A/HRC/45/CRP.10
B.
Recent engagement of the UN Human Rights Council mandate on
“toxics”
61.
The United Nations Special Rapporteur on human rights and toxics, Baskut Tuncak,
has engaged in ongoing dialogue with the Secretary General of the United Nations, and
others, on the need for an effective remedy for the lead contamination. In 2016, the Special
Rapporteur on human rights and toxics endorsed a call by a number of Special Rapporteurs
detailed in the next section, on the need for a remedy for the victims and accountability of
UNMIK for violations of their rights. In July 2018, he addressed an open letter to the
Secretary General about the state of play regarding the victims’ situation and their possible
compensation.
62.
In March 2019, the Special Rapporteur visited the affected communities in
Mitrovica/Mitrovicë, as part of an academic visit. In a statement following his visit the
Special Rapporteur stated that he was deeply disappointed by the inertia surrounding this
case, and that the solution offered by the United Nations is an inoperative and fundamentally
flawed Trust Fund, which will provide neither justice nor the necessary elements of an
effective remedy for the victims.60
63.
In July 2019, the Special Rapporteur addressed a letter to the Secretary General of the
United Nations, following news that an initial contribution had been received to the Trust
Fund, inquiring if any additional steps were envisaged for mobilizing the financial and nonfinancial support necessary to provide the affected communities their right to an effective
remedy.61 The reply of the Secretary General of the United Nations to this letter, dated 4
October 2019, stated that as part of its focus on minority issues and trust building among
communities, UNMIK pursues advocacy efforts in support of improving the social inclusion
of RAE communities and full exercise of their social, economic and cultural rights. 62
64.
In June 2019, the Special Rapporteur also addressed letters to the leaders of several
organizations in the United Nations system whose mandates include issues raised by the
case.63 The letters underlined the need for the United Nations system as a whole to contribute
to mobilizing the necessary resources to provide the victims their right to an effective remedy,
one that is just, sustainable, and aimed at bringing moral and physical relief. The Special
Rapporteur urged the addressees to use their resources, outreach and expertise in helping the
United Nations to raise the priority attributed to the situation of victims in Kosovo and
advocate for greater visibility of this issue. At the time of drafting this report, the Special
Rapporteur has received a reply to his letter only from the WHO 64.
C.
Engagement of other independent human rights experts
65.
After noting that 400 people still lived in two camps, where children were “clearly
under-developed for their age,” the former Commissioner for Human Rights, Thomas
Hammarberg, called upon UNMIK, as the leading authority in Kosovo, “to organise an
immediate evacuation of the families in these two camps to a non- toxic site, followed by
medical treatment.” He concluded his 2009 letter stating, “this is the least we can do to ensure
healthy lives for this European community.”65 Unfortunately, it took several more years from
that point for the RAE residents to be completely relocated.
60
61
62
63
64
65
See https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24319&LangID=E.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24784.
See
https://www.ohchr.org/Documents/Issues/ToxicWastes/Communications/OL_OTH_24.12.2018_69.2
018_Response.pdf.
WHO, UNICEF; UNEP; OHCHR; UNHCR; UNDP; The letters can be consulted here https://www.ohchr.org/EN/Issues/Environment/ToxicWastes/Pages/LeadContaminationKosovo.aspx.
See
https://www.ohchr.org/EN/Issues/Environment/ToxicWastes/Pages/LeadContaminationKosovo.aspx.
See https://rm.coe.int/16806db863.
13
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