"The Council of Europe has urged its member states
   to abstain from forced repatriation of refugees from Kosovo."

 Council of Europe Parliamentary Assembly

 jetzt offizielle Fassung des

       Report: "Humanitarian situation of returnees to Kosovo"

Eine amtliche Übersetzung ins Deutsche ist kaum zu erwarten (die
Webseiten der Parliamentary Assembly sind in Englisch und Französisch).
_______________________________________________________________________
http://news6.thdo.bbc.co.uk/hi/english/world/europe/newsid_1296000/1296661.stm

Wednesday, 25 April, 2001, 15:37 GMT 16:37 UK

Appeal on Kosovo refugees

The Council of Europe has urged its member states to abstain from forced
repatriation of refugees from Kosovo.
    The Council's parliamentary assembly said special protection should
be given to people from vulnerable groups, like ethnic minorities.
    The assembly was discussing a report indicating that more than
ten-thousand people had been forced to return to Kosovo last year.
    Most of the ethnic-Albanians who left the province during the
conflict in 1999 have returned to Kosovo, but refugees remain in various
European countries.
    Since the end of the conflict, thousands of Serbs have left Kosovo,
mainly for other parts of Yugoslavia.

>From the newsroom of the BBC World Service
_______________________________________________________________________
http://stars.coe.fr/act/compress/CP01/296a(01).htm

Parliamentary Assembly debates the situation in Kosovo

Strasbourg, 25.04.2001 - The Council of Europe Parliamentary Assembly
today pledged its support for efforts towards a political settlement for
Kosovo and neighbouring regions and condemned recent violent acts in the
region.

Politics, human rights, the rule of law, culture and the humanitarian
situation for returning refugees were the focus of a joint debate on the
region in the Assembly.

Tarja Kautto (Finland, Soc), speaking on behalf of the Political Affairs
Committee, said violent actions by Albanian extremists in Kosovo,
southern Serbian and " the former Yugoslav Republic of Macedonia" must
be strongly condemned. She called on the authorities to continue efforts
to end the violence in a manner consistent with the rule of law. She
said close cooperation was vital between the authorities of the region
and the international community - particularly in view of the possible
future legislative elections in Kosovo.

After discussing a report tabled by John Connor (Ireland, EPP) for the
Committee on Migrations, Refugees and Demography on the situation of
returnees to Kosovo, the Assembly asked the Committee of Ministers to
request member states to abstain from any hasty action which might
result an uncontrolled mass arrival of returnees in Kosovo and to
provide full access to asylum procedures to asylum-seekers from the
region. The Assembly called on member states to recognise that it was
currently unacceptable to offer asylum applicants from Kosovo a
relocation to Serbia or Montenegro and that forced repatriation of
people at risk would very likely breach the 1951 Geneva Convention and
the European Convention on Human Rights.

The Assembly asked member states not to forcibly return to Kosovo or
expel people with special protection needs or belonging to vulnerable
population groups or minorities. It said that it was not possible to
repatriate minorities or incite them to go home. The Assembly urged the
international and local organisations and bodies present in Kosovo to
continue to cooperate, to look at conditions conducive to the safe,
voluntary return of minorities as an absolute priority and to set the
stage for a constructive, inter-ethnic dialogue open to all sides.

The Assembly said the Committee of Ministers should increase its
political and financial support for the Council of Europe office in
Pristina and give that office a mandate to monitor the process of return
of all refugees to Kosovo, in close cooperation with other international
and local organisations. It agreed to set up a working party composed of
representatives of its relevant committees, which should build on
existing initiatives towards inter-ethnic dialogue in Kosovo and
establish a programme and a timetable of seminars to be held on Council
of Europe premises. ./..

Cevdet Akçali (Turkey, EDG), for the Committee on Legal Affairs and
Human Rights, noted that human rights continued to be widely flouted in
Kosovo. He also expressed concern about the weaknesses of the legal
system put in place by the UN. As the Council of Europe was at present
the international organisation best placed to promote the protection of
human rights and participate in the drafting of legislation, the
Assembly recommended stepping up the organisation's presence in the
field.

The Assembly called on the Committee of Ministers to support all of the
Council of Europe's assistance programmes in Kosovo and also recommended
giving more resources to the ICTY so that it could implement the
necessary investigations and indictments. It said an autonomous
assembly, able to make laws acceptable to everyone, should be set up
rapidly.

