A/HRC/10/78
Page 4
and the rights of persons with disabilities, child rights and the rights of national minorities, was
appointed in October 2008.
6.
Concerning the situation of human rights in the Autonomous Province of Kosovo and
Metohija, the Government was not in a position to implement international human rights treaties
given that the administration of the Province had been fully entrusted to the United Nations
Interim Administration Mission in Kosovo (UNMIK) in June 1999 under Security Council
resolution 1244 (1999). To gain an insight into the implementation of international human rights
treaties throughout its territory, in presenting its initial reports, Serbia had requested the
competent treaty bodies to examine the implementation of the relevant international human
rights instruments in Kosovo and Metohija. In that context, Serbia had requested relevant
information from UNMIK in the process of elaborating its report for the universal periodic
review but had, regrettably, not received any. Nevertheless, the delegation stood ready to enclose
information on the status of human rights in Kosovo and Metohija based on the data available.
The human rights situation in Kosovo and Metohija was particularly worrying owing to a lack of
respect for fundamental human rights in general, particularly of non-Albanian communities.
There had been over 200,000 internally displaced persons from Kosovo and Metohija residing in
other parts of State territory for whom not even basic conditions had been created to enable their
sustainable return. Therefore, the claims by UNMIK that returns had been sustainable, allegedly
85 per cent thereof, should be viewed in the context of a real number of returnees which
was worryingly low, almost non-existent. The representative stressed that, in addition to the
large number of internally displaced persons, there were almost 100,000 refugees in Serbia who
had held that status for over 10 years, and 200,000 refugees who had acquired Serbian
citizenship, which was the first step to local integration. Refugees and former refugees had been
having difficulties in exercising their acquired rights in their countries of origin. Serbia was
fully committed to tackling the issue of refugees regionally, through the implementation of the
Sarajevo Declaration. In July 2008, the Ministry for Human and Minority Rights was
established, thus paving the way to bolstering the institutional protection of individual and
collective rights. In this manner, the proposals of civil society had been accommodated. As a
multinational State, Serbia had been paying great attention to the protection of minority
rights. Noting that Serbia took over the presidency of the Decade of Roma Inclusion in 2008, the
representative added that, in 2008, numerous activities had already been undertaken in the field,
in collaboration with international and non-governmental organizations and with the States
participating in the Decade. He emphasized that the Government, aware of all its inherited
problems and existing challenges, remained committed to making further headway in the
democratization process, implementing its international obligations and achieving the highest
standards in the field of human rights.
7.
Answering some of the advance questions received, Serbia confirmed that its report had
been communicated to non-governmental organizations for comments and suggestions, which
were taken into consideration when drafting the final version. Serbia indicated that it had
established an Ombudsman at three levels of Government and the Commissioner for Information
of Public Interest, which were financed from the national budget. The creation of a national
prevention mechanism, in line with Optional Protocol to the Convention against Torture, was
under way. With regard to rule of law and the judiciary, the Constitution stipulated that the
system of governance was based on the separation of powers into legislative, executive and
judicial branches, the relationship of which was based on mutual checks and balances. Ratified
international treaties and the generally accepted rules of international law were an integral part of
the State’s legal system, and had precedence over national laws.
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