to Serbia proper between 1 March and 30 April, and it
appears that the
trend is continuing. Violent incidents in Gnjilane/Gjilan Town included
the murder of a
sixty-two year old Serb man, who was shot to death in his apartment
in front of his wife
by three masked individuals on 4 February, and the murder of a prominent
Serb doctor,
who was shot to death on 16 February. Another Serb was murdered on 9
April by an
Albanian posing as an interested house-buyer. A grenade thrown at a
Roma house in
Gnjilane/Gjilan, seriously injuring an elderly Roma woman on 27 April,
was the first
attack of its kind in this Roma neighbourhood since September 1999,
and has thus been
noted with some alarm. In rural Gnjilane/Gjilan, a Serb man was shot
to death while
tending his field in Pasjane/Pasjan on 29 April, and a grenade attack
caused serious
injury to a Serb in Cernica/Cernice on 5 April. Ten Serb families departed
Gornji
Makres/Makresh in the middle of March, following threats to the Serb
community there.
Harassment of Serbs in Paralovo/Parllove continued to be reported. On
9 May, a grenade
was thrown into a Serb store in Cernica/Cernice, injuring six Serbs.
On 28 May, three
Serbs, including a young child, were killed and two were wounded in
a drive-by shooting
within 100 metres of KFOR troops in Cernica/Cernice.
18. In Novo Brdo/Novoberde Municipality, the last remaining
Serb in Klobukar/Kllobukar
was stabbed in the chest on 14 February, and her body was discovered
the next day in her
burning house. Eleven Serb families from villages in Novo Brdo/Novoberde
fled to
Serbia following a shooting incident and the burning of two barns in
Sumaci on 28
March. Against this background, the Administrative Board and Municipal
Council
continued to function with mixed membership of Serbs and Albanians.
The situation
since the March outflows was relatively calm until the end of May. At
that time,
however, the Kosovo Serbs began to complain that low-level harassment
of their
community continued and they threatened to break off participation in
the municipal
administration if this harassment was not addressed. However in light
of the continued
mixed representation in the municipal government, Novo Brdo/Novoberde
could benefit
from projects and investments supportive of both communities that improve
quality of
life and income generation.
19. In Kosovska Kamenica/Kamenice Municipality, an elderly
Serb man was attacked and
injured in his home in Rajanovce/Rajnoc by a group of men on the night
of 7 February.
Sixteen Roma families departed from Ogoste/Ogoshte at the end of February,
after
receiving threats from Albanians displaced from southern Serbia. Displaced
Albanians
subsequently occupied two of the houses. Concern over the situation
on the internal
boundary with Serbia proper continues; while the situation was relatively
quiet during
April, the reported killing of 2 Albanians on 21 April and subsequent
incidents during
May have increased tension once more.
20. In Pristina/Prishtine Town, the remaining Serb population
continues to be largely
confined to their apartments, harassment continues to be reported, and
families continue
to depart. On 3 April, the body of a Serb man was found, bound and shot,
in the Grmija
neighbourhood of Pristina/Prishtine Town. In rural Pristina/Prishtine
Municipality, a
Serb farmer was murdered while tending his fields in Donja Brnjica/Bernica
e Poshteme
on 11 March, and a Serb man was found shot to death near Gracanica Lake
on 22 April.
On 15 May, a Serb UNMIK staff member was found dead in Rimaniste/Rimanishte,
after
having been apparently abducted and stabbed to death the week before
while carrying
out his work in Pristina/Prishtine. On 24 May, a Gorani woman was shot
and wounded
by an Albanian youth in the centre of Pristina/Prishtine, reportedly
because she could not
speak Albanian. A Serb man was found dead in Podujevo/Podujeve Municipality
on 18
February, with gunshot wounds to the mouth and eye, and with a car seatbelt
wrapped
around his neck and his identity card pinned to his chest. His car had
apparently been
forced off the road while he was attempting to return from Serbia to
a village in southern
Pristina/Prishtine Municipality.
21. There are indications that the arrival of displaced
Albanians from southern Serbia has
increased pressure on Serbs in Kosovo Polje/Fushe Kosove, and there
has been a
significant rise in arson against Serb houses in both Kosovo Polje/Fushe
Kosove and
Obilic/Obiliq. Serbs in Kosovo Polje/Fushe Kosove are increasingly selling
their
property. At least fourteen Serb houses, one Serb shed, and two Roma
houses in Kosovo
Polje/Fushe Kosove, and eleven Serb houses and one Serb garage in Obilic/Obiliq
were
set on fire between 1 February and 28 May. In some cases, houses were
robbed before
being burnt, and in other cases, houses which had been partially destroyed
in previous
attacks were burnt to the ground. In one case, a Serb family's house
was burnt while they
were visiting their next door neighbour. Serb houses in Obilic/Obiliq
and Kosovo
Polje/Fushe Kosove were also looted and subject to grenade and rocket
attacks on a
number of occasions, including a 26 May grenade attack which injured
five Serbs. On
the latter occasion, the grenade attack was followed by demonstrations
by local Serbs.