Backing a report by Elena Poptodorova (Bulgaria, SOC) for the Committee
on Culture, Science and Education, on the cultural situation in Kosovo,
the Assembly called on the Committee of Ministers to assist the process
of drafting a legal framework for provisional self-government in Kosovo
in its fields of competence, support the ongoing project to train 26,000
teachers, complete the revision of curricula and textbooks and encourage
the reform of higher education. Lastly, it recommended promoting a
policy of equity in the schooling of all Kosovo children with a view to
bridging the gap between ethnic groups, encouraging the development of
local education initiatives designed to counteract segregationist
thinking and promoting the use of non-formal education as a way of
overcoming division and discrimination.

The full text of the recommendations is available on the following
web-site: http://stars.coe.fr/
_______________________________________________________________________
Council of Europe - Parliamentary Assemble

http://stars.coe.fr/SessionAgenda/ECALSES2_01.htm#Wednesday 25 April
2001

DRAFT ORDER OF BUSINESS
of the second part of the 2001 Ordinary Session
 (23 - 27 April 2001)

(...)

Wednesday 25 April 2001

8.30 a.m.
             Political groups
10 a.m.
        1.  Election of judges to the European Court of Human
             Rights (possibly 2nd round)
        2   Situation in Kosovo
        a.  Situation in Kosovo and the neighbouring regions
             (Doc. 9020)  http://stars.coe.fr/doc/doc01/EDOC9020.htm
             Rapporteur of the Political Affairs Committee: Mrs Tarja
             Kautto (Finland, SOC)
        b.  Human rights and the rule of law in Kosovo
              (Doc. 9057) http://stars.coe.fr/doc/doc01/EDOC9057.htm
             Rapporteur of the Committee on Legal Affairs and
             Human Rights: Mr Cevdet Akçali (Turkey, EDG)

        c.  Humanitarian situation of returnees to Kosovo

            (Doc. 9007 rev.) http://stars.coe.fr/doc/doc01/EDOC9007.htm
             Rapporteur of the Committee on Migration, Refugees and
             Demography: Mr John Connor (Ireland, EPP/CD)
        d.  Cultural situation in Kosovo
             (Doc. 9053) http://stars.coe.fr/doc/doc01/EDOC9053.htm
             Rapporteur of the Committee on Culture, Science and
             Education: Mrs Elena Poptodorova (Bulgaria, SOC)
             Joint debate and votes
1 p.m.
             End of the sitting
_______________________________________________________________________

http://stars.coe.fr/doc/doc01/EDOC9007.htm

Humanitarian situation of returnees to Kosovo

Doc. 9007 revised.
23 April 2001

Revised report[1]
Committee on Migration, Refugees and Demography

Rapporteur: Mr John Connor, Ireland, Group of the European People's
Party

Summary

The return of refugees and internally displaced persons (IDPs) to Kosovo
has been one of the major preoccupations for the population of Kosovo
and for all the international actors involved. Enormous progress has
been achieved since June 1999 in assisting hundreds of thousands of
mainly ethnic Albanians to settle back in Kosovo. Only few of them who
fled during the crisis had to face protection problems after their
return. However, a substantial number of refugees, mainly those
belonging to other ethnic communities, have not come back to Kosovo or
are still internally displaced. These persons have many good reasons for
not returning to Kosovo at the moment and their return can, at present,
not be encouraged.

All return movements evidently have considerable impact on society, in
particular on social assistance, education and training, health care,
employment and security. The overall reception capacity of Kosovo had,
before the winter, reached its very limits and the environment for
return was fragile and certainly inadequate for uncoordinated, massive
movements, which would have been counterproductive and destabilising to
the region as a whole.

The Assembly remains concerned over the overall humanitarian situation
and the security, which potential returnees, mainly the non-Albanian
communities, might find upon arrival in Kosovo - a successful return is
not limited to the existence of shelter only. The conditions for the
return of Serb, Roma, Ashkaelia and Egyptian refugees and IDPs are
presently not met.

The Assembly therefore recommends that member states of the Council of
Europe refrain from any forced return of minorities to Kosovo as well as
from any deportation of vulnerable persons or persons with special
protection needs and that they do their utmost to create the conditions
for refugee return in safety, respecting human dignity of the persons
concerned.

