OMBUDSPERSON INSTITUTION in KOSOVO FIFTH ANNUAL REPORT 2004 – 2005 addressed to the Special Representative of the Secretary-General of the United Nations 11 July 2005 Telephone: ++381 38 545 303 Telefax: ++381 38 545 302 e-mail: [email protected] web site: www.ombudspersonkosovo.org FOREWORD This is the fifth annual report that I am submitting to the Special Representative of the Secretary-General (SRSG) of the United Nations. According to all indications this is the last such report that I have the pleasure to present. The next edition will be the momentous task of my successor. It is clear for everyone in Kosovo and outside that the period covered by this report should be and is of the utmost importance for Kosovo. Still there are many problems and unanswered questions. Notwithstanding the political solutions adopted, the future of Kosovo should be in Europe following European standards of democracy, the rule of law, human rights and, especially in the context of Kosovo, the protection of the rights of minorities. There is a lot of work in front of Kosovo’s communities and their leaders in the process of making the province a home for all who live here or intend to return after long years of exile. This recent period of Standards assessment, some of the priority standards and related issues, particularly from a human rights standpoint, are, at the same time, very much present on the agenda of the Ombudsperson Institution in Kosovo and fall within the Ombudsperson’s jurisdiction. In such a situation, even if the Ombudsperson is not formally involved in standards’ evaluation on the ground, my duty should be to share with the SRSG and the general public my thoughts and conclusions of at least some selected aspects of the situation and recent achievements, or the lack thereof, as well as the persisting serious problems, as seen from the particular perspective of the Ombudsperson. It is very much in the nature of the work of the Ombudsperson to make a daily evaluation of the real standards in Kosovo- not the political ‘Standards for Kosovo,’ often referred to as ‘Benchmarks’ by the international community. Those political Standards are the criteria outlined by international actors for the people and government of Kosovo to fulfil or demonstrate marked progress, thereby paving the way for the start of “status” talks aimed at determining the future of the province. Rather, the Ombudsperson’s standards are somehow autonomous from the campaign of political Standards. They are standards in the most basic sense. The level of their success or failure is very much apparent in the daily experiences of ordinary people through their personal interactions with public institutions and within their neighbourhoods. In other words, we are talking about daily life and how it looks in Kosovo. Ethnic tensions still contribute, even if to a lesser extent than before, to a very real security risk in Kosovo that is aggravated by political uncertainties and the perceived lack of adequate safety, especially among vulnerable non-Albanians. Over the past six years, Kosovo Serbs and other non-Albanians have relied heavily on the military protection of KFOR to feel safe. Coming to terms with why and how they have reached this point is crucial. It is of particular importance when one is reminded that peacekeepers will remain in the province only for a finite period. What then? 2 The persisting feeling of insecurity among Kosovo Serbs and other non-Albanians is based on past negative experiences of violence. How secure can people be expected to feel in their village enclaves when over the last six years, or even long before, they have suffered a series of violent acts? In addition to random killings, there have been assaults, bombings, thefts and incidents of arson and stoning. Seldom have perpetrators been identified or brought to justice, contributing to a perception that these acts can be committed with impunity. Much attention has been focused on the government’s efforts and apparent successes in making noteworthy progress in the political Standards process. One often talked about example is the reconstruction of houses following the March 2004 violence that forced some 4000 non-Albanians from their homes. More than one year later, approximately 1500 people are still displaced. But the question that begs asking: Does this mean the reconstruction of these houses guarantees the reconstruction of these communities? If the basic conditions for the “reconstruction of life”-- and not just the reconstruction of houses-- are not created, then it is clear that the reconstruction efforts will not serve the declared purpose: to assure that the communities touched by the March violence are welcome and that there is a place for them, indefinitely. Given these circumstances, it is of the utmost importance to have a multi-lateral approach to the reconstruction of life by guaranteeing everyone the basic conditions for a free and undisturbed future in Kosovo. Life cannot be relegated to mere survival. Although the human rights situation in Kosovo