On 7 March, Albanian rioters smashed scores of Serb windows in Obilic/Obiliq
Town,
and on 12 March, a tent set up by UNICEF as a temporary school for Ashkaelia
children
in Kosovo Polje/Fushe Kosove was burned down. On 20 May, a fifty-one-year-old
Serb
man was shot twice and badly injured while tending his cows near Babin
Most/Babimoc.
22. In Lipljan/Lipjan Municipality, Serbs, Roma, and
Ashkaelia faced continuing
harassment and violence, including a number of grenade attacks, arson,
shootings, and
intimidation. At the 18 February opening of a school for Albanian and
Ashkaelia
children in Mali Alas/Hallac i Vogel, the Ashkaelia leader and the potential
Ashkaelia
pupils were attacked by a crowd of Albanians and forced to flee in the
presence of
KFOR. On the same day, two Serb men were murdered while collecting firewood
in
Donja Gusterica/Gushterice e Ulet, increasing fears and outrage in the
Serb community
there. Attacks on Croat and Roma houses in Janjevo/Janjeve increased
during March,
after the removal of the permanent KFOR presence there, and subsequently
decreased
when the presence was re-established. Serious incidents of violence
against minorities
then appeared to diminish, until on 26 May, an Albanian struck a Serb
with an axe in
Dobrotin/Mirate, which sparked violent protests by the Serb community
in the area. In
Lipljan/Lipjan Town, the continued pattern of harassment against Serbs
by Albanian
children has not ceased; verbal abuse, stone throwing, and vandalism,
particularly
directed against the elderly, remain evident.
23. Security concerns of Roma and Ashkaelia in Stimlje/Shtime
Town were noted,
including a grenade attack on a Roma house on 10 February. An Ashkaelia
man went
missing from Stimlje/Shtime Town in mid-March, and was found murdered
in
Urosevac/Ferizaj Municipality.
24. In Prizren Town, there was a continuing trend of
arsons and grenade attacks, mainly
against vacant Serb houses and occupied Muslim Slav houses and businesses.
The trend
was punctuated by a number of brutal murders and assaults, such as the
killing of a
Muslim Slav on 11 February and the beating of an elderly Serb woman
in her home on
28 March, which resulted in her death. In the latter case, a threatening
letter found at the
woman's home suggests that the attack was premeditated. Against this,
Roma Day
celebrations took place in April, bringing Roma in traditional dress
out in public. There
are some early signs in Prizren that the situation of Roma may be easing
slightly. In the
Zupa valley, tensions recently rose in the village of Drajcici/Drajciq
over the issues of
language of instruction in the Muslim Slav school and possible Serb
returns.
25. In Gora/Dragash Municipality, a prominent Gorani
man was murdered on 10 February,
and there were continued reports of house burnings and intimidation
against Gorani. On
1 May, an explosion badly damaged a Serb-owned house in Dragas/Dragash
Town after
the owner had reportedly received a threatening phone call. The community
remains
concerned about smuggling over the border with Albania. Initiatives
to develop dialogue
between Gorani and Albanian village representatives in the municipality
are still being
developed. Lack of investment and income generating projects remain
a problem in this
area.
26. In the Serb enclaves of Orahovac/Rahovec and Velika
Hoca/Hoce e Madhe, the
suspension of the UNHCR bus service between Orahovac/Rahovec and Kosovska
Mitrovica/Mitrovice caused a build-up of pressure within the community.
There were
three grenade attacks on 12 March, two targeting Serb houses and one
targeting a Roma
house. A shooting incident on 10 April, and fires in three houses on
the edge of the
Orahovac/Rahovec enclave on 11 April brought tensions to their peak,
with the Serb
community threatening to abandon the enclave en mass. (Although the
11 April fires
may have resulted from electrical faults, they nonetheless affected
perceptions of
security.) However, with the resumption of the bus service on 26 April,
and the
beginnings of reconciliation initiatives between the Serb and Albanian
leadership, the
situation has calmed somewhat.