I. Draft recommendation

1. The return of refugees and internally displaced persons (IDPs) to
Kosovo has been one of the major preoccupations for the population of
Kosovo and for all the international actors involved. Enormous progress
has been achieved in assisting hundreds of thousands of mainly ethnic
Albanians to settle back in Kosovo. More than 900.000 have returned
since the end of the conflict, of which nearly 200.000 persons returned
voluntarily in organised movements, over 80.000 persons in the year 2000
alone. Many others came back independently.

2. The return of refugees and IDP's, which has a considerable impact on
all aspects of society in Kosovo, in particular on social assistance,
education and training, health care, employment and security, is likely
to remain, throughout the year 2001, an issue of major concern.

3. After the significant attempts which had been made last year to
encourage, accelerate and even forcibly return Kosovo Albanian refugees
to Kosovo, host countries had received, in autumn 2000, appeals from the
United Nations interim administration in Kosovo (UNMIK) to decelerate or
even to suspend temporarily this process in view of the limited
reception capacity that existed in Kosovo at that time.

4. The Assembly is concerned that, despite the fact that in view of the
generally precarious security situation UNHCR had, in turn, also
requested host countries to abstain from forcibly returning Albanian
populations to Kosovo, forced returns to Kosovo still continued. 12.533
persons have been forcibly returned between January and the end of
December 2000. From 1 January to 24 March 2001, according to UNMIK
Border Police, 1.388 forced returns were registered at Pristina airport.
Many others were encouraged to leave the host countries by receiving
allowances for leaving the country at a fixed date.

5. The Assembly fully shares the views of UNMIK expressed in its "Policy
paper on the repatriation of Kosovo Albanians" and supports its concerns
that all repatriation programmes be designed as co-ordinated, phased and
orderly movements. As a matter of principle, adequate accommodation
should be ensured for all returnees to Kosovo. The return of members of
vulnerable groups for whom assistance is currently unavailable should be
avoided as well as any precipitate action that might trigger an
unmanageable influx of returnees.

6. The Assembly therefore wishes to closely monitor the humanitarian
situation which Kosovo Albanian returnees find upon arrival in
Kosovo.Successful return is not limited to the existence of shelter only
and, even after considerable progress made, Kosovo is still in the
process of building up its social, education and public services
networks. In December 2000, the unemployment rate was estimated at 65%.
Enormous goals have indeed been achieved with regard to their return,
but the situation remains fragile, and certainly inadequate for
uncoordinated returns of Kosovo Albanians who used to live in an area
where they represent an numerical minority.

7. The Assembly is deeply concerned over the security of those returnees
belonging to the non-Albanian communities. KFOR has to guard the Serb,
Roma, Ashkaelia and Egyptian communities 24 hours a day at the same time
that violence towards minority communities has increased. Moreover, it
appears that the attacks are now more organised, co-ordinated and
targeted. Under these present circumstances, their voluntary return can
certainly not be promoted and encouraged. The fundamental right of IDP's
to return to their homes of origin, is far from being reachable.

8. Despite the impressive deployment of protection and assistance - in
and around the Serb enclaves and Roma, Ashkaelia, Egyptian
neighbourhoods throughout Kosovo - as well as the efforts made by the
international community and some of the concerned communities to find
sustainable solutions for a peaceful co-existence,the ongoing violence
and the persisting severe limitations on freedom of movement, access to
income and to basic services for persons living in these areas, do not
currently allow their populations to live in security and dignity. .

9. The Assembly therefore fully shares the views of the Joint Committee
on the Return of Kosovo Serbs expressed in its "Framework for Return
2001", which clearly works out the principles for spontaneous return of
IDP's, such as their fundamental right to return to their places of
origin in conditions of safety and dignity, including freedom of
movement. Furthermore, return should be undertaken on the basis of the
comprehensive assessment of individual potential return locations and
should be directed to all geographic areas in Kosovo. Minority return
has also to be low profile, orderly and transparent.

