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NATIONS UNIES HAUT COMMISSARIAT POUR LES RÉFUGIÉS |
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UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES |
UNHCR Position on the Continued Protection Needs of
Individuals from Kosovo
April 2002
Introduction
1.
This paper is
an update of UNHCR’s position on the continued protection needs of
individuals from Kosovo, and return there, as outlined in the previous position
paper of March 2001.
2.
The vast
majority of Kosovo Albanians who fled during the Kosovo crisis have returned
home, and only few of them have experienced individual protection problems.
Groups who may have residual protection concerns are described in this paper.
3.
Non-ethnic
Albanian persons originally from Kosovo continue to face severe security
threats which place their lives and fundamental freedoms at risk, and continue
to compel some to leave the province. The situation of minority groups
therefore remains a major concern, despite a range of improvements in the
general situation in Kosovo. These improvements include the re-establishment of
civil administration, the election and appointment of local authorities, the
development of the economy, the improvement of policing and judiciary systems,
and the introduction of special structures within UNMIK to promote the respect
of minorities. While it is hoped that these developments will eventually lead
to a real and lasting improvement in the situation of minorities, risks to
their personal security and limited freedom of movement continue to impede
their equal access to socio-economic benefits, health care, social services,
education, employment opportunities, reconstruction of residential property and
public utilities. UNHCR’s position remains that members of the minority
groups in Kosovo described in this paper should continue to benefit from
international protection in countries of asylum.
4.
In
considering applications for asylum from persons originating from Kosovo,
asylum countries may be inclined to assess whether an internal relocation
alternative is available for them in other parts of FRY. The circumstances
faced in Serbia and Montenegro by internally displaced persons from Kosovo lead
UNHCR to the general conclusion that internal displacement in such conditions
does not offer an adequate or reasonable alternative to international
protection. Detailed information on current conditions for displaced persons
from Kosovo is provided in this paper, in order to guide refugee status
determining authorities in their cautious assessment of any internal relocation
alternative.
I. Kosovo
Albanians
Protection Categories
5.
While most
Kosovo Albanians are able to return without protection difficulties, there are
certain categories of Kosovo Albanians who may face serious problems, including
physical danger, were they to return home at this time. These include:
· Kosovo Albanians originating from areas
where they constitute an ethnic minority;
· Kosovo Albanians in ethnically mixed
marriages and persons
of mixed ethnicity;
· Kosovo Albanians perceived to have been
associated with the Serbian regime after 1990.
6.
Claims from
persons who fear persecution because they belong to one of these categories
should be carefully considered in order to ascertain the need for international
protection. Claims not falling in these categories may be considered in
accelerated procedures.
7.
The claims of
traumatised individuals such as victims of torture or particularly egregious
forms of violence (for example ex-detainees, or survivors of sexual violence),
or witness to crimes against humanity, will require special attention, in that
their past experiences will be highly relevant in determining their continued
protection needs.
Vulnerable Individuals
8.
Individuals
in a particularly vulnerable situation may have special needs that should be
taken into account in the context of return in the present circumstances. The
following is a non-exhaustive list of persons falling under this category:
-
Chronically
ill persons whose
condition requires specialised medical intervention of a type not yet available
in Kosovo.
-
Persons
with severe and chronic mental illness whose condition requires specialised medical
intervention of a type not yet available in Kosovo.
-
Severely
handicapped persons
(including their caregivers) whose wellbeing depends on a specialised support
system not yet available in Kosovo.
-
Unaccompanied
elderly persons who have
no relatives or any other form of societal support in Kosovo.
-
Separated
children without relatives
or caregivers in Kosovo, and for whom it is found not to be in the best interest
to return to Kosovo[1].
II. Minorities
9.
The term “minority” is used to
describe groups of persons who are in a numerical minority situation in a
particular location, regardless of their
status elsewhere in Kosovo or in the rest of the Federal Republic of
Yugoslavia (FRY).