27. In Pec/Peje Municipality, there was an increase
in violence from March to April. Attacks
were carried out on Roma, Egyptians, Muslim Slavs, and Serbs. Among
the more serious
incidents were the murder of an elderly Egyptian woman and two Egyptian
teenagers
near Ljesane/Leshan on 8 April, and the murder of a Roma man in the
Pec/Peje market
on 15 April. An alarming trend in mortar attacks included five mortar
rounds which
impacted near a group of Roma houses in the Gorazdevac/Gorazhdec enclave
on 10
March, and nine more which impacted in the enclave on 22 April. On 26
April, a Muslim
Slav in Vitomirica was attacked with a hand grenade. In neighbouring
Decani/Decan
Municipality, mortar rounds impacted near the Serb Orthodox monastery
on 27
February, and four mortar rounds were launched at a Muslim Slav house
in Donji
Streoc/Strellc i Poshtem on 26 March.
28. In Djakovica/Gjakove Town, there was a notable increase
in crime during March and
April, which appeared to disproportionately affect Roma and Egyptian
communities. As
elsewhere in Kosovo, the targeting of these minorities appeared to be
partly for ethnic or
political reasons, and partly for material gain, taking advantage of
the fact that
repercussions would be unlikely. The largely Egyptian Brekoc neighbourhood
was the
scene of much of this crime, including night-time shootings, house burnings,
and thefts.
By the end of April, however, the security situation appeared to be
improving.
29. Residents of the Serb enclave in Crkolez, Istok/Istog
Municipality, continue to have
security problems. They complain in particular of intimidation, lack
of freedom of
movement, and arson, including the 14 March burning of a Serb house.
There are also
reports of violence and harassment directed at the non-Serb minorities
scattered around
Istok/Istog Municipality. Muslim Slav houses in Dobrusa/Dobrushe were
subject to
grenade attacks on 19 March and 16 April. On 27 March, a Roma man was
found
strangled to death in Istok/Istog. 30. During March, it appeared that
Roma settlements in Klina/Kline Municipality, especially those in Klinovac/Klinefc
village, faced an increase in threats and insecurity,
causing KFOR to increase patrols. On 25 February, two Roma children
were attacked by
young men while waiting at a bus stop in Klina/Kline Town, in front
of a number of
onlookers. The men dragged one of the children, eleven years old, to
a bridge, beat him,
and then threw him into the Klina/Kline River. The child was rescued
and survived.
When two of the men were arrested, they reportedly justified their actions
by explaining
that the child was Roma and was not from Klina/Kline.
Freedom of movement
31. Lack of freedom of movement is the end result of
all the cumulative violence affecting
minorities, and continues to prevent many minority groups from exercising
their basic
human rights and accessing public services. Serbs and Roma are most
affected, but other
minority communities find their movement restricted as well. In the
worst cases,
minority populations remain trapped in their enclaves or even in their
homes, unable to
venture out without a heavily armed escort.
32. In the wake of the fatal 2 February attack on a
UNHCR bus facilitating freedom of
movement for isolated Serbs in the Kosovska Mitrovica/Mitrovice area,
all such bus
services province-wide were suspended, pending investigation and a comprehensive
security review. This suspension left many people without a regular
and reliable means
of transport. The UNHCR buses had helped people to move beyond the limited
confines
of their enclaves and regain something of a sense of normality.
33. UNHCR was able to reinstate services in the Pristina/Prishtine
and Gnjilane/Gjilan areas
by 7 March and 14 March, respectively, following the completion of a
comprehensive
security review. In both areas, the number of passengers using the service
once it
recommenced increased significantly over the numbers using it before
the suspension.
This is a clear illustration of the importance of such services in maintaining
a lifeline to
isolated minority communities. Resumption of the UNHCR bus service linking
the
Serb enclave in Orahovac/Rahovec to Serb-inhabited areas in northern
Kosovo took
considerably longer due to the complex security concerns affecting this
line. Only in late
April was substantive progress made, allowing the first shuttle to run
between
Orahovac/Rahovec and Zvecan on 26 April, carrying 42 passengers. This
line now runs
weekly, although it was temporarily suspended for a week on 24 May due
to the tense
security situation. One of the UNHCR bus lines linking Serb enclaves
in
Vucitrn/Vushtrri with northern Kosovska Mitrovica/Mitrovice has just
resumed in the
middle of May, but the other two previous lines in the Kosovska Mitrovica/Mitrovice
area remain suspended due to the tense situation there. All UNHCR lines
currently
operating continue to depend on KFOR escorts to safeguard the security
of the
passengers.
34. KFOR also continues to provide security escorts
to commercial bus lines servicing Serb
and Roma communities and to convoys of private vehicles moving in and
out of Serb
and Roma enclaves. This enhances the possibilities for freedom of movement,
but the
reality remains that Serbs and Roma in practically every location in
Kosovo require a
security escort to venture beyond the limits of their immediate surroundings.
35. The problem of limited freedom of movement is not
simply one of mobility. The
psychological and social consequences cannot be solved only by the provision
of buses
under escort. The long term effect of lack of freedom of movement is
that many minority
populations are sidelined, confined to their enclaves, and excluded
from society as a
whole. This is occurring in Kosovo at a time when civil society is being
rebuilt and a
whole range of administrative structures and services are being re-established.