10. The Assembly recommends that the Committee of Ministers urge the
member states of the Council of Europe:

a. to generally abstain from any precipitate return actions which may
generate unmanageable and counterproductive influxes of  returnees to
Kosovo;

b. to provide full access to asylum procedures to asylum seekers  from
Kosovo and to consider and determine their refugee claims  on an
individual basis in accordance with the 1951 Geneva  Convention;

c. to recognise that, for asylum applicants originating from Kosovo,
internal displacement in Serbia and Montenegro does not offer, at  the
moment, an acceptable relocation alternative;

d. to refrain from any forced return of refugees to Kosovo as well as
from any deportation of persons with special protection needs  such as
persons who have experienced or witnessed torture or  incarceration
during the years of crisis and conflict and those who  have been
traumatised by their experiences of human rights  violations and sexual
violence;

e. to refrain from any forced return of refugees to Kosovo as well as
from any deportation of persons belonging to vulnerable groups,  such as
persons with serious health and mental problems, severely  handicapped,
children who have not completed the school year or  unaccompanied minors
or persons in need of special social  assistance;

f. to refrain, in any case, from forced return of minorities and not to
directly or indirectly induce or encourage their return;

g. to make adequate funding available for the reconstruction of the
social welfare system, which, in the transition phase from  emergency to
development, will have increased responsibilities  regarding returnees
to Kosovo;

h. to consider the voluntary return of all refugees and IDPs,
regardless their ethnic origin, as the basis for achieving sustainable
peace in Kosovo.
 

11. The Assembly urges the international organisations, the
administrative and military structures present in Kosovo, as well as
local organisations:

a. to continue their co-operation and information sharing in order to
further contribute to a clear assessment of the reception capacity of
Kosovo Albanians and to keep up the smooth process of their return;

b. to regard the environment for a safe and voluntary minority return as
one of the most urgent priorities ahead and therefore to address and to
improve the existing conditions which, at the moment, prevent return -
and create new IDPs - rather than promote it;

c. to set the context for a constructive, participative inter-ethnic
dialogue.

12. The Assembly further recommends that the Committee of Ministers:

a. ensure the continuation of the strong involvement and commitment of
the Council of Europe in the process of the democratic reconstruction of
Kosovo;

b. increase its political support for the Council of Europe Office in
Pristina and provide its Secretariat with the adequate human and
financial resources and the mandate to follow, in close co-operation
with the UN administration and the humanitarian organisations, such as
the Office of the United Nations High Commissioner for Refugees (UNHCR)
and the International Organization for Migration (IOM), as well as local
organisations, the process of return of all refugees to Kosovo;

c. promote the principle of phased, co-ordinated and, above all,
voluntary return in dignity and safety of the refugees and the IDPs.
 

13. The Assembly urges the Committee of Ministers and the member states
of the Council of Europe to recognise that forced return of individuals
at risk, such as is the case for various non-Albanian populations of
Kosovo, potentially violates Article 33 of the 1951 Geneva Convention
relating to the Status of Refugees, as well as Articles 2 and 3 of the
European Convention for the Protection of Human Rights and Fundamental
Freedoms.

II. Draft order

1. Having regard to its Recommendation …. (2001), the Parliamentary
Assembly decides to contribute in a constructive and positive way to
the  ongoing discussions on the humanitarian situation of all returnees
to Kosovo  and to actively promote inter-ethnic dialogue as laid out in
the Framework for  the Return of Kosovo Serbs document (by the Joint
Committee on the Return  of Kosovo Serbs).

2. The Assembly therefore resolves to set up a working party composed
of representatives of Committees concerned, which should, in building
on  existing confidence building measures in Kosovo, establish a
programme and a  timetable for a series of political seminars to be held
in the Council of Europe  premises. These seminars should invite, at an
appropriate moment, political  leaders of the different ethnic
communities in Kosovo to discuss issues of  common concern.

III. Explanatory memorandum by Mr Connor

1. Introduction

1. One year after a delegation of the Committee on Migration, Refugees
and Demography made an evaluation of the humanitarian situation in
Kosovo, a second delegation visited the region from 11 to 13 September
2000 with the aim to assess the humanitarian situation of returnees to
Kosovo. Its members met with those responsible for return of Kosovo
Albanians, Serbs, Roma and Ashkaelia to their homes, witnessed both
progress and shortcomings in the return process and evaluated the
reception capacity of Kosovo as well as the security prospects of
minority groups.