10.
Minorities
continue to experience varying degrees of threat to their life and personal
integrity. They also endure significant restrictions on their freedom of
movement that, in turn, limit their access to basic services, reconstruction of
residential property, property restitution procedures, employment and other
economic activities essential for their survival. Severe restriction in the use
of their language,[2] religion or
their cultural traditions is a problem for some minorities.
11.
Improvements
in the general situation in Kosovo are having a gradual impact on some minority
communities in specific locations, and some have managed to secure a limited
degree of tolerance within certain areas.
This does not imply that the risk of serious human rights violations has
disappeared. Violent,
attention-grabbing incidents are interspersed by periods of calm which can lead
to a false sense of security or erroneous interpretations that circumstances
have fundamentally changed. It is important to note that, even during such
“quiet” periods, minorities continue to endure less visible forms
of mistreatment that erode the community’s will to remain and hence
continue to cause displacement or impede sustainable returns.
12.
Furthermore,
the continued presence of minority communities in specific locations does not
guarantee the safety of returnees of the same group. In the current
environment, long-term absence may be the cause of suspicion leading to
protection problems upon return.
Efforts to improve the situation of minorities which are beginning to
take hold need to gain momentum before general conditions which are conducive
to return in safety and dignity are created.
13.
It is worth
noting that no significant spontaneous return movements of internally displaced
minorities or of minority refugees have taken place in the last year. Indeed,
the few cases of return would appear to have been spurred more by push factors,
such as increasingly difficult circumstances in exile, or politically-motivated
return pressures.
14.
UNHCR
stresses that minority return should take place on a strictly voluntary basis
and based on fully informed decisions of the members of this community. Any
such voluntary return movements should be properly co-ordinated, and
re-integration should be supported through assistance to ensure sustainability.
Minorities should not be forced, compelled or induced to return to Kosovo.
Minority Groups of Concern
·
Kosovo
Serbs
15. The Kosovo Serb community remains the primary target of ethnically motivated violent attacks, including by grenades, deliberately laid landmines and booby-traps, drive-by shootings and arson. These attacks have been targeted at all members of the community, including the elderly, women and children. Physical security remains the overriding issue of concern for Kosovo Serbs as it not only affects their lives and fundamental freedoms, but also the enjoyment of a multitude of life-sustaining economic and social rights. Many live in enclaves and require 24-hour protection from KFOR, including for any movement outside these areas. Ethnically motivated crime often appears to be directed at ensuring that Kosovo Serbs leave, or do not return to the province. Persistent violations of property rights, which include forced evictions, illegal occupation of residential property, coercion to sell property, destruction of property and attacks on religious monuments and sites and desecration of cemeteries, have all contributed to the decision of many Kosovo Serbs to leave their homes and places of origin. When taken together, all of these ethnically motivated acts pervasively affect the community’s sense of security whether or not actual physical harm occurs, as well as providing a source of intimidation, humiliation and demoralisation. They engender a reasonable perception of constant threat among members of the Kosovo Serb community.
· Kosovo Roma, Ashkaelia and Egyptians
(RAE)
16. While
there have been some recent
improvements in their overall situation, RAE
communities continue to face serious protection problems in Kosovo. General inter-ethnic tension and intolerance are compounded
by particular discrimination against the RAE by almost all other ethnic groups
in Kosovo, exacerbating the degree of hardship they face. Those who have been
in exile and who are not familiar with the reality in the various communities
where RAE reside are particularly affected.
17. The
physical security of RAE communities remains volatile. While some communities
have attained a degree of stability where violent attacks are rare, others
continue to face regular violence and intimidation. However, even in areas where inter-ethnic relations appear
to have improved, experience has demonstrated that the risk of attack remains,
particularly from perpetrators coming from other areas.
18. Like
all minorities, RAE communities live in enclaves or concentrated groups, and
their freedom of movement is generally restricted, although this can vary
according to geographic location.