Without
freedom of movement, income generation and access to the most basic
of public services
becomes a difficult endeavour. Many minorities can no longer access
jobs, and they can
no longer bring agricultural produce to mills or markets. In many cases,
they cannot even
access large tracts of their own land, and must reduce their planting
and cultivation.
Many minorities cannot visit central offices to obtain social welfare
entitlements, or
obtain civil documents, or even pay for utilities.
36. Silovo/Shillove, a Serb village in Gnjilane/Gjilan
Municipality, serves as an example of
the effects which limited freedom of movement can have on all aspects
of life.
Silovo/Shillove is a fairly typical rural Serb enclave, with an estimated
population of
1,500 to 1,600 persons. Residents of Silovo/Shillove can no longer travel
to
Gnjilane/Gjilan Town, their main area of previous employment, without
KFOR escort.
They can only safely cultivate fields close to the village, no longer
accessing those
farther away, and the village is therefore dependent on humanitarian
aid. Residents who
require medical treatment beyond the primary care provided by the local
ambulanta must
travel to the hospital in Vranje, Serbia, as they cannot safely access
health care in
Gnjilane/Gjilan Town. Children who wish to attend secondary school must
travel with
KFOR escort to the school in a neighbouring village. Students who wish
to attend
university must go to Serbia proper. Residents can only access local
municipal structures
with KFOR escort or through the intervention of international organisations.
Residents
more often travel with KFOR escort to Vranje, Serbia, in order to finalise
real estate
contracts, access the land register, death certificates, birth certificates,
wedding
certificates, property documentation, driving licenses, and identity
cards. In this way,
Silovo/Shillove is essentially forced to subsist independently from
the rest of society in
Kosovo.
37. The enjoyment of freedom of movement in conditions
of safety and dignity for all of
Kosovo's residents must be re-established over time. Meanwhile, in providing
services to
the general public, the onus is on the international community and the
local structures of
administration to come up with flexible and innovative responses that
recognise the fact
that freedom of movement is not guaranteed for all and take this into
account in
proposing solutions that favour and facilitate the inclusion of minority
populations as
opposed to excluding them or simply ignoring them. Such responses need
to be
appropriate to the current situation, and will need to be developed
and adapted as the
situation changes. There are many steps which could immediately be taken,
which
require few extra efforts or resources. Others may be labour intensive,
cumbersome or
costly, but ultimately essential to ensuring the rights of minorities
in Kosovo.
Language
38. The question of use of official languages is one
example of the complexity of the task
facing the international community in terms of guaranteeing mutual respect
for the
different languages used by minority groups in Kosovo. Public usage
of Serbo-Croatian
and to a lesser degree other minority languages continues to be a risky
venture. UN security officers still advise incoming international staff
not to speak Serbo-Croatian or other Slavic languages on the street
for their own safety.
39. At an official level, the 1977 Kosovo "Law
on the realisation of the equality of
languages and alphabets" (currently considered as applicable, based
on UNMIK
Regulations No. 1999/24 and 1999/25), guarantees the equality of Albanian
and Serbo-Croatian languages, as well as Turkish language in areas populated
by Turks. The law
provides that official decisions and announcements, education and public
signs should be
in Albanian and Serbo-Croatian, and in Turkish in areas of Turkish population.
In
addition, judgements, decisions, and other written documents of the
courts and public
prosecutors' offices are to be delivered in the mother tongue of the
concerned party.
Written requests and complaints to state organs, as well as replies
thereto, are to be in the
mother tongue of the citizen concerned, be that Albanian, Serbian-Croatian
or Turkish.
40. In practice, however, language policy is far from
uniform. UNMIK Regulation No.
1999/1 states that all regulations shall be issued in Albanian, Serbian,
and English.
Within the sphere of education, the policy tends towards the recognition
of five
languages: Albanian, Serbian, "Bosniac"4 , Turkish and Roma.
The practice within the
sphere of public utilities is contradictory: the Post and Telecommunications
Section of
the Department of Economic Affairs and Natural Resources opts for a
trilingual
English/Albanian/Serbian system for their official documents 5 , while
KEK, the
electricity company, favours a separate English/Albanian and English/Serbian
billing
system. Similar confusion and lack of consistency has cropped up in
other areas, with
reports received of court documents, including summonses, being issued
only in
Albanian.
41. The question of language usage is far from simple.
The acceptance of a number of
official languages is one tangible means of evidencing the acceptance
of the majority
population of the rights of minority populations. Moreover, UNMIK has
an obligation to
endeavour to accept multiple official languages not only under the applicable
Kosovo
law, but also under the applicable international law 6 . The practicalities
of multi-language
use, however, are fraught with difficulties. There is an urgent need
for UNMIK to
adopt a formal position on the question of official language and to
take practical
steps to ensure that a standard and workable policy is applied province-wide.