2. The delegation concluded at that time that, unfortunately, return to
Kosovo was likely to remain, beyond the winter 2000/2001, an issue of
major concern. It merited a particular attention of political decision
makers as well as of the public opinion, as several significant attempts
had been made for months to encourage, accelerate or even to force
return to Kosovo, all this without having guarantees that adequate
reception conditions were met. Kosovo had achieved an extraordinary
transformation, in which the return of refugees had been given a high
priority. However, at the time, just before the winter started, the
reception capacity had reached its limits and therefore clearer
reception and reintegration policies, based on an increased co-operation
between Council of Europe member States and the UN structures in Kosovo,
were to be developed, implemented and monitored.

3. Between 3 and 6 April 2001, your Rapporteur visited Kosovo again with
the aim to update the information contained in the present report. The
clement winter, fortunately, did not deteriorate the situation of
return, the appeals made by UNMIK and UNHCR were respected in the main,
even if forced return to Kosovo was carried out by a number of
countries. Whereas the return of Kosovo Albanians, except of those who
originated from areas where they constituted an ethnic minority, did not
engender major concern any more, significant progress could not be
witnessed within the non-Albanian communities living in Kosovo. For
example, at present, more ethnic Serbs leave their homes than actually
come back. This seems to be also true for the Bosniak community. The
living conditions of Roma, Ashkaelia and Egyptians remain, at least to
say, very precarious.

4. The present report aims to highlight all return movements to Kosovo,
by remaining attentive to the fact that the major concern today lies
within the conditions for return of the minorities. The voluntary return
of all refugees and IDPs in safety and dignity would certainly show
evidence that considerable progress has been achieved in the process of
the development of a peaceful, multiethnic and sustainable Kosovo.

5. All missions were carried out in close co-operation with UNHCR, to
whom your Rapporteur wishes to convey his gratefulness and respect.

2. Displacement and return after June 1999

6. When the first concept paper on a proposed framework for return of
refugees and IDP's to Kosovo was prepared under the responsibility of
UNHCR in early May 1999[2], over 750.000 people (of the estimated 2
million inhabitants of Kosovo[3]) were believed to have fled into
neighbouring countries and to other countries in Western Europe and
overseas. In addition, over 600.000 persons were feared to be displaced
within Kosovo itself.

7. After the end of the conflict and following the arrival, in mid-June
1999, ofinternational military forces (KFOR) and the UN interim
administration (UNMIK), more than 850.000 refugees[4] have sincereturned
to Kosovo. At the same time, some 215.000 non-Albanian Kosovars, mostly
Serbs and Roma, have left Kosovo, fearing revenge attacks and becoming
IDP's in Serbia and Montenegro. A large group of Roma and Ashkaelia
refugees alsowent to the neighbouring Former Yugoslav Republic of
Macedonia. Some Kosovo Albanians became IDP's within Kosovo, as they
were forced out of the northern part of Mitrovica and surroundings,
mostly populated by Kosovo Serbs.

8. From July 1999 to December 2000, over 196.000 persons have returned
in organised movements, facilitated by UNHCR and IOM as well as by other
organisations. Many of them returned from the neighbouring Albania, "the
former Yugoslav Republic of Macedonia", Montenegro and Serbia (together:
22.000), Germany (67.000), Switzerland (30.000) and Turkey (18.000). In
total, 37 European and non-European States hosted refugees from
Kosovo[5].

9. Since June 2000, according to UNMIK Border Police, approximately
10.000 persons, on a daily rate of between 60 and 70 persons, have
returned independently by vehicle or by commercial flights. However,
figures are approximate and collecting data on these return movements
remains difficult.

3. Conditions for return

10. During the visits in September 2000 and April 2001, your Rapporteur
meeting with many persons responsible for the organisation and the
implementation of the return wishes to express his highest esteem and
respect to those who, within the Albanian, Serb, Roma, Ashkaelia,
Bosniak and Turk communities, and within the organisations,
administrative or military structures, such as, UNMIK, UNHCR, OSCE, IOM
and KFOR, work ceaselessly to create the conditions for individuals and
families who want to return to their homes in Kosovo. The
representatives of these organisations do their utmost to guarantee that
returnees are able to return to their homes in dignity and safety,
principles that seem not always tobe easy to achieve considering the
difficult climate and context in which the organisations have to
operate.

11. In mid-October 2000, the UN had urged host governments to refrain
from any returns until March 2001 because of the lack of appropriate
accommodation and the potential overcrowding of temporary shelters.
Already in March and May 2000, Mr Kouchner appealed to countries to slow
the rate of repatriation and to enable a better assessment of the
reception capacity of Kosovo by host countries, UNMIK published a Policy
Paper on the Repatriation of Kosovo Albanians, which detailed the state
of affairs of each sector in Kosovo and its capacity to absorb
returnees. It appears that the appeal has been respected and that no
major incidents occurred.