As RAE communities have historically relied on freedom of movement to
earn a livelihood, this situation is particularly oppressive for them. The
resulting restrictions on their ability to exercise basic social and economic
rights also aggravates their already impoverished situation. Most RAE
communities are hosting a substantial number of IDPs, which adds to the
difficulty of their living conditions.
19. While there has been some return of RAE groups, this remains at a very low level. Despite comprehensive and cautious planning for return, incidents such as the stoning of returnee homes continue to take place. Moreoever, the few spontaneous and facilitated voluntary returns that have occurred do not necessarily reflect a substantial improvement in the situation for the RAE communities in general. Most of these returns took place to specific locations only after a protracted planning and preparatory process to ensure their security and sustainability. General conclusions regarding the situation of the RAE communities should not be drawn from these returns, or from individual exceptions to the general protection situation of these communities, which remains highly precarious.
- Kosovo
Bosniaks
20. When
compared to the situation of other minority groups, the security situation for
Kosovo Bosniaks is relatively stable. Nonetheless, this community faces various
forms of mistreatment, including intimidation, harassment, and discrimination,
as well as some isolated incidents of violence. Like other minorities, Bosniaks
live in concentrated communities or enclaves, and have limited freedom of
movement outside their places of origin, especially into the main urban centres
due to fear of attack. As a result, a KFOR security escort is required for
travel beyond certain perimeters. Their inability to use their language without
risking being considered as ethnic Serbs outside the enclaves and areas
contiguous to them, is a source of continuous pressure and hardship. All of
these limitations restrict their equal access to social services and effectively
undermine the means for the community to remain self-supporting in the
province. This situation is a major cause of displacement for Bosniaks.
21. The
apparent advancement in inter-ethnic relations between Bosniaks and ethnic
Albanians that has taken place in the last year should not be interpreted as
having reached a level indicating a fundamental change in their general
situation. Kosovo Bosniaks do not yet have full freedom of movement under
secure conditions. It is therefore
not possible to conclude that returns to this environment could be considered
safe, dignified or sustainable in the longer term. Moreover, further
concentration of Bosniaks into enclave like locations would only increase the
pressure on the coping mechanisms of the community and perpetuate the causes of
displacement. Voluntary returns of
individuals of Bosniak ethnicity based on an informed choice, which are
properly co-ordinated and supported by re-integration assistance, might result
in sustainable returns. But hasty return movements which are not based on real
choice could put those returned at real risk on the ground, as well as
potentially destabilising the whole return process for minorities in Kosovo.
- Kosovo
Gorani
22. The Gorani share similar protection concerns with the Bosniaks. Indeed, at times the distinction between the two minorities is blurred. However, certain sectors of the Gorani community are perceived to have closer links with the ethnic Serbs which has created stronger tensions between the Gorani and Kosovo Albanian communities.
23. The majority of the Gorani inhabit a clearly defined geographical area, Goran/Dragash, which, because of its isolation, is vulnerable to security-related incidents. Relative to other minority communities covered in this paper, Gorani enjoy some degree of freedom of movement within their area of origin and in Prizren. Reports continue to indicate harassment of members of this community if they travel outside this area where they face the additional risk, if they use their own language, to be mistaken for ethnic Serbs. The Gorani
face discrimination in accessing economic opportunities and social services because of their ethnic background and the associated issue of the language barrier. A combination of security concerns and uncertainty over their longer-term economic and social viability has compelled many Gorani to leave Kosovo.
III. Relocation
within the Federal Republic of Yugoslavia
Is relocation a reasonable option?[3]
24. When
considering whether fear of persecution or other threats to life or liberty
being experienced by members of the above mentioned minority groups of concern
could be reasonably and successfully avoided by moving to other parts in FRY,
decision-makers should take into account all the circumstances of the case,
including the fact that FRY still hosts large numbers of refugees and IDPs from
the earlier regional conflicts. The following considerations are particularly
relevant to an assessment of the safety, viability and reasonableness of
internal relocation as an
alternative to asylum for minority groups from Kosovo.