This has cost implications which donors must be made fully aware of
and requested to
support.
Health care
42. Access to adequate health services has remained
a major preoccupation for
minority populations in Kosovo. Most communities can access primary
health care
locally, but difficulties arise when further care is needed. Minorities
may simply not be
able to safely travel to the necessary hospital without a KFOR or UNMIK
Police escort.
Even when escort is provided, minority patients and their families often
have justifiable
fears for their safety while in the hospital and are therefore reluctant
to avail of public
health services outside of their enclaves. The incidents of disappearances
from
Pristina/Prishtine hospital which occurred in June and July of 1999
serve to reinforce
fears, and the whereabouts of several Serb patients remains unresolved
to date.
43. Hospitals themselves may restrict admission or discriminate
in the treatment of some
minority patients. UNHCR recently attended to the cases of two Roma
patients in need
of medical and psychiatric care. Although Kosovo hospitals in general
may have limited
capacity to deal with psychiatric patients, the manner in which these
two patients were
treated - left in a room without nursing service, one without even a
bed, and surrounded
by rubbish and human waste - suggested discrimination on ethnic grounds.
Other cases
noted by UNHCR and OSCE have raised similar questions as to the willingness
of
hospitals and medical staff to admit and treat Serbo-Croatian-speaking
minority patients.
44. The result is that many minority communities must
rely on health services obtained
outside of Kosovo's normal health care system. This means either creating
a separate
system, as has been done in upgrading the health facilities in Gracanica/Ulpiana
in order
to provide accessible services to Serbs, or making use of KFOR health
facilities or health
facilities outside of Kosovo (or, in the case of Albanians living in
Serb-controlled
northern Kosovska Mitrovica/Mitrovice and Zvecan, making use of health
care facilities
south of these areas). The creation of separate systems for health care
is costly and
prolongs the division within Kosovo. However, it may be necessary for
the time being to
ensure access to necessary health care. KFOR continues to provide essential
services to
minority patients, but reliance on KFOR medical facilities is ultimately
inappropriate and
unsustainable. Already the limitations of KFOR facilities have been
highlighted with
respect to gynaecological and ante and post natal services - specialist
fields that one
would not normally associate with a military field hospital but which
KFOR have been
obliged to provide in the absence of a viable alternative for minority
patients. The
solution of obtaining care in Serbia proper remains, primarily for Serbs,
but often
requires KFOR escort, and ultimately encourages persons to depart from
Kosovo.
45. The situation does, of course, vary from community
to community. Roma and Egyptian
communities in Djakovica/Gjakove report that they make use of local
ambulantas and the
Djakovica/Gjakove hospital, and in fact there are Egyptian doctors and
nurses employed
in that hospital and Egyptian health care workers employed in Djakovica/Gjakove
ambulantas. Likewise, Turks in Mamusa/Mamushe report that they can access
their local
ambulanta, as well as the Prizren hospital. In contrast, Serbs in the
village of
Silovo/Shillove, Gnjilane/Gjilan Municipality, (as stated above) must
rely on the hospital
in Vranje, Serbia, for anything beyond primary health care, because
they cannot safely
access the Gnjilane/Gjilan hospital. Albanians, Muslim Slavs, and Turks
living in northern Kosovska Mitrovica/Mitrovice and Zvecan are unable
to access the Serb-run
Kosovska Mitrovica/Mitrovice hospital, and must rely instead on NGO-run
mobile
clinics and on escorted travel to the health house in southern Kosovska
Mitrovica/Mitrovice. Serbs in Kosovo Polje/Fushe Kosove access Serb-run
ambulantas
and a Serb-run health house in the municipality, but must rely on the
Russian KFOR
hospital or on hospitals in Serbia proper, because they cannot safely
access the
Pristina/Prishtine hospital. In Orahovac/Rahovec and Velika Hoca/Hoce
e Madhe, from
where travel to a KFOR hospital or to Serbia proper is much more difficult,
lack of
access to medical facilities has been a primary motive in requests by
Serbs and Roma for
UNHCR and KFOR to assist in providing safe transport out of Kosovo.
Education
46. Education services, which had been continually disrupted
during the winter months due
to erratic electricity supplies, finally established a routine in the
early spring months. The
vast majority of children across the province are now back to school,
although many
attend temporary schools pending the completion of the school reconstruction
programme. The focus must now shift to ensuring that schools are properly
equipped and
examining curricula, with the needs and interests of minority students
fully addressed.