12. At the insistence of UNMIK, Germany and Switzerland agreed to wait
out the winter 2000 before convincing the majority of Kosovo Albanians
to go home. Memoranda of Understanding were signed laying out guidelines
on phased, orderly, humane and as much as possible voluntary programs of
return. Both Germany and Switzerland, and later the UK, opened liaison
offices in Pristina to assist returns. The Swiss government launched a
housing assistance to communities in which persons are expected to
return, co-funds temporary community shelters and provides cash to the
Centres for Social Work which are now charged with humanitarian
assistance.

13. The following points, which UNMIK presented to the delegation during
the visit in September 2000, were meant to be taken into consideration
before encouraging any return movements to Kosovo. They concerned the
humanitarian and securityconditions to be expected in Kosovo, forced
returns as well as the return of minorities and vulnerable groups.

4. Humanitarian framework of the return of Kosovo Albanians

14. Social assistance is fairly new and continues to be on high demand
by those who have returned to Kosovo so far. Only the most needy
population may presently benefit from the still modest services provided
by the, at present, 29 Centres for Social Work, which have been very
successful so far but which are still in the process of developing their
capacities and, before the last winter, could not cope with all the
demands.

15. Health services have recovered substantially and are able to provide
basic medical assistance, primary care and basic drug supply of the
population currently living in Kosovo. However, complicated or long-term
treatments can hardly be managed at present.

16. The supply of electricity and water remains difficult, heavy
investment has to be made in the public utilities system, which suffers
from a decade of neglect. By the end of the year 2000, for example,
still 50% of the daily water supply of Pristina disappeared in the
ground. The power plants providing Pristina with electricity are in a
very bad shape and electricity cuts are frequent.

17. Since the end of the summer 1999, school has started again.
Approximately 28.000 educational staff and 400.000 students have
re-entered the educational system at all levels. However, the pupils who
have attended schools in the host countries find it difficult to adapt
to the new circumstances. Educational support facilities remain poor.In
December 2000, 45% of the estimated 1.000 primary schools have been
destroyed, while less that half of the 872 schools designated for
repairs, had been restored.

18. In December 2000, the unemployment rate was estimated to be 65%.
Around 50% of the farm assets were damaged in a region where 70% of the
population is rural.

19. The housing issue is far from being resolved. With about 120.000
houses damaged or destroyed during the war, about 83.000 are still in
need of renovation or reconstruction. Kosovo has a capacity of
constructing approximately 7.000 housing units per year, but no more.
The newly installed Housing and Property Directorate does not have the
financial means to cope with a large amount of problems, ranging from
reconstruction, allocation of houses and reconstruction material to the
liberation of illegal occupied houses and apartments. In April 2001,
approximately 3.500 persons still lived in temporary community shelters.

20. The delegation found it important to recognise, with the end of the
emergency phase related to the repatriation of Kosovo Albanian refugees,
the resources of UNHCR, both in terms of human power and budget, have
been reduced. The core protection responsibilities of the organisation
with respect to this population have been successfully achieved and the
organisation is now focusing on achieving a balance between the right to
return of non-Albanian populations while ensuring that minimum
conditions for the safety and sustainable reintegration of those
potential returnees are in place. Many tasks related to the humanitarian
assistance of returnees will now be covered by UNMIK as well as by the
newly elected municipalities. However, more funding for this enormous
task should be provided.

5. Humanitarian framework of the return of minorities

21. As to security, despite the impressive deployment of protection and
assistance in and around the Serb enclaves throughout Kosovo, and
despite the efforts made by some Kosovo Albanians and non-Albanian
populations to find sustainable solutions for peaceful co-existence, the
ongoing violence still makes it very difficult to believe that the
enclaves, where freedom of movement is inevitably limited, potentially
offer security and life with dignity. Minorities should therefore not be
returned to Kosovo at the moment.

22. According to UNHCR estimations, over 170.000 Kosovo Serbs were
displaced from their homes in 1999 and 2000, mainly in Serbia and
Montenegro, but also within Kosovo. The number of return of Kosovo
Serbs, however, remains very low. A larger number of Kosovo Serbs are
leaving Kosovo rather than returning.

