A/HRC/45/CRP.10 the Panel’s temporal jurisdiction. The Panel found that UNMIK did not take adequate steps to remove the complainants from a situation where they suffered inhuman and degrading treatment in fulfilment of its obligations under Article 3 of the European Convention on Human Rights (ECHR).40 41. The HRAP found that for many years, UNMIK failed to make sufficient efforts to relocate the displaced families, despite awareness of serious risk to the internally displaced community’s health and wellbeing from the toxic contamination present in the camps. The Opinion highlighted the extremely poor conditions of the camps, as its inhabitants often lacked running water, electricity, heating, adequate healthcare or access to food. 42. The Panel considered that UNMIK had, in addition to the obligation not to discriminate, also the specific positive obligation to avoid the perpetuation of discriminatory practices against the RAE community in Kosovo and to afford special protection to the complainants as IDPs and as members of the RAE community. The Panel concluded UNMIK did not fulfil these obligations nor did it present a reasonable justification for doing so. The Panel found that the complainants have suffered discrimination as members of the RAE community, in violation of Article 14, in conjunction with Articles 2, 3 and 8 of the ECHR, of Articles 2 and 26 of the ICCPR and of Article 2 of the ICESCR. 41 43. The Panel rejected the SRSG’s argument that the Roma have historically lived in substandard living conditions, even prior to the conflict, finding this comment discriminatory and debasing, since it seemed to suggest that the social and economic marginalisation of Roma was based on race and on their own actions. To the contrary, the Panel considered that the historical marginalisation of the Roma and the traumatic experiences that led them to their IDP status in Kosovo made the complainants especially vulnerable to degrading treatment and made UNMIK more responsible for their well-being.42 In this respect, the Panel recalls that special consideration should be given to the situation of the complainants as IDPs, as such members of a “particularly underprivileged and vulnerable population group in need of special protection”.43 44. The Advisory Panel recommended that UNMIK make a public apology to the victims and their families, and take appropriate steps towards payment of adequate individual compensation for both material and moral damage to the 138 Roma, Ashkali and Egyptian (RAE) residents of the camps, among other recommendations. V. Efforts by the United Nations toward an effective remedy 45. In order to understand the essence of the United Nation’s legal response to the situation and the Organisation’s own interpretation of its liability, it is useful to look into the reply given by the United Nations Under-Secretary-General for Legal Affairs to a claim on behalf of Roma, Ashkali and Egyptian residents of IDP camps from 2011. 44 On 10 February 2006, RAE complainants filed claims for compensation in the framework of the United Nations Third Party Claims Process pursuant to General Assembly Resolution A/RES/52/247. This Resolution sets forth parameters regarding third- party liability and compensation in disputes of a private law character. 46. In her letter dated 25 July 2011, the United Nations Under-Secretary-General for Legal Affairs informed the complainants of her decision to declare the claims non-receivable. She stated that under Section 29 of the 1946 Convention on the Privileges and Immunities of the United Nations, the United Nations Third Party Claims Process provided for 40 41 42 43 44 ibid., para 243. ibid., para 308-309. ibid., para 244. ECtHR [GC], M.S.S. v. Belgium and Greece, at para 251; ECtHR [GC], Oršuš and Others v. Croatia, no. 15766/03, judgment of 16 March 2010, at para 147). UN Under-Secretary-General for Legal Affairs, Letter dated July 25, 2011 from the UN UnderSecretary-General for Legal Affairs to Roma, Ashkali and Egyptian residents of IDP camps in Mitrovica, Kosovo (July 25, 2011). Available at: http://www.sivola.net/download/UN%20Rejection.pdf. 9