47. Minority children have, like their Albanian counterparts,
resumed their education. In
many cases, however, minorities attend schools in conditions hardly
conducive to a
normal education. Serb children in Silovo/Shillove, Gnjilane/Gjilan
Municipality, can
attend a Serb-run primary school in their village, but must be escorted
by KFOR to
attend a Serb-run secondary school in a neighbouring village. Serb children
in
Pristina/Prishtine Town must be escorted by KFOR to Serb-run schools
outside the city.
736 Serb pupils in Kosovo Polje/Fushe Kosove squeeze into an overcrowded
primary
school in the village of Ugljare. Serb secondary school students in
Kosovo Polje/Fushe
Kosove must travel with KFOR escort to reach a Serb-run school in Gracanica/Ulpiana.
Albanian primary school students living in Serb-controlled northern
Kosovska
Mitrovica/Mitrovice Town either attend unofficial primary school lessons
in a private
house, or travel to school in the South of the city when security permits,
and often at
great personal risk. Albanian secondary school students in the northern
Kosovska
Mitrovica/Mitrovice Town must make the dangerous trip to the South if
they wish to
attend school at all, and most opt to stay in the South with relatives
rather than commute.
Turks in the Prizren area can attend primary school in Turkish language,
but the lack of a
Turkish language secondary school remains a problem which reportedly
prompted
seventeen Turkish families to move to Turkey during May.
48. On the other hand, Muslim Slavs and Albanians share
a primary school in
Vitomirica/Vitomirice. Classes are held separately, with the Muslim
Slavs receiving
instruction in the Serbo-Croatian language, but sports and festivities
are held together.
Croat and Roma pupils in Janjevo/Janjeve have been sharing a primary
school facility
with Albanian pupils in shifts since January. In Djakovica/Gjakove Town,
Roma and
Egyptian pupils attend primary school together with Albanians. Schooling
for these
groups is, however, not without problems. At the opening of a school
for Albanian and
Ashkaelia pupils in Mali Alas/Hallac i Vogel, Lipljan/Lipjan Municipality,
in February,
a crowd of Albanians chased away the Ashkaelia leader and pupils. A
UNICEF initiative
to provide catch-up classes to Ashkaelia pupils in Kosovo Polje/Fushe
Kosove was set
back when one of the tents intended for the classes was burned down.
Nonetheless, the classes are proceeding, with the intention of mainstreaming
the Ashkaelia pupils into
Albanian schools in the fall, and additional teachers have recently
been hired to ease
overcrowding.
49. Some parents continue to keep their children at
home for security reasons. This is
particularly the case with Roma, Ashkaelia, and Egyptian children. In
Djakovica/Gjakove Town, for instance very few Roma and Egyptian children
attend
secondary school, at least in part due to fear of harassment by Albanian
students. For
Roma, the question of choice of language in which to have their children
educated puts
them in the difficult position of having to choose between Albanian
and Serbo-Croatian,
which can be subsequently interpreted as a sign of political loyalty
with serious
consequences. Language of instruction has also been an issue for Muslim
Slavs and
Gorani in Prizren and Gora/Dragash Municipalities.
50. An additional factor for Roma, Ashkaelia, and Egyptians
is pressure from within their
families and communities not to attend secondary school. Many parents,
having not
attended secondary school themselves, do not see education beyond primary
school as
important, and encourage children to instead begin working to support
their families.
This trend, which has kept the Roma, Ashkaelia, and Egyptian communities
largely
lacking in education beyond primary school, has historically contributed
to the poverty
of these communities and their exclusion from the rest of Kosovo society.
There is an
urgent need to reverse that trend by ensuring full access to schools
and encouraging
education as much as possible within these communities.
Social Welfare
51. The social safety net being developed for Kosovo
is by and large to be implemented
through the network of Centres for Social Work (CSW). There are currently
twenty-seven
of these, located in twenty-five municipalities in Kosovo, and a further
two are in
the pipeline. The current operational capacity of the CSW remains low,
as they are still
in the process of locating adequate premises, equipping these and hiring
sufficient staff.
Of those currently operating, only two (Kosovska Mitrovica/Mitrovice
and Kosovska
Kamenica/Kamenice) directly serve the needs of minority populations.
The rest are
located in majority Albanian areas and, similar to other public services,
potential
minority beneficiaries face the obstacle of freedom of movement and
inability to access
the services to be offered by the CSW. The CSW are committed to the
recruitment of
minority staff and have made progress in doing so. In the event that
they are unable to
recruit sufficient numbers of minority staff through open competition,
they are willing to
consider a certain number of minority staff above and beyond the total
number of
approximately 400 staff province-wide.