Safety
25. Persons
of non-Albanian ethnicity who left Kosovo for fear of their lives and personal
security find relative security in Serbia and Montenegro. As citizens of FRY,
in principle they should enjoy levels of protection comparable to other
citizens, but in practice they may face serious limitations, and even
discrimination, in the enjoyment of civil, economic and social rights.
26. The
RAE community faces complicated challenges in FRY. They are confronted with a
pattern of discrimination and their situation has worsened during the last 10
years of sanctions and economic decline. In the Kosovo conflict RAE were viewed
with suspicion by all sides, and accusations of collaboration with one or the
other side are multiple. Many RAE IDPs live in truly deplorable conditions,
often below the level of human dignity. In and around Belgrade and other towns
in Serbia and Montenegro, many RAE IDPs live in illegal settlements, without
access to electricity, drinking water or sewage systems. These problems are
often exacerbated by communication difficulties due to language differences.
Numbers and access to basic economic and social
rights
27. FRY is already hosting a large number of refugees from Croatia and Bosnia, as well as IDPs from Kosovo (231,100 as of February 2002). It is believed that there are additional unregistered IDPs from Kosovo in both republics, including a relatively large number of non-registered RAE. Departures from Kosovo have slowed but not stopped, so IDP numbers will continue to fluctuate upwards. The reception capacities in Serbia and Montenegro are, therefore, stretched to the utmost, and incapable of providing accommodation to any new arrivals, be it directly from Kosovo, or from third countries. The Serbian and Montenegrin Refugee Commissioners have provided 10,664 IDPs with collective accommodation (in addition to 24,493 refugees from Croatia and Bosnia and Herzegovina). Close to 5,000 additional IDPs have found accommodation by squatting in 119 unoccupied buildings. They receive no assistance from the state authorities. All other IDPs have had to find their own individual accommodation throughout the country by means of hosting or private rental arrangements. UNHCR’s assistance covers only the basic needs of IDPs accommodated in reception centres.
28. Despite
the political changes from 2000 onwards, the economic situation in FRY remains
extremely unstable, with refugees and IDPs finding themselves among the most vulnerable
population groups. Average salaries in FRY are slowly increasing but the
average cost of living for a family is increasing even further[4].
The official unemployment rate is around 30%, although it is higher in real
terms. The social security system no longer functions as a survival mechanism
for the unemployed, having by and large ceased to pay out benefits, however
small, that those persons meeting the vulnerability criteria were entitled to.
The collapse of the medical and social structures in the FRY and the consequent
disappearance of a safety net for the most vulnerable sections of the
population mean that a large percentage of the refugee and IDP population of
this country is dependent on humanitarian assistance for survival. Plans to
overhaul the social security system in Serbia are being formulated, but not yet
being implemented.
29. IDPs
may experience some additional disadvantages in Montenegro in as far as
salaries, and pensions, that are still being paid to IDPs in Serbia in dinars,
are inaccessible to IDPs in Montenegro without travelling to Serbia. Similarly,
while the Montenegrin Health Insurance Fund covers primary health care for
IDPs, payments between the health insurance funds of Serbia and Montenegro have
stopped.
30. The educational system is in dire straits after years of limited investment in this sector. RAE IDP children, in particular, lack proper clothing and school materials that have to be provided at the parents’ expense. Lack of familiarity with the Serb language only adds to the obstacles faced by RAE children for their success in the school.
31. While international efforts have begun to be put in place to improve the situation, it will take some time before these measures filter down to the population. The return of people to a situation of internal displacement should be avoided at all costs, as it can only add to the challenges faced by FRY in addressing the psychosocial hardships and lack of socio-economic opportunities of hundreds of thousand refugees and IDPs.
UNHCR
April 2002