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Last Update: 28 July, 2009 10:18 AM GMT+1

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UN tribunal reverses contempt of court conviction of former Kosovo minister

23 July 2009 – The United Nations war crimes tribunal set up in the wake of the Balkan conflicts of the 1990s today overturned the conviction of Kosovo’s ex-minister of culture, youth and sports for contempt of court for trying to intimidate a trial witness, but upheld the conviction on the same charge of one of his political advisers.
The appeals chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) ruled that it was reversing the conviction of Astrit Haraqija, who was sentenced last December to five months’ imprisonment, but affirming the conviction and sentence for Bajrush Morina, who was given three months in jail.

Mr. Haraqija and Mr. Morina had both appealed their contempt of court convictions for intimidating a protected witness in the trial of the former Kosovo Albanian military leader Ramush Haradinaj and others. Prosecutors had also appealed, asking for the sentences to be increased.

The ICTY appeals chamber found that the trial chamber had given too much weight to untested evidence, largely based on “double or even triple hearsay,” when it concluded that Mr. Haraqija had influence over Mr. Morina and had instructed him to commit the crime of contempt. But it rejected Mr. Morina’s grounds of appeal.

The two men had been on provisional release since earlier this year, having already served the duration of the sentences imposed by the trial chamber.

In 2008, the ICTY, which is based in The Hague, acquitted Mr. Haradinaj and his co-accused Idriz Balaj of charges they were responsible for war crimes and crimes against humanity in Kosovo 10 years earlier. Another co-accused, Lahi Brahimaj, was sentenced to six years’ jail for the cruel treatment and torture of two persons.

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Kosovars displaced by war face reintegration obstacles, says UN rights expert

Walter Kälin, the Secretary-General’s Representative for the Human Rights of IDPs
7 July 2009 – More than one decade after the Balkan wars concluded, Kosovars uprooted by fighting then continue to face serious challenges in returning home and local integration, a United Nations human rights expert said today.
“All persons who were internally displaced from or within Kosovo have the right to return but are also entitled to integrate wherever they currently are,” said Walter Kälin, the Secretary-General’s Representative on the human rights of internally displaced persons (IDPs), after wrapping up a week-long trip which took him to Belgrade, Pristina and other cities.

His mission to the region, he stressed, was in line with Security Council resolution 1244, which reaffirms Serbia’s sovereignty and territorial integrity and also gave the UN Mission in Kosovo (UNMIK) administrative authority. Further, he underscored that any reference to Kosovo – whether to its territory, institutions or population – is to be understood to be in accordance with the UN’s position of strict neutrality on its status.

While welcoming authorities’ expressed commitment to help IDPs, regardless of their ethnicity, return, Mr. Kälin saw entrenched patterns of discrimination, lack of access to employment, few schools for minorities and difficulties in repossessing property, among other obstacles to return.

Nearly 800 IDP families have registered to return to or within Kosovo this year, marking “an important test case,” he said, with the programme’s outcome showing whether authorities are willing to accept and facilitate returns.

Since his last visit to the then Serbia and Montenegro in 2005, he said that he has seen marked improvements in the local integration of the displaced.

For example, in a “positive” and “clear step forward,” the Serbian Commissioner for Refugees and others have helped IDPs leave “dreadful” collective centres and move into their own homes, the Representative said.

But he cautioned that bureaucratic barriers could impede the access of IDPs – the vast majority of whom are of Serb ethnicity – to public services.

“If you want to give internally displaced persons a realistic chance to return one day, you have to first allow them to re-establish a normal life,” he emphasized.

Mr. Kälin in also voiced his concern over the situation of IDPs of Roma, Ashkali and Egyptian ethnicity, who have “been living on the margins of society even before they were displaced.”

Many of their children do not attend schools and they also cannot access housing, social and health state benefits because they lack recognized addresses, he said, calling on authorities to treat them as any other IDPs.

He said he was alarmed that hundreds of Roma IDPs are still living in Cesmin Lug Camp, where they had been placed by the UN one decade ago, and the adjacent Osterode barracks in Mitrovica.

“These people live in the immediate vicinity of toxic waste that poisons their blood with lead,” especially the children, the expert said.