23. Following a registration[6] of Kosovo IDPs in Serbia and Montenegro,
conducted by the UNHCR and the authorities late 1999 and in March 2000,
some 165.000 Kosovo Serb IDPs were registered in Serbia and Montenegro.
The registration also recorded over 28.000 Roma, Ashkaelia and Egyptian
IDPs as well as over 8.000 Bosniaks in Serbia and Montenegro. Regarding
these figures as approximate, no reliable data is available on the total
of Serb IDPs within Kosovo.

24. In early May 2000, a Joint Committee on Returns (JCR), was set up
including UNMIK, KFOR, the Serb National Council (SNC), OSCE and UNHCR
as the only official co-ordinating body for Kosovo Serb return. The JCR
aims to develop a co-ordinated and consensual plan that will ensure
returns take place in an orderly, safe and sustainable manner, to
identify donors for return and reconstruction programs and to
co-ordinate between the international security and civil presence, as
well as between local leaders and the population. 'Go-and-see' visits
have been carried out for potential returnees and sites have been
targeted in order to identify best-suited places for returns of Kosovo
Serbs. On 10 November 2000, five Regional Working Groups (RWG) were set
up to support planning and implementation. The very complete Framework
of Return was adopted by the JRC on 13 January 2001.

25. The living conditions of the Serb community remain very precarious.
For those living in highly protected enclaves, the most important issue
remains the continuous lack of security. Attacks, crime, intimidation
and violence are still part of the daily life of the Kosovo Serbs. They
enjoy, if any, poor freedom of movement, and are under constant security
risks. Access to education, health or social facilities or to employment
is more than reduced and depends on escort and special transport
mechanisms, such as the very highly appreciated UNHCR bus lines with
KFOR escort.

26. The situation of Roma (Serb speaking Gypsies) and Ashkaelia
(Albanian speaking Gypsies), in Kosovo is still very difficult and
merits more attention by the countries hosting them. Your Rapporteur
decided to follow the particular situation of a Ashkaelia family in
Fushë Kosova/Kosovo Polje who presented all necessary conditions to
return to Kosovo and, encouraged and welcomed by family members,
neighbours and work colleagues, as well as informed by UNHCR on the
situation which they will meet on the ground, decided, after a
"go-and-see visit", to return to their home. However, the family members
have been subject to harassment after their return and do not intend to
leave their house any more. In April 2001, when your Rapporteur visited
the family again, no significant progress could be witnessed. The head
of the family regretted his return from FYROM, whereto the family fled
to during the crisis, to Kosovo and hoped that his sons would be able to
return there soon. No family member worked, the children did not go to
school.

27. On 9 November 2000, four Ashkaelia men were murdered after having
come back in their village of origin. They had negotiated their return
for several months, were welcomed back by the neighbours and planned
that their families would follow when the reconstruction of the houses
were complete. These cases highlight that, although the potential
conditions for return of Roma and Ashkaelia to Kosovo are currently
marginally more positive than for Kosovo Serbs, the situation remains
highly volatile and merits a laborious and time-consuming case-by-case
examination. This shows the magnitude of the task ahead.

6. Forced return

28. After significant attempts had been made before the winter 2000 to
encourage, accelerate and even force return to Kosovo, host countries
have received an appeal from UNMIK to decelerate or temporarily suspend
the refugee return to Kosovo. UNMIK also called for a moratorium on
forced return. The delegation was told that the countries have been
generally receptive to these appeals to avoid accelerating action that
might cause a big influx of returnees ahead of the winter. However, as
the statistics show, forced return was still ongoing during the winter.

29. Germany and Switzerland, having hosted by far the highest amount of
refugees from Kosovo, have forcibly returned[7], in the year 2000,
respectively 6.841 and 5.430 refugees. Norway returned 62, Sweden 47,
Belgium 40, the United Kingdom 37, The Netherlands 32, and Austria 14.
The remaining forced returns originated from Australia, Denmark,
Finland, France, Iceland, Slovenia and the USA. Out of the 12.533 forced
returnees, more than 1.500 persons were ex-offenders. From 1 January to
31 March 2001, 1.549 persons have been forcibly returned (895 from
Germany, 436 from Switzerland and 84 from the UK).

30. In the two first weeks of November 2000, Switzerland deported 210
persons, Germany 292. On 24 November alone, 60 persons with criminal
records have been transported from Berlin Schönefeld to Pristina
airport. Forced return has been suspended between 18 December and 10
January 2001, but only because of the lack of persons carrying out the
task during the holidays[8]. According to the Swiss News Agency,
Switzerland planned to deport 250 persons to Kosovo during December 2000
and January 2001.

7. Conclusion

31. If, despite the difficult post-war conditions with 120.000 houses
destroyed, very poor infrastructure and rare employment, most of the
Kosovo Albanians have managed to find accommodation within host families
or in other types of accommodation. It appears that now, the majority of
Kosovo Albanians, who originate from places where they are part of the
majority, may return without concern for their protection. Problems
subsist for those with perspectives of return to municipalities where
they would be part of the minority in addition to a few vulnerable cases
as described above.

32. The most important issue, however at present, is the return of the
minority communities, for instance the Kosovo Serbs, Roma, Ashkaelia and
Egyptians. This cannot at present be encouraged - and even less -
enforced. They need full protection and are guarded by KFOR 24 hours a
day, 7 days a week, even sometimes in their houses or appartments which
they cannot leave.
 

Reporting committee: Committee on Migration, Refugees and Demography.

Reference to committee: Doc. 8789 and Reference No. 2522 of 25 September
2000.

Draft recommendation and draft order unanimously adopted by the
committee on 23 April 2001.

Members of the Committee: Mr Iwi?ski (Chairman), Mrs Vermot-Mangold (1st
Vice-Chairman), Mrs Buši? (2nd Vice-Chairman), Mr Einarsson (3rd
Vice-Chairman) (alternate: Mr von der Esch), Mrs Aguiar, MM.
Akhvlediani, Aliev, Aliyev, Amoruso, Mrs van Ardenne-van der Hoeven, Mr
de Arístegui (alternate: Mrs Torrado), Mrs Arnold, MM. Begaj, Bernik,
Mrs Björnemalm, MM. Brancati (alternate: Mr Brunetti), van den Brande,
Branger, Brînzan, Mrs Burataeva, MM. Christodoulides, Cilevi?s, Connor,
Debarge, Díaz de Mera, Dmitrijevas, Mrs Dumont, Mr Ehrmann, Mrs Err, Mrs
Fehr, Mrs Frimannsdóttir, MM. Galoyan, Hordies, Ilascu (alternate: Mr
Mocioi), Ivanov, Jarab, Lord Judd, MM. Karpov, Kolb, Koulouris
(alternate: Mrs Katseli), Kozlowski, Laakso, Lauricella, Liapis,
Libicki, Mrs Lörcher, MM. Loutfi, Luís, Mrs Markovska, MM. Mularoni,
Mutman, Norvoll, Oliynyk, Mrs Onur, MM. Ouzký, Popa, Pullicino Orlando
(alternate: Mr Debono Grech), Risari, Rogozin (alternate: Mrs
Gamzatova), Rusu, Saglam, von Schmude, Schweitzer, Mrs
Shakhtakhtinskaya, Mr Slutsky, Ms Smith, Mrs Stoisits, MM. Szinyei,
Tabajdi, Tahir, Telek, Tká?, Udovenko (alternate: Mr Gaber), Wilkinson,
Wray, Yáñez Bernuevo, Mrs Zwerver, ZZ… (Mr Brunhart).

N.B. The names of the members who took part in the meeting are printed
in italics.

Secretaries of the committee: Mr Lervik, Mrs Nachilo, Mr Adelsbach.
 

[1] This report replaces the report adopted by the Committee on 23
February 2001 (Doc. 9007).

[2] Concept paper on a proposed framework for return of refugees and
IDP's to Kosovo (prepared by UNHCR with input from IOM, UNDP, UNFPA,
UNHCHR, UNICEF, UNOCHA, WHO, WFP) 12 May 1999.

[3] According to the 1991 census, the population was 1.956.196 persons
(82% ethnic Albanians, 10% ethnic Serbs and 8% other groups).

[4] Source: UNHCR Pristina (31/12/2000).

[5] Figures from UNHCR Pristina (31/12/00).

[6] Source : Framework for the Return of Kosovo Serbs

[7] Source: UNMIK Border police

[8] Source: Kosova Info line (04/12/2000) and Forschungsgesellschaft
Flucht und Migration.

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