KOSOVO INTERNATIONAL HUMAN RIGHTS CONFERENCE 10-11 December 1999 CONFERENCE DOCUMENTS AND REPORT The open nature of the conference discussions The opinions and statements contained in this report are meant to represent the open discussions which took place at the conference and do not necessarily represent the position of the OSCE. In publishing this report, the OSCE does not accept responsibility for any errors or omissions which this document may contain. This report was prepared by the OSCE Mission in Kosovo, Human Rights Division, and the Council of Europe. © OSCE Mission in Kosovo, 2000 This publication may be reproduced in part or in whole, provided no changes are made to the text, the individual authors and the OSCE are credited, and the parts reproduced are distributed free or not for profit. Conference Reporter’s Acknowledgements A conference of this size does not happen anywhere just by itself. And this one took place only months after the major conflict which destroyed so many lives and severely damaged the infrastructure of the region. Much praise must go to all those who worked so hard to make the conference a reality, especially in the areas of communications, logistics, protocol, support staff and security. A special mention should be made of the interpreters who played such a vital role in facilitating communication. Respect to the speakers and participants who showed commitment, interest and – in some cases – real bravery in their participation. As reporter, my thanks go to all those who provided me with copies of speeches and workshop reports and, in particular, to the staff of the OSCE Human Rights and Administration Divisions, and the Council of Europe office in Pristina for their support, advice and patience. Mark Taylor, Consultant to the Council of Europe Strasbourg, 28.1.00 2 KOSOVO INTERNATIONAL HUMAN RIGHTS CONFERENCE DOCUMENTS AND REPORT Table of Contents Page 1 Introduction ……………………………………………………………… 5 2 Conference Declaration ……………………………………………….. 8 3 Welcoming Addresses 3.1 Dr Bernard Kouchner, Special Representative of the Secretary General ……………………. 10 3.2 Ambassador Daan Everts, Head of Mission, OSCE …………………………………………………. 13 4 Workshop Reports 4.1 Protecting Minorities……………………………………………………… 17 4.2 Preventing Torture ……………………………………………………….. 21 4.3 Post-Conflict Justice ……………………………………………………... 23 4.4 Democratic Policing ……………………………………………………… 28 4.5 Housing and Property Disputes ………………………………………… 30 4.6 Children’s Rights …………………………………………………………. 34 4.7 Women’s Rights ………………………………………………………….. 42 4.8 Human Rights Institutions ……………………………………………….. 45 4.9 Detainees and Missing Persons ………………………………………... 48 5 Keynote Speeches 5.1 Mr Bertrand Ramcharan, Deputy High Commissioner for Human Rights, UNHCHR …………... 53 5.2 Mr Hanno Hartig, Head of Division, Directorate General of Human Rights, Council of Europe ………………………………………………………… 56 5.3 Ambassador Thomas Hammarberg, Ministry of Foreign Affairs, Sweden ……………………………………. 61 5.4 Ambassador Kai Eide, Chairman of the OSCE Permanent Council …………………………… 67 6 Closing Speeches ………………………………………………………. 68 3 Appendices Page A Conference Programme ……………………………………………….… 69 B List of speakers and facilitators …………………………………………. 70 C Press Release: Ambassador Everts on the Imprisonment of Flora Brovina ………….. 73 D List of Non-Governmental Organisations for Information kiosks ….…. 74 E Cultural events during the Conference …………………………………. 75 F Further background reading provided by facilitators and invited speakers – list of individual papers……………………………………… 76 (i) Protecting Minorities ………………………………………….…. 77 (ii) Preventing Torture ………………………………………………. 79 (iii) Post-Conflict Justice ………………………………………….…. 83 (iv) Democratic Policing …………………………………………….. 90 (v) Housing and Property Disputes ……………………………….. 98 (vi) Children’s Rights …………………………………………….….. 106 (vii) Women’s Rights …………………………………………………. 114 (viii) Human Rights Institutions ……………………………………… 118 (ix) Detainees and Missing Persons …………………………….…. 127 G Materials on the Human Rights Reports As Seen, As Told, Parts 1 and 2 (i) Press release ………………………………………………….… 132 (ii) Press background paper ……………………………………….. 134 (iii) Executive Summary of As Seen, As Told, Part 1 ……………. 137 (iv) Executive summary of As Seen, As Told, Part 2 ………….…. 141 H OSCE Contact information ………………………………………………. 