“This is a humanitarian emergency and a very serious human rights issue. The lives and health of these sick children must not be abused for political purposes.”

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Kosovo operation now different, but still vital to ensuring stability – UN envoy

17 June 2009 – While the United Nations mission has reconfigured itself in response to the prevailing situation on the ground after Kosovo’s declaration of independence from Serbia last year, it still has an important role to play in ensuring stability in the area, its chief said today.
"UNMIK's role today is different, but no less relevant or vital," Lamberto Zannier, the Secretary-General's Special Representative, told the Security Council as he presented Ban Ki-moon's latest report on the UN Interim Administration Mission in Kosovo.

While the world body has remained neutral on the question of the status of Kosovo, UNMIK has been undergoing a process of restructuring to adapt to the prevailing situation.

The reconfiguration plan includes an enhanced operational role for the European Union in the area of rule of law under a UN “umbrella” headed by the Secretary-General’s Special Representative and in line with the 1999 Security Council resolution (1244) that established the mission.

“The newly reconfigured UNMIK will continue to perform its functions under Security Council resolution 1244 with the overall aim of ensuring peace and stability in Kosovo,” said Mr. Zannier, who heads the mission, which took over in 1999 after NATO forces drove out Yugoslav troops amid deadly fighting with the majority ethnic Albanian population.

The Special Representative said that with the reconfiguration now complete, UNMIK has progressively shifted its focus towards an increasingly diplomatic and political role targeted on facilitating dialogue and external relations, and fostering minority rights.

“UNMIK’s reconfiguration is both timely and necessary,” he said. “Moreover, it has served to enhance UNMIK’s effectiveness in view of the prevailing circumstances on the ground, which have increasingly limited the scope for performing administrative functions.”

The reconfiguration is also providing an opportunity to enhance cooperation between the various UN actors operating in Kosovo, improving the overall coherence and effectiveness of the world body’s actions and promoting greater interaction, he added.

In his recent report, Mr. Ban welcomed the assumption of full operational capability by the EU mission (EULEX) and said that he is encouraged by the level of cooperation between it and UNMIK on the ground.

“Our goal, with the support of EULEX, OSCE [Organization for Security and Cooperation in Europe] and the international military presence, remains to ensure stability, foster reconciliation and allow for the return of IDPs [internally displaced persons],” said Mr. Zannier.

He added that the UN remains “uniquely situated” to play a useful role, including by acting as an intermediary between parties that are not ready to deal with each other directly. “Our status neutrality allows us to use our efforts to nurture the reconciliation of Kosovo’s communities and foster regional cooperation.”

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Secretary-General appeals for continued support for UN’s Kosovo mission

15 June 2009 – Secretary-General Ban Ki-moon has appealed for cooperation and constructive engagement from all concerned for a reconfigured United Nations mission in Kosovo, which he says is continuing to play an important role amid the changing reality on the ground following Kosovo’s declaration of independence from Serbia last year.
While the world body has remained neutral on the question of the status of Kosovo, the UN Interim Administration Mission there (UNMIK) – which took over in 1999 after NATO forces drove out Yugoslav troops amid deadly fighting with the majority ethnic Albanian population –has been undergoing a process of restructuring to adapt to the prevailing situation.

The reconfiguration plan includes an enhanced operational role for the European Union in the area of rule of law under a UN “umbrella” headed by the Secretary-General’s Special Representative and in line with the 1999 Security Council resolution (1244) that established the mission.

A reconfigured UNMIK would continue to carry out many functions, including those related to a dialogue with Serbia on provisions in six areas: police, courts, customs, transport and infrastructure, boundaries and Serbian patrimony.

“UNMIK, as reconfigured, can continue to play an effective and useful role in mediating between communities, in promoting practical arrangements that can benefit both Pristina and Belgrade, and in carrying out the functions set out in my reports of 12 June and 24 November 2008,” Mr. Ban wrote in a report to the Security Council, referring to the details of the restructuring that he put forth last year.

“However, in order to do so effectively, UNMIK requires the cooperation and constructive engagement of all concerned,” he added. “The continuing support of the Security Council and of the broader international community for a reconfigured UNMIK is of crucial importance.”