52. The emphasis of the work of the CSW is on child
and general social protection. They are
the legal guardians of any abandoned babies found in Kosovo. In addition
they are
responsible for the preparation and presentation to the courts of social
assessments for
juvenile offenders. They also have a role in mediation in cases of marital
breakdown
involving custody of minor children. Of more direct relevance to the
minority
populations is the role of the CSW in developing and implementing a
province wide
system of social assistance. To date the CSW have been involved in the
implementation
of the Emergency Financial Assistance Scheme introduced by UNMIK from
November
1999 to April 2000. This system of emergency cash payments is now being
phased out in favour of a means tested social assistance scheme, initially
targeting families not capable
of work, and later targeting the unemployed. Lack of security and freedom
of movement
will of course have to be taken into account in such a scheme, especially
with regard to
the inability of many minorities to access the job market. The CSW have
already
highlighted the fact that social assistance payments will be made through
the bank and
have recognised that this too will represent access problems for minority
groups. They
are currently looking at ways to overcome this hurdle and ensure that
minority
communities will be effectively covered by the nascent social security
system.
Public utilities
53. As certain services move towards normality in Kosovo
the complexity of ensuring that
minority needs are covered by the systems put in place has been brought
to light. During
the harsh winter months, when the electricity supply was extremely erratic,
there were
recurrent reports of minority populations being singled out for a disproportionate
number
of blackouts when there was a need for supply to be rationed. Several
of these complaints
were traced back to deliberate sabotage of supply lines in certain locations,
as opposed to
a centrally organised policy of limiting minority access to available
electricity. Whatever
the causes, minority populations often bore the brunt of electricity
shortages. In
addition, many Roma, Ashkaelia, and Egyptian settlements suffer from
poor utility
services because in the past, investments in the maintenance of necessary
infrastructure
were often not forthcoming for these communities.
54. Telephone service is also an important issue for
minorities, both in terms of their ability
to contact law enforcement authorities when needed, and also in terms
of somewhat
reducing their isolation. Although poor telephone service has affected
all populations in
Kosovo, improvements for minority areas need to be given priority.
55. The question of utilities billing has emerged now
that the electricity supply has stabilised
and the utilities company (KEK) is able to proceed in implementing a
billing system.
The question has brought forward a whole range of issues that starkly
illustrate the need
to be sensitive to the needs of minority populations, even for something
as routine as the
supply and billing of electricity. The bills, as issued by KEK, did
not follow the expected
format of printing three languages on their face. Rather KEK opted to
issue separately
Albanian/English and Serbian/English versions, arguing their belief
that a large number
of Albanian speaking customers would be offended by the appearance of
Serbian on their
bills and, as a result, would refuse to pay them. This logic conflicts
with an overall policy
of fostering the simultaneous use of official languages. Moreover it
gives rise to the
possibility of a substantial number of customers receiving bills in
a language they are
unable to understand, as KEK does not appear to have any internal system
to ensure that
the appropriate language bill is delivered to each household. In practice
it would appear
that a substantial number of bills have not been delivered at all, and
where bills have
been delivered there have been complaints from minority communities
that they have
been billed above their actual electricity usage.
56. Apart from the question of language and delivery
of bills, an additional problem came to
light in that the payment system obliges customers to pay in person
at their local KEK
office. With KEK offices being exclusively located in majority Albanian
areas, the
eternal question of freedom of movement has become an obstacle to minority
populations being able to pay their bills. In addition, payments made
in Yugoslav Dinars are subject to a 10% surcharge (in accordance with
Regulation 1999/4 and subsequent
administrative directions), which raises questions of fairness for communities
who may
not have access to other currencies.
57. The problems illustrated by the example of electricity
bills, which will likely repeat
themselves across the board with other services, have given rise to
an extensive debate as
to how to respond to the difficulties encountered. A utilities payment
exemption
scheme has been devised to provide relief to those sectors of the population
unable to
cover the costs of their bills due to destitution. In the case of minorities,
potential
beneficiaries to this scheme, the problem of freedom of movement recurs
yet again as the
scheme is operational through the CSW to which many communities do not
have direct
access without the support of a security escort. UNMIK has been alerted
to all of the
pitfalls in the current scheme, and steps are being taken to devise
workable alternatives
which will more effectively respond to the specific requirements of
minority
communities. Time is of the essence in this regard, as KEK has already
been issuing
warnings and disconnecting electricity to families due to non-payment
of bills.
Other public services
58. Even when confined to enclaves, the normal cycle
of life events goes on for minorities
and needs to be formally documented by the relevant authorities. Birth,
marriage and
death certificates are required and the service of provision of civil
documents needs to
be sufficiently flexible so that minority populations can avail of them
without putting
themselves at risk. If such services are centralised in inaccessible
locations, minorities
will not be able to access them. A more flexible approach, using mobile
teams needs to
be considered as an alternative means of providing this service.