has, to a degree, improved in certain sectors, I must reiterate from the previous annual report that the general level of human rights protection is still below minimum international standards. A great deal must be done to strengthen the mechanisms for such protection. The parliamentarians of the Council of Europe proposed and later adopted an extensive list of recommendations to strengthen human rights mechanisms here which I have tried to share with many of Kosovo’s leaders. The proposals will, in fact, help to build a sturdy human rights infrastructure - something which nearly all players in Kosovo acknowledge is badly needed and has not succeeded during the years of UN administration in Kosovo. The Ombudsperson Institution responds to the needs of a situation and strengthening its capacity is essential in order to act on these needs. During this year, the Ombudsperson created new entities addressing discrimination, children’s rights, and gender-related issues. Additionally, the field offices of the Institution have been expanded in order to better serve Kosovo’s communities throughout the region. Keeping in step with the process of the gradual transition of authority in Kosovo, the Ombudsperson Institution deals more and more with cases related to local governmental entities. Nevertheless, as a part of developing democratic precepts these difficult and sometimes strained relations between the Ombudsperson and local government bodies are to be, at this stage, expected. The proper understanding of such bodies like the Ombudsperson Institution by political leaders, government and people in the modern democratic landscape is to be considered a 3 precondition for maintaining or developing the role of the Institution — that is, understanding the prerogatives of the Institution and its importance as a special, powerful resource available to the general public for the oversight of the executive authority. I still consider, however, that for a certain period of time only an international Ombudsperson would be able to guarantee the efficient functioning covering both the international and local governmental structures, while at the same time taking into proper consideration the interests of all ethnic communities in Kosovo. This report is, in fact, the beginning of my farewell to Kosovo. In the upcoming period my efforts will be very much concentrated on preparing the framework for another new stage of the Institution “without me.” The past five years as Ombudsperson have cemented my relationship to this land and people. I have been privy to its intimate secrets and obvious troubles while having the distinct privilege of having met a great many who live here and also those who have been forced elsewhere. My work here has always been intended to benefit the general population and be helpful to the governing structures. Even if my conclusions have been rather severe, one should remember however that these conclusions are nevertheless from a long-standing friend of Kosovo and its people. Marek Antoni Nowicki Ombudsperson in Kosovo July 2005 4 INTRODUCTION This Annual Report is issued in accordance with Section 17.1 of United Nations Mission in Kosovo (UNMIK) Regulation No. 2000/38 on the Establishment of the Ombudsperson Institution in Kosovo and Rule 22.1 of the Rules of Procedure of the Ombudsperson Institution. The Fifth Annual Report covers the fourth full year of operations of the Institution, from 1 July 2004 to 30 June 2005. It has three main sections. The first section is an introduction to the Ombudsperson Institution, its staff and its work. The second section comprises a brief analysis of certain aspects of the human rights situation in Kosovo as seen from the perspective of the Ombudsperson and the third informs about the activities and operations of the Ombudsperson Institution during the reporting period. FACTS ON THE OMBUDSPERSON INSTITUTION Introduction to the Ombudsperson Institution Established by UNMIK Regulation No. 2000/38, the Ombudsperson Institution is an independent institution which has the role of addressing issues concerning alleged human rights violations or abuse of authority by the Interim Civil Administration or any emerging central or local institution in Kosovo. It officially opened on 21 November 2000 in Pristina and consists of the international Ombudsperson himself, his two local deputies, human rights lawyers and supporting administrative staff. Since the very beginning, the staff of the Ombudsperson Institution has been multiethnic – the majority is of Albanian ethnicity, other staff members are of Serbian, Turkish and Roma origin. The Ombudsperson Institution accepts complaints from anyone who believes that he or she has been the victim of a human rights violation or an abuse of authority and conducts investigations into these complaints. The official working languages of the Institution are Albanian, Serbian and English. It will make an effort to provide a complainant with service in his/her/their language even if it is not one of the three languages mentioned above.