He commended in particular the Mission’s efforts to mediate between communities amid recent tensions in northern Mitrovica, and welcomed the positive outcomes reached through the coordinated efforts of UNMIK, the EU rule of law mission (EULEX) and the NATO-led international force (KFOR).

The Secretary-General welcomed the assumption of full operational capability by EULEX, noting that its operational role in the rule of law sector, under the overall authority and within the status-neutral framework of the UN, is key to the maintenance of stability on the ground.

“As EULEX develops its road map for the strengthening of the rule of law throughout Kosovo, the concerns of all communities should continue to be taken fully into account, in close consultation with UNMIK,” he said.

Mr. Ban also noted that Kosovo authorities continued to act on the basis of the ‘Constitution of the Republic of Kosovo’ and made a series of public statements requesting UNMIK to conclude its mission, “asserting that Security Council resolution 1244 (1999) is no longer relevant and that they had no legal obligation to abide by it.”

In addition, although the Kosovo authorities maintained minimal contact with his Special Representative, Lamberto Zannier, during the reporting period from 10 March to 31 May, there continued to be “practical cooperation” between UNMIK representatives and Kosovo officials.

“My Special Representative and international stakeholders encouraged Pristina to take a more constructive stance towards engagement with UNMIK,” Mr. Ban stated.

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Former Kosovo minister held on contempt granted provisional release by UN tribunal

9 April 2009 – The United Nations war crimes tribunal set up in the wake of the Balkan conflicts of the 1990s has ordered the provisional release of Kosovo’s ex-minister for culture, youth and sport, who was convicted of contempt of court for trying to intimidate a witness in a war crimes trial. Astrit Haraqija has completed his five-month sentence imposed by the International Criminal Tribunal for the former Yugoslavia (ICTY), which found him guilty of trying to persuade a Prosecution witness not to testify in the trial of former Kosovo Albanian military leader Ramush Haradinaj. Both the Prosecution and the Defence have appealed the Tribunal’s judgement to release Mr. Haraqija, whose freedom is now dependent on the outcome of the Appeals judgement. Bajrush Morina, part-time editor of the Kosovo newspaper Bota Sot and former political advisor to the Deputy Minister for Culture, Youth and Sport, was also accused of the same crime and received a three month sentence, having been granted provisional release in February. “The Tribunal holds the safety of its witnesses and confidentiality of its protected materials in high regard,” it said in a press release issued in The Hague. To date, dozens of people have been charged with witness intimidations, refusing to answer questions in court, leaking confidential court documents and breaching protective measures.

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Leaders must put needs of Kosovo’s communities first, says top UN envoy

Lamberto Zannier, Head of UN Interim Administration Mission in Kosovo
23 March 2009 – Although strides have been made to consolidate stability in Kosovo, leaders in Pristina and Belgrade must give priority to needs of Kosovo’s communities ahead of their own political interests, a senior United Nations official told the Security Council today.
Secretary-General Ban Ki-moon’s Special Representative Lamberto Zannier said that since his briefing last July, the situation in Kosovo, which was administered by the UN after Western troops drove out Yugoslav forces amid inter-ethnic fighting over eight years ago, has remained relatively peaceful.

In February 2008, Kosovo declared its independence, in a move rejected by Serbia, and the UN has remained neutral on the issue.

While both Pristina and Belgrade have endeavoured to maintain peace in the area equally, “both have stopped short of where we need to be in order to feel confident that Kosovo is well and truly launched onto the path of lasting peace and prosperity,” Mr. Zannier said at today’s open debate.

He also briefed the Council on the reconfiguration of the UN Interim Administration Mission in Kosovo (UNMIK).

Last December, the European Union’s Rule of Law Mission, or EULEX, successfully assumed full responsibility in that sector – which includes police and justice functions – under the overall authority of the UN.

As a result, the number of UNMIK police has decreased from 1,288 to 49, and there are no more UNMIK judges in Kosovo’s courts, although the Mission remains on the ground to consult with various groups on issues, including cultural and religious ones, affecting the area’s communities.

