Upholding Kosovo Serb Rights and Interests
By Hans Haekkerup, SRSG - UNMIK
BLIC, 27 October 2001

The protection and promotion of the rights and interests of individuals is a cornerstone of any society aspiring to democracy. International authorities administering Kosovo recognise that Serbs in the province - and those planning to return to homes here - face many problems that diminish their quality of life. Many of their concerns are well-founded. For this reason the UN and its partners in the administration have focussed on the urgent need to provide greater security and create guarantees for Serb interests in the territory. The aim is to build a democratic and peaceful environment for all the people of Kosovo, regardless of ethnic background
UNMIK has achieved much in the past two years, but there is still a lot to be done. The substantive rights of the Serb community are guaranteed in the Constitutional Framework, which provides a high level of human rights and gives the Kosovo Serbs, as a community, a range of specific guarantees. Among these are guaranteed representation in the Assembly to be elected next month as well as a reserved seat on the seven-member Presidency of the Assembly. The new government will include at least one minister from the Serb community. The use of the Serbian language in central and local government institutions is enforced by an UNMIK regulation as well as by the Constitutional Framework, and all official and administrative documents will be made available in Serbian.
These guarantees will be reinforced by administrative directives from the Special Representative of the UN Secretary General when required. A regulation will be published soon to ensure that all communities have a right of representation with regard to flags and symbols.
All of Kosovo's communities are now in a position to participate in the 2001 Kosovo-wide election. Over 170,000 non-Albanian registrants have been processed, of whom 70,000 are in Kosovo, and 101,000 are in Serbia and Montenegro. OSCE believes that the voter registry is truly inclusive. The voter registration and party/coalition certification periods were extended at the request of Kosovo Serbs. Widespread turnout could secure as many as 25 seats for Kosovo Serbs in the Assembly (including the ten set-aside seats). This would make them a powerful political factor in the Assembly and an effective force to promote and defend their community's interests. Steps are being taken to make sure that all communities can vote in a secure environment. These include setting up polling stations in communities with restricted freedom of movement, and providing resources that will allow the Kosovo Serb population, including IDPs, to vote if they choose to,
Freedom of movement remains a problem for Kosovo's Serbs, but UNMIK, working with UNMIK police and KFOR, is committed to improving security. The "freedom of movement train", which runs a twice-daily stopping service between Liplan and Mitrovica for Serbs and Albanians, now carries about 10,000 passengers each week. Bus routes have been established between Serb communities, and so far this year the police have provided around 3,000 escorts for members of the minorities who need extra security. KFOR provides 'point security' - for more than a thousand static guards - at over 150 Serbian patrimonial sites.
Kosovo Serb recruitment into the Kosovo Police Service is healthy, and has included enquiries from serving MUP officers. There is hope that the future returns of minorities will increase the number of candidates. Kosovo Serb officers make up more than 8 per cent of the police force and mixed patrols are now operating successfully in some areas. The Kosovo Police Service School runs a completely ethnically mixed training package. Lessons are conducted on a multi-lingual basis and the school is one of the most positive examples of how ethnic integration can succeed. The Department of Judicial Affairs is building up a multi-ethnic judiciary, and recruitment of Kosovo Serbs is a focal point here. Some Kosovo Serb judges and one prosecutor have begun working with their Kosovo Albanian colleagues in selected mixed or Albanian-dominated areas. Kosovo Serbs are being recruited also into support positions in judicial institutions. In addition, a Kosovo Serb sits with four Kosovo Albanians and five internationals on the Judicial and Prosecutorial Council, which advises the SRSG on the appointment and removal of judges and prosecutors, as well as conducting disciplinary hearings of judges and prosecutors.
Meanwhile international judges and prosecutors are now dealing with serious cases involving Kosovo Serbs. This makes it possible to address the specific issue of perceived and, in some instances, real bias within the local judiciary. UNMIK is developing a correctional service that fully adheres to established international standards and respects human rights. Prisoners throughout Kosovo are entitled to security, regular family access, special diets and access to religious services. The Kosovo Serb prison population is generally less than 7 per cent of the overall prison population in Kosovo. This is entirely consistent with what is perceived to be the current Kosovo Serb population in Kosovo.
In local administration, ten of fifteen mixed municipalities with Kosovo Serb residents currently have Kosovo Serb participation in the local assemblies and/or in municipal structures. There is generally a positive trend in the communication and dialogue between Kosovo Albanians and Kosovo Serbs. While it is true that the Local Community/Municipal Offices have not been established in all locations, this is partly due to the non-participation of Kosovo Serbs. This is currently being rectified by the direct intervention of UNMIK.

With a large number of Kosovo Serbs still living outside the provincial boundaries, the Joint Committee on the Return of Kosovo Serbs (JCR) adopted an action plan in early June covering the most advanced potential return locations in Kosovo, including the Osojane Valley. The success of small-scale return to ethnically mixed communities demonstrate the possibility of peaceful co-existence between the Kosovo Serb and Kosovo Albanian population in Kosovo. These examples are important precedents for further progress.
Other main concerns for Kosovo's Serbs include such important issues as missing persons, property and education. All are priorities for UNMIK as well. The police's Missing Persons Unit has been expanded from eight to 60 officers, and a temporary sub-office has been set up in Belgrade to facilitate closer co-operation with Belgrade authorities and the MUP. The UNMIK/FRY Contact Group on the Missing has built up its activities, centered on close cooperation and coordination at all levels with the FRY/Serbian authorities. An information campaign is soon to be launched to improve awareness about property rights and the role and activities of the Housing and Property Directorate. The deadline for the claims period has now been extended. The subject of higher education for Kosovo Serbs is also on the agenda, and also the facilities for the 22,000 Serb school children already in the education system in Kosovo.
Much more is happening, both at central and local government level. There has been progress. UNMIK and its international partners have taken up the challenge of working for human rights and community interests in Kosovo. But legislation and regulation are most successful when they are supported and applied by those they are designed to serve.