UNMIK/FR/0063/01
FEATURE RELEASE - 17 August 2001

Ombudsperson Institution

Carrying the Torch of Reconciliation and a Champion of Human Rights

"We should take new steps for creating fresh dialogues in society," says Marek Nowicki, Ombudsperson as he organizes his busy schedule of visits to different regions. Charged with improving protection of human rights in Kosovo, since October 2000 Nowicki and his Deputies travel to different parts of Kosovo to make the Ombudpserson Institution's (OI) work known to the public, to meet with members of minorities and to visit enclaves.*
Nowicki believes the OI, established in June 2000, should play an important role in reconciling Albanians and Serbs, whose difference remain a major barrier to building a multi-ethnic society. To that end much of OI's efforts are directed there.

Socio-economic issues facing all communities are another major facet of OI's work. Issues raised in individual appeals are mainly related to property issues (for example, governmental confiscations or property damage). Next in importance comes employment issues (such as non-payment of salaries or unjust dismissals), fair trial, and personal liberty and security issues. Although the OI strives for a wide outreach, minority communities have the most difficulty in benefiting from its work-some 112 applications from Serbs against 228 from Albanians to date.

Donna Gomien, Deputy Ombudpserson, is acutely aware of access problems facing minorities, which is why the OI office is making determined efforts to meet them. Lawyers from OI go out to different regions regularly. Next week, for example, the OI will organize a meeting between the municipal authorities at Orahovac/Rahovec and the Roma and Ashkali communities-"A forum where they can air their grievances," says Gomien.
Under its mandate, the OI carries out two kinds of investigations. Firstly it looks into individual applications complaining of alleged human rights violations and abuses of authority by governmental entities. Secondly, it undertakes ex-officio investigations on its own initiative. Such investigations can broach any topic, although they are usually an ad-hoc method of collecting information on the situation of minorities and issues relevant to them. By using these two methods, says Gomien, the Ombudsperson Institution is behaving in both a proactive and reactive manner: "It's an important balance to maintain in this type of business," she adds.

Between November 2000 and June 2001 some 15 ex-officio investigations have been conducted. These are based on information received from letters, articles in the press and other sources. One such case was taken up following complaints by Kosovo Serb parents regarding the absence of a school for 250 Serb children in Lipjan/Lipljan. Previously the school had been held in a private house, which was sold by the owner. Now the parents are looking for a building, and Nowicki, serving as a mediator, is meeting with municipal authorities, Serb leaders and other parties to try and resolve the issue.

Another ex-officio case, now in an early stage, is investigating allegations of discriminatory social welfare practices in Fushë Kosovë/Kosovo Polje against Kosovo Serbs. Becaause OI has received many individual appeals on this count, Gomien, believes this problem could be systemic. OI is also looking into Public Utilities Exemption Scheme introduced last year allowing poor families to apply for exemptions from huge bills. Gomien says the way the quota was established as to who could apply discriminated against minorities.

Other matters being investigated by OI include the question of non-payment of pensions, which are disbursed by Belgrade, to Albanians at the political level. To date the matter is unresolved.

Currently Nowicki and his team of deputies visit the regions once a week, often going to enclaves and isolated communities, inhabited mainly by Kosovo Serbs and Romas/Ashkalils-enabling individuals can hand in their appeals personally. Recently he began taking Kosovo Albanian journalists with him on such visits "to make them more sentitive to problems of non-Albanians, especially in the enclaves," Nowicki says.
Although the greatest number of appeals comes from Albanians, a major issue plaguing minorities, which OI is trying to solve, is the security issue for other ethnic groups, especially Serbs and Romas. "For this reason we have a special project that foresees the opening of four offices in four different regions of Kosovo, as well as sending our investigators there to collect appeals," says Nowicki.

In May 2001 the Ombudsperson introduced regular "Open Days" which provide an opportunity for the public to meet with Nowicki directly to discuses their cases or raise matters of concern. This provides an avenue of access for all communities - yet another bridge at building reconciliation.

* The Ombudsperson Institution comprises an international as the head, and three deputies, one of whom is an international. The other two are locals, one Kosovo Albanian and one Kosovo Serb. The OI has no executive, judicial or legislative authority - its only powers are to make public recommendations and opinions. In every case Nowicki's role is that of mediator as he must seek the views of both individuals and the government in any investigation.

Note for editors
The full document may be consulted online in English at http://www.unmik.org/. Albanian and Serbian versions can be provided.

For a selection of photographs, please contact Mr Ky Chung at 038 504-604 ext. 5467