A/HRC/45/CRP.10
the Panel in 2008. About 75 complainants were women and girls, 13 of which delivered
babies in the camps and had submitted the complaint on behalf of their children.
30.
The Council of Europe’s Commissioner for Human Rights wrote that, even if the longterm consequences of exposure to lead were harder to determine, the lead contamination
undoubtedly had caused permanent developmental damage to children, which he observed
personally during his visit to Osterode and Česmin Lug in March 2009. In a subsequent letter
to the SRSG, the Commissioner indicated that the children he met in the camps were “clearly
under-developed for their age” and defined the situation as a “humanitarian disaster”.
31.
In 2010, UNMIK started the massive relocation of camp residents to other areas, and
the last camp was closed in 2013. Lead contamination persisted for years following the
shutting down of the Trepca smelter, mainly originating from the uncontained waste piles
and tailing dams eroding under wind and water, as well as from the contaminated equipment,
buildings and soils left behind by previous operations.
32.
In 2013, Norwegian Church Aid and USAID funded the construction of a three-story
apartment building situated in the mixed community neighbourhood in Mitrovica/Mitrovicë
North. Currently Roma, members of the Kosovo Albanian, Kosovo Serb, Kosovo Ashkali
and Kosovo Bosniak communities reside in the neighbourhood. The families moved into the
building after the closure of displaced persons camps Osterode and Česmin
Lug/Cesminlukë.30
33.
The majority of members of the Kosovo Roma community currently reside in the
Roma Mahalla area of Mitrovicë/Mitrovica South together with Kosovo Ashkali, whereas
the Kosovo Ashkali community also resides in “2 Korriku/Sitničko Naselje”, and
Shipol/Šipolje urban quarters. Between 2003 and 2014, the support for gradual return to the
Roma Mahalla led to a steady increase of the Roma and Ashkali population and
improvements in the settlement’s infrastructure. The “Roma Mahalla” housing infrastructure
comprises private single-family permanent houses, collective apartments and individual
terraced houses. Access to services, electricity, water and waste collection is functional,
however, due to non-payment of utility bills, utility companies have performed several
collective water and electricity cuts. The functioning of the sewage system is also an issue in
Roma Mahalla. The “2 Korriku/Sitničko Naselje” is located in the centre of
Mitrovicë/Mitrovica South town. It is a densely populated and mixed neighbourhood,
historically inhabited by the Kosovo Albanian and Kosovo Ashkali communities.
34.
Overall, the infrastructure and access to services in the neighbourhood is good and
includes public lighting, waste disposal and collection, electricity, water and sewage network.
The road infrastructure, however, is in a very poor condition. Due to damaged riverbanks and
a malfunctioning sewage pipe system, the neighbourhood has also suffered from recurrent
flooding from the river Sitnica—resulting in flood damage to houses and the evacuation of
families.31
IV. Opinion by Human Rights Advisory Panel of UNMIK32
35.
In 2008, 138 members of the Roma, Ashkali and Egyptian communities in Kosovo
who used to reside in the in northern Mitrovica/Mitrovicë since 1999 brought a case to the
Human Rights Advisory Panel of UNMIK. All complainants claimed to have suffered lead
poisoning and other health problems on account of the soil contamination in the camp sites
due to the proximity of the camps to the Trepca smelter and mining complex and/or on
account of the generally poor hygiene and living conditions in the camps.
36.
In April 2016, the HRAP of UNMIK released an opinion on the case. While
formulating its opinion the Panel took into account medical literature which stated that
infants, children up to the age of five, and pregnant women, were at greatest risk of harm
30
31
32
Overview of Roma, Ashkali and Egyptian communities in Kosovo, OSCE, January 2020,
https://www.osce.org/mission-in-kosovo/443587?download=true.
ibid.
HRAP, N.M. and Others v. UNMIK, case 26/08 (26 Feb. 2016).
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents