Serbia and Montenegro: The extent to which the cultural and political rights of Serbs in Kosovo are recognized and protected (January 2003-February 2005)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 25 February 2005 |
| Citation / Document Symbol | SCG43307.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Serbia and Montenegro: The extent to which the cultural and political rights of Serbs in Kosovo are recognized and protected (January 2003-February 2005), 25 February 2005, SCG43307.E, available at: https://www.refworld.org/docid/42df617f11.html [accessed 22 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Political rights
There are no legal restrictions on the participation of minorities in the political institutions of Kosovo (Country Reports 2003 25 Feb. 2004). In 2003, there were 22 Serb members in the 120-seat Assembly of Kosovo, including 10 in reserved seats and two Serbs had occupied the Assembly presidency (ibid.).
According to the Secretary-General of the United Nations, the October 2004 assembly elections were successful (United Nations 14 Feb. 2005). The Secretary- General stated that it was too early to know if announced measures to improve minority rights would have an impact on the "Kosovo Serb unwillingness" to participate in Kosovo's Provisional Institutions (ibid.). Under the Constitutional Framework, two ministerial and two deputy ministerial positions reserved for minority groups were allocated to Kosovo Serbs; following the 2004 elections, only one position was filled (Minister of Returns and Communities) (ibid.).
Minority groups have raised the issue of inadequate work by the Provisional Institutions of Self-Government (PISG) with the United Nations Interim Mission in Kosovo (UNMIK) (ibid., 10). Several times, the party representing the Serb minority has asked several times for UNMIK's intervention "with regard to violations of the rights and interests of the Serb community" (ibid.). Freedom House observed that the assembly has improved its consultations and made "important contributions" to the process of amending legislation introduced by the prime minister and cabinet (ibid.).
The Constitutional Framework provides Kosovo's minorities with some rights, for which the Special Representative of the Secretary General (SRSG) is the "main guarantor" (ibid., 11). Freedom House reported that the SRSG has returned laws to the Kosovo assembly with recommendations to take minority rights into account, and that the office of SRSG has the authority to promulgate laws with its own provisions if the assembly fails to protect the rights of minorities (ibid.). Such a situation occurred in 2003, when the assembly refused "to recognize the University in Slavic Languages of Northern Kosovo," the SRSG prompted a law on higher education (ibid., 12).
The International Crisis Group (ICG) indicated that, despite the call from Belgrade for Kosovo Serbs to boycott the October 2004 elections, some Kosovo Serbs presented a "Serbian Citizen's Initiative" to take part in the elections (24 Jan. 2005). However, the number of voting Kosovo Serbs was very small (Washington Post 24 Oct. 2004). The ICG stated that the boycott of the elections by Serb populations of Kosovo has marginalized them (ICG 24 Jan. 2005). A February 2005 UN report said minority communities in Kosovo have a low sense of trust in the system and thus are only marginally involved in the political process and the higher levels of civil service.
According to the UN Secretary-General, the government of Kosovo has committed itself to moving ahead with "devolution of authority at the local level," including in a Serb area of Kosovo (United Nations 14 Feb. 2005).
Cultural rights
The United Nations High Commissioner for Refugees (UNHCR) stated that lack of freedom of movement has resulted in "major constraints" of "economic, social and cultural rights" for Kosovo Serbs (13 August 2004).
The International Helsinki Federation for Human Rights (IHF) indicated that, during 2003, two newspapers in Serbian were published in Kosovo, due to the efforts of UNMIK and the Organization for Security and Co-operation in Europe (OSCE) (23 June 2004). The newspapers, identified as Jedinstvo and Glas Juga (Country Reports 2003 25 Feb. 2004) were only available in Serb enclaves (IHFHR 23 June 2004). Freedom House observed that Belgrade newspapers were Kosovo Serbs' "main source of information," while minority languages' newspapers "[were] limited mainly to community-based publications" (30 November 2004).
Country Reports 2003 indicated that 33 radio and television stations broadcast in Serbian, and that the Serbian government had financed two broadcast stations and several publications (25 Feb. 2004). Only one association of journalists reported having Serbs as members (Country Reports 2003 25 Feb. 2004).
UNMIK has set standards for minority rights in Kosovo (United Nations 14 Feb. 2005). The Secretary-General of the UN stated that the government had not taken "sufficient action" to "monitor and censure violations of the language laws (ibid.).
Several churches were subject to vandalism and theft (ibid.). The limited freedom of movement of the Serbs "also affected their freedom to worship" (ibid.). Security measures around churches changed, as the Kosovo Force (KFOR) checkpoints were replaced with Kosovo Police Service (KPS) patrols (ibid.). One priest claimed the change had created more security concerns (ibid.). Although some political leaders have expressed the will to help in the reconstruction of churches, nothing had been done by the end of 2003 (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Country Reports on Human Rights Practices for 2003. 25 February 2004. "Serbia and Montenegro." United States Department of State. Washington, DC.
Freedom House. 30 November 2004. Nations in Transit 2004. "Serbia and Montenegro."
International Crisis Group (ICG). 24 January 2005. Crisis Group Europe Report No. 161. "Kosovo: Toward Final Status."
International Helsinki Federation for Human Rights (IHF). 23 June 2004. Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003).
Radio Free Europe/Radio Liberty (RFE/RL). 29 November 2004. "Official Urges Kosovars To Comply With UN."
_____. 12 May 2004. Robert McMahon. "Serbia and Montenegro: Foreign Minister Says Kosovo Now A 'Ghetto Of Suffering' For Serbs ."
United Nations High Commissioner for Refugees (UNHCR). 13 August 2004. "UNHCR Position on the Continued International Protection Needs of Individuals from Kosovo."
United Nations (UN). 14 February 2005. Security Council. "Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo."
Washington Post. 24 October 2004. Daniel Williams. "Serbs Boycott Kosovo Elections."
Additional Sources Consulted
Internet sources, including: Le Courrier des Balkans, Human Rights Watch (HRW), International Crisis Group (ICG), Organization for Security and Co-Operation in Europe (Kosovo), United Nations Interim Mission in Kosovo (UNMIK).
