Measured in terms of new laws, progress towards ensuring many internationally- recognized human rights and fundamental freedoms has been significant. The Constitutional Framework (see p.17) now calls on all the future institutions of self-government specifically to observe and ensure the full range of rights and freedoms. Other basic rights, like labour rights, are being addressed.

On the other hand, at grass-roots level, these and other rights, especially those pertaining to Kosovo minority groups, continue to command both UNMIK and international attention. In particular, the civil right to the rule of law is the goal of UNMIK's recent strengthening of the administration's police and justice functions.

Rights recognized

Initially the Mission undertook a huge humanitarian rescue operation. Today those basic rights are safeguarded by house reconstruction and winterization programmes and social welfare policies. Other basic human rights are underwritten by restored public services, new and strengthened public institutions and retrained public servants. UNMIK's interventions range from restoration of civil documents issuance, to policies for expectant and nursing mothers. It is responsible for a significant gender equality programme, training and codes of practice for the police, judges and prosecutors, education reforms bringing schools and higher education up to European standards, travel documents accepted abroad, and much more.

The right to return intimidated: Nis bus bombing in February 2001 sent shock waves through all Kosovo minority communities (Photo: Ky Chung)

Discriminatory laws identified in FRY and Serbian law have been excluded from applicable law on principle, often overwritten by specific human rights regulations. While past discriminatory practices are a factor in judging private property cases, for the majority the right to own property has been effectively restored.

Freedom of speech is guaranteed, and, in relation to the media, upheld by the Temporary Media Commissioner. Freedom from slavery in a modern form, namely forced prostitution, is the basis of an UNMIK regulation criminalizing human trafficking.

The right to participate in government was exercized in UNMIK's early establishment of the Kosovo Transitional Council (KTC), the municipal councils and boards of the Joint Interim Administrative System (JIAS) (see p.11) and the municipal elections of October 2000. The right to periodic and genuine elections with universal and equal suffrage held by secret and free voting is one of many now enshrined in the Constitutional Framework for Provisional Self-Government (see p.17).

An Ombudsperson's Office set up in November 2000 acts as an independent body to protect and promote human rights generally. Its main task is to investigate complaints by any person or entity regarding human rights violations, or actions constituting an abuse of authority by the interim civil administration, as well as any emerging Kosovo central or local institutions.

Some internationally recognized rights are not yet in place for lack of time or resources. For example. the right to social security depends partly on a viable social insurance scheme and the ability of the Kosovo Consolidated Budget to contribute its share.The right to a standard of living adequate for the health and well-being is supported, as in all modern economies, indirectly: the private sector, not public service, should be the main employer.

The specific rights of women under international protocols and declarations, especially those affected by government policies are promoted by UNMIK's Office of Gender Affairs (OGA). A high-profile policy advisory office, the OGA raises awareness of gender issues within UNMIK itself. Its priorities also include lack of female participation in key spheres, including politics; violence against women; and women's marginalization from Kosovo's economic recovery. Thanks to the OGA , six women were appointed to the KTC; seven out of 20 administrative Co-Heads are women.

The Mission as a whole pays particular attention to a criminal practice in Kosovo that infringes every human and civil right conceivable: human trafficking and forced prostitution. The fight against is in the joint hands of KFOR, OSCE and UNMIK Police Trafficking and Prostitution Investigation Unit. Hundreds of women have been rescued and repatriated.

Rights still to come

The living tragedy of not knowing: relatives demand action on the fate of missing persons (Photo: Ky Chung)

Areas where UNMIK acknowledges much remains to be done include the rights curtailed as a consequence of recent history - the right to know the fate of missing relatives, to securely own property, move freely and to access to public services. Together with the right to protection from criminal behaviour, all such rights are fully recognized by UNMIK.

UNMIK entrusts the task of strongly promoting and protecting human rights primarily to its Institution-Building Pillar (OSCE), which fulfills it first by monitoring the extent to which those rights are infringed. The Organization's five regional centres and 21 field offices monitor and report on human rights violations in four main categories: ethnic minorities, property, human trafficking and the functioning of the legal system.

OSCE also publishes, jointly with UNHCR, regular assessments of the minorities' situation, especially with regard to property and the legal system. Its latest report confirms that lack of security remains a key issue for minorities - hampering access to health, education and public services.