The envoy highlighted some of the challenges Kosovo faces, such as the sharp drop in the pace of the voluntary returns of internally displaced persons (IDPs) and the large number of missing persons from the conflict.

Further, the issue of electric power supply “continues to plague the everyday lives of all of Kosovo’s residents,” and the problem is due primarily to non-payment by many consumers, including the wholesale lack of compensation by the Kosovo Serb community, he said.

The Kosovo Energy Corporation has allowed for malfunctions in the power supply to remain unfixed for periods of one week or more in a bid to receive late payment.

“Although this policy is affecting all ethnic groups to different degrees, the issue has been politicized, leading to demonstrations by angry residents of Kosovo Serb-inhabited villages, who have recently clashed with the Kosovo Police when protestors tried to block traffic on main thoroughfares,” Mr. Zannier told the meeting, which heard from over one dozen speakers.

In his latest report to the Council on UNMIK, Secretary-General Ban Ki-moon wrote that although there is a perception among many Kosovo Albanians that the Mission has run its course, it has stepped up the pace of its adaptation to the changing situation on the ground.

Under “significant pressure” from opposition parties, authorities in Kosovo have repeatedly said in recent months that resolution 1244, which set up UNMIK, is “no longer relevant and that the institutions of Kosovo have no legal obligation to abide by it,” the publication said.

The report noted that, in line with Belgrade’s official policy, many Kosovo Serbs are rejecting the legitimacy of Kosovo’s authorities, although many are applying for identify cards, driver’s licenses and other Kosovo documentation.

Notwithstanding these developments, Mr. Ban said that the reconfiguration of UNMIK, for which he called in response to the “profoundly changed reality” on the ground, has picked up pace.

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Kosovo: pace of UN mission’s reconfiguration picking up – Ban

19 March 2009 – Despite a perception among many Kosovo Albanians that the United Nations peacekeeping mission in Kosovo has run its course, Secretary-General Ban Ki-moon wrote in a new report that it has stepped up the pace of its adaptation to the changing situation on the ground.
Under “significant pressure” from opposition parties, authorities in Kosovo have repeatedly said in recent months that resolution 1244, which set up the UN Interim Administration Mission in Kosovo (UNMIK), is “no longer relevant and that the institutions of Kosovo have no legal obligation to abide by it,” the publication said.

UNMIK took over the administration of Kosovo in 1999 after North Atlantic Treaty organization (NATO) forces drove out Yugoslav troops amid deadly fighting with the majority ethnic Albanian population there.

The UN has remained neutral on the question of the status of Kosovo since its declaration of independence last February, a move rejected by Serbia.

The report to the Security Council on UNMIK noted that, in line with Belgrade’s official policy, many Kosovo Serbs are rejecting the authority of Kosovo’s authorities, although many are applying for identify cards, driver’s licenses and other Kosovo documentation.

Notwithstanding these developments, Mr. Ban said that the reconfiguration of UNMIK, for which he called in response to the “profoundly changed reality” on the ground, has picked up pace.

After almost 10 years of policing Kosovo, UNMIK has been phasing out its police component to allow the European Union Rule of Law Mission in Kosovo, known as EULEX, to assume its operational functions in the rule of law sector under the UN’s overall authority.

The Secretary-General said this joint effort with the UN has taken place without significant security incidents and with the support of Pristina, Belgrade and international partners. “It constitutes a major milestone in the international involvement in Kosovo, and a positive example of cooperation between the United Nations and the European Union,” he wrote.

Also last November, UNMIK’s head told the Council that the mission is re-orienting its field presence to concentrate in areas occupied by ethnic non-Albanians following Kosovo’s declaration of independence.

“The recent actions of the institutions of Kosovo have made it no longer possible or practicable for UNMIK to function as an administrator,” Secretary-General Ban Ki-moon’s Special Representative Lamberto Zannier.

“We need to be able to concentrate on the areas where we can still make a difference for good, rather than attempt to continue functions which are neither relevant nor needed,” he said, noting that UNMIK would monitor the well-being of the non-Albanian communities and retain a support and mediation role.

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News stories compiled from UN News Centre
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