145 4 1 Introduction The context During the first week of December and all over Kosovo, posters, stickers and leaflets appeared in five languages – Albanian, Romani, Serbian, Turkish and English- all saying the same thing: The 10th of December is coming… The aim: to raise curiosity and awareness about International Human Rights Day and the first Kosovo International Human Rights Conference. Only days before the Conference, the OSCE released two major reports that document extensive human rights violations during 1999 in Kosovo. The first report, Kosovo/Kosova - As Seen, As Told, is an analysis of the human rights findings of the OSCE Kosovo Verification Mission and is based on hundreds of documents compiled in Kosovo up to 20 March 1999, and afterwards nearly 3,000 interviews with refugees in Albania and the former Yugoslav Republic of Macedonia. Examining the actions of both sides to Kosovo's internal armed conflict, the report concludes that there was no semblance of balance in the human rights abuses committed. Overwhelming, it was the Kosovo Albanian population that suffered. The second report, As Seen, As Told, Part II, documents the period between 14 June and 31 October 1999 when the majority of the refugees returned. It analyzes human rights conditions in each of Kosovo’s regions and shows that Kosovo Serbs, Roma, Muslim Slavs, and others who are perceived to have collaborated with the Serb security forces, have been targeted for “revenge” attacks. The report documents abuses committed against minority communities and calls for thorough investigations into allegations of human rights violations as well as for an increase in international police and judicial experts to help break the cycle of violence in Kosovo. These two reports demonstrate clearly how important defence and promotion of human rights will be for the future of Kosovo and, hence, how important the Conference would be. Summaries of the reports may be found in Appendix G. Expectations for the Conference As the first major international human rights conference in Kosovo since the conflict, the Conference took place at a turning point in history and hoped to contribute to the process of post-conflict reconciliation and peace-building. The Conference was held on International Human Rights Day to place the dialogue toward peace within a human rights framework. The goals of the Conference were · to create an awareness of human rights among the population of Kosovo 5 · to begin a process of dialogue and education toward the acceptance and inclusion of human rights in the institutions and practices of Kosovo, and · to recognize efforts in Kosovo toward securing respect for human rights. Designed as an educational and functional tool, the Conference aimed to enable Kosovars to come together to consider issues of human rights, to begin discussions and make recommendations, and to identify local solutions to local problems. Planning and structure of the Conference Arriving at agreed goals and aims, deciding on speakers, arranging logistics and other practical details were the results of a remarkable, cooperative effort between a range of institutions and organisations. Planning meetings began at the end of August and gradually the scope of what was to be attempted became clear. Hosts for the Conference were: Organisation for Security and Cooperation in Europe Mission in Kosovo United Nations Mission in Kosovo United Nations High Commissioner for Human Rights United Nations High Commissioner for Refugees Council of Europe In addition a range of local and international non-governmental organisations participated in the planning and organisation of the Conference. It was decided to organise a conference that would be more than just an event in itself, it was to be a conference which would be a space for dialogue in which a wide range of vital topics could be discussed. Therefore, in addition to the more usual set conference speeches, a series of nine workshops were prepared – participants could choose one of three at any one time. Facilitators reported to the full plenary after each set of workshops, which meant that everyone could gain an overview of proceedings and contents. Within each plenary session, there were open opportunities for participants to give voice to their concerns, views and comments. Participation in the Conference As news of the conference spread, the organisers found themselves having to refuse applications from organisations and individuals in Kosovo to participate. Many of the personnel from international organisations who wanted to attend were not able to be admitted. Space was limited in the conference venue to 450 and, in the event, over that number actually attended. Men and women came representing all communities and regions in Kosovo. Some were as young as 14 years old. Local and international non-governmental organisations based in Kosovo attended. Security, provided by KFOR and UNMIK police, was tight around the Government Buildings. Guests from outside of Kosovo came from other regions of Europe and other continents. The day before, weather conditions at Skopje airport were so bad that planes were diverted to Ohrid, Sofia or 6 Thessalonica and one keynote speaker