A/HRC/45/CRP.10
remedy and to chart a clear path toward this outcome. The Special Rapporteur heard
from community members of how, for example, they have been separated from friends
and family who escaped to elsewhere in Europe when their homes were burned. It is
surely conceivable to all involved that minority community members, who have
struggled and endured so much discrimination in this locale, may not wish to remain
part of a broader society that razed their homes, poisoned their bodies for up to thirteen
years, and failed to uphold and defend its human rights for decades. Simply establishing
a vague Trust Fund will not suffice.
76.
The Special Rapporteur recommends that:
(a)
The affected community should be diligently consulted by the United
Nations on what they themselves consider an effective remedy, as no one appears to be
considering what many in this marginalised and vulnerable community see as the only
viable solution to their past and present situation;
(b)
Drawing from these consultations, the United Nations must take
immediate action to provide an effective remedy for displaced minority communities
who were housed in United Nations camps constructed on toxic wasteland in Kosovo;
(c)
If the community wishes to be relocated outside Kosovo, the United
Nations should engage directly with relevant States with a view toward relocating the
victims without further delay;
(d)
The United Nations should address its responsibilities and the needs of the
victims by providing the necessary resources, without any further delay, independent
of any possible contributions to the Trust Fund by Member States;
(e)
The United Nations, in addition to community-based projects, should
offer individual compensation and a public apology;
(f)
The United Nations Secretariat and other organisations comprising the
United Nations family should make more vigorous use of their resources, outreach, and
expertise in raising the level of attention and support attributed to the situation of
victims in Kosovo and should continue to advocate for greater visibility on this issue;
(g)
The government of Kosovo should be more vocal on behalf of the affected
victims nationally and internationally;
(h)
The United Nations must commission an independent, systematic review
of relevant laws and policies that hinder access to justice and timely, effective remedies
by victims of its wrongdoing, including recommendation for reconceptualising and
reforming the immunity of international organizations.
16
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