Conclusions and recommendations
Lack of security and the consequent restrictions on
freedom of movement remain the
overriding problems for minorities in Kosovo, and need to be urgently
addressed. UNHCR
and OSCE reiterate the concerns and recommendations expressed in our
last report,
especially with regard to these issues. Progress has been made in some
areas, including
notable achievements in the functioning of the Kosovo Police School
and recruitment of
minorities to the Kosovo Police Service. However, UNMIK Police still
lack the necessary
personnel to carry out their mission, and UNHCR and OSCE support the
repeated calls of
the SRSG for further deployment, noting that quality of police is as
important as quantity,
and that the investigative service particularly needs support.
UNHCR and OSCE welcome and fully support efforts to
increase the size and ethnic
composition of the judiciary, as well as to bring international judges
and prosecutors into the
judicial system. Nonetheless, the judicial system still fails to function
effectively and
impartially, remaining a major obstacle to the establishment of the
rule of law and the
protection of minorities. For this reason, such initiatives as the establishment
of a Kosovo
War and Ethnic Crimes Court and an Ombudsperson's office, as well as
the further
deployment of international judicial personnel deserve full support
from the international
community.
UNHCR bus services currently help to overcome restrictions
on freedom of movement for
some minority communities, but will need to be phased out over time.
There is a therefore a need for normal commercial transport services
to take on more responsibility for providing
service to minority communities, keeping in mind that continued problems
of security will
likely necessitate armed KFOR escorts for any buses serving minorities.
Recent statements by the KTC and IAC supporting co-existence and condemning
violence
and intolerance are positive developments, as strong commitment and
action on the part of
local leaders and communities will be essential to breaking the cycle
of violence and
impunity in Kosovo.
However, until security and freedom of movement for
minorities have improved, steps must
be taken across the board to ensure full access of minorities to public
services. In the same
way that lack of adequate security and freedom of movement underscore
the obstacles faced
by minorities in accessing services, sensitivity and flexibility must
underscore any and all
responses devised to overcome these obstacles. Inclusion on an equitable
(albeit a different)
basis must be an objective that cuts across all discussions and one
which cannot be dispensed with on the grounds of costs or complications.
The onus cannot be put on minority
populations to adapt to systems designed to function under normal circumstances.
The onus
should be on the systems in place to respond to the particular needs
of minority populations.
UNHCR and OSCE call upon donors to recognise the cost implications necessary
in all such
endeavours, and to make funding available accordingly.
The efforts and commitment by the Department for Social
Welfare in recruiting minority
staff and looking into methods of ensuring access to social assistance
payments have been
noted as practical and beneficial steps in this regard. We would recommend
that the
following additional points be looked into urgently:
· A common policy on official languages needs
to be developed and applied across the
board in all activities undertaken by UNMIK. The use of more than one
official language
must be a basic premise, and such documents as utility bills and civil
documents should
be produced in a format that permits different languages to appear on
the face of the
document simultaneously. The policy should be enforced, with clear consequences
for
public servants who fail to follow it.
· A standard code of practice, incorporating
the basic principles of ethnic tolerance and
respect, needs to be devised and introduced in all enterprises working
under the auspices
of UNMIK or functioning with funding provided by the international community.
· All such enterprises need to re-enforce their
efforts to recruit and maintain within their
employ an acceptable number of minority employees.
· Outreach services may be essential for the
time being in order to ensure access to public
services given restrictions on freedom of movement. Outreach services
could include
mobile teams periodically visiting minority areas to attend to their
needs, mobile civil
documentation teams, and flexible payment systems for utilities, comprised
of a mix of
fixed and mobile payment locations.
· The development of a common curriculum for
all schools is needed in Kosovo,
encompassing aspects of tolerance, peace and human rights education.
Shared
educational facilities should be looked into and used to the extent
possible, with the objective of integrating minority communities into
the normal system and encouraging
tolerance among students.
· There is a need to ensure that teacher-training
facilities are capable of providing a
sufficient number of teachers to meet the needs of each community.
· Initiatives are needed to increase education
for Roma, Ashkaelia, and Egyptian
communities in particular. Catch-up schooling and training programs
should be given top
priority, in order to increase education levels in these communities
and to help them
qualify for skilled work and professional positions.
· Improvements to the telephone service in minority
areas need to be given priority, as a
way of both improving security and reducing isolation.
The degree to which minorities are able to enjoy their
rights and participate in society will be
a primary measure of success in the international stewardship of Kosovo,
with important
implications for regional stability. In addition, the United Nations
has the opportunity to set
an example for governments around the world by ensuring that respect
for human rights is
given top priority in all aspects of Kosovo's administration. To this
end, we therefore need to
and work towards the equality and full participation of all minorities
in Kosovo.
UNHCR/OSCE
31 May 2000
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