The issue of those missing and of those detained in Serbian prisons is emotionally- and politically-divisive for all communities. It also impacts on relations between UNMIK and the FRY. The lead unit for resolving them is the UNMIK Bureau for Detained and Missing Persons under the SRSG's Office of Human Rights and Community Affairs (OHRCA). Two high-level UNMIK Contact Groups for missing persons and detainees exchange information with FRY officials in bimonthly meetings.

Most of the 2,000 Kosovo Albanians originally detained have now been released, either through private negotiation or under a FRY amnesty granted in February 2001. The end-April release of 145 Kosovo Albanians charged with "terrorism", when the Serbian Supreme Court overturned the controversial verdict on the "Gjakova Group", was a further breakthrough. In mid-2001, some 200 Kosovo Albanians remained in Serbian prisons.

UNMIK's Bureau for Detainees and Missing Persons co-locates representatives of OSCE, the International Committee of the Red Cross (ICRC) and the UNMIK Police Missing Persons Unit (MPU) in two centres, in Pristina and Gracanica. The UNMIK Police Missing Persons Unit (MPU) investigates the cases of all missing persons and, from mid-2001, took over the practical work of recovering bodies and identifying the remains. The International Commission on Missing Persons will carry out DNA testing. .

Minority rights

Roma, Ashkali and Egyptian children assemble for visit by Kosovo Albanian leaders (Photo: Ky Chung)

The rights of Kosovo minorities remain central, delicate and complex, particularly those concerned with security, safety and well-being of Kosovo's Serb, Roma, Ashkali and Egyptian (RAE )communities. Their protection under the Constitutional Framework for Provisional Self-Government, the preparations for Kosovo-wide elections and pressure to have minority groups participate highlight those concerns. They are also central to efforts to ensure the right of displaced minority groups to return to their homes.

Reflecting the importance of returns for the FRY Government, a Framework for Return of Kosovo Serbs was endorsed by the Joint Committee on Returns (JCR) in January 2001. In June it was agreed as a set of principles by the IAC. Under it, some ten sites have been identified where organized returns of Kosovo Serbs to their communities can best take place. UNMIK is meanwhile also examining the return prospects of displaced RAE community members. Under the Returns Framework, any returns have to be incremental, closely coordinated, safe, secure and sustainable. This rules out large-scale returns in the foreseeable future.

Key issues for all who do return is their freedom of movement and the related right to access public services. In principle enjoyed by all Kosovars, neither can be exercized without the associated right of safe travel-to access, for example, municipal buildings where public services are available. Ultimately, it will be up to obligatory Community Committees in each municipal administration to ensure such access. Meanwhile, minorities confined to enclaves depend crucially on UNMIK's 23 Local Community Offices (LCOs) and their OSCE and UNHCR counterparts. Between them they link enclaved minorities with public utility suppliers, local healthcare and education providers and central departments such as Health and Social Welfare, and Labour and Employment. They also transport many basic essentials of life, from foodstuffs to newspapers.

Another right in jeopardy for some in Kosovo is the right to acquire and own property and, through the rule of law, to have ownership rights upheld. The reality is that destruction of both property and records, discriminatory legislation, illegal occupations, forced evictions and sales, and the exodus of people going back to 1989 have led to the collapse of the foundations that normally protect property rights. With tens of thousands of Kosovars facing unresolved housing disputes, UNMIK set up the Housing and Property Directorate (HPD) and its affiliate, the Housing Property Claims Commission to bring order and reach decisions regarding property restitution. By mid-2001, HPD had received over 2,800 claims and had another 800 in process.

Outlook

Higher profile-for women in the Kosovo Police Service and for the police service within UNMIK (Photo: Lubomir Kotek)

The right to equality before the law and to protection by the rule of law calls for an executive and judicial system that acts without discrimination and arbitrary arrest, detention or punishment. It gives citizens access to effective remedy, including an appeal mechanism, by a competent national tribunal. It also requires sufficient resources and efficient management of the public services charged with providing that protection.

This was why in May 2001, UNMIK brought both the public services involved, the officers of the law (the international and Kosovo Police Service), and the resources of the Department of Judicial Affairs together under a single management. It also raised their profile-as the new Police and Justice pillar (see box below).

The outlook for other human rights, will depend on turning theory and practice on the ground. It is one thing to enshrine people's rights in the Constitutional Framework. But such principles also have to be internalized so they become a part of the pattern of thinking. Only then will everyone in Kosovo, regardless of ethnicity, feel their human rights are secure. The test case will be safe and sustainable return for all minorities: a person's ability to come back and to stay safely requires the fulfillment of many different rights, personal security above all.

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