A/HRC/4/38
page 9
international humanitarian and human rights law; (c) establishes guarantees for those who
choose to return voluntarily to their respective ancestral or former residence; and (d) expresses a
commitment to creating an atmosphere conducive to the normalization of mutual relations and to
reconciliation and far-reaching human rights engagements.
Montenegro and Kosovo
27.
Following his mission to Serbia and Montenegro in June 2005 (see
E/CN.4/2006/71/Add.5), the Representative had called upon the Government and the
international community to ensure that possible changes in the status of the Federation did not
create new IDPs or turn them into refugees and that all their rights, including to return, to
protection of their property and its restitution or compensation and to pension benefits, would be
safeguarded, and to prevent any IDPs, including those not yet registered, from becoming
stateless.
28.
After Montenegro became an independent and sovereign State with full international
legal personality in June 2006, the Representative wrote to the Government, expressing his hope
that envisaged reforms would be fully compatible with international standards. He noted that
return was not presently a feasible option for many of the remaining displaced persons, as it
could not yet be assured to take place in safety and dignity, particularly for those originating
from Kosovo and belonging to ethnic minorities. The Representative urged the Government to
remove obstacles to their local integration, such as restrictions on access to employment, social
welfare, health services and education. He strongly recommended that displaced persons be
given the option of voluntarily acquiring the citizenship of Montenegro and welcomed the fact
that a draft citizenship law envisaged the possibility of the naturalization of Serbian nationals.
At the same time, in order to protect the right to return in the future, the Representative proposed
that displaced persons be offered the option of retaining dual citizenship. The Representative
emphasized that the rights of IDPs related to property claims, health insurance coverage, social
security benefits, pension funds, access to education and employment must not be curtailed as a
consequence of independence. In this regard, he recommended the conclusion of an agreement
with Serbia for mutual recognition of legal documents such as insurance titles, employment
records and diplomas.
29.
The Minister for Foreign Affairs, who acknowledged receipt of the Representative’s
communication by letter dated 4 August 2006, reaffirmed Montenegro’s commitment to find
durable solutions for these vulnerable groups in full accordance with relevant domestic laws and
international standards and indicated that further substantive communication would be
forthcoming. The Representative welcomed the Minister’s commitment and looks forward to
receiving updated information about the legal status and living conditions of displaced persons in
Montenegro.
30.
Following up on his visit to Kosovo as outlined in his last report to the General Assembly
(A/60/338, paras. 19-31) and in the context of the current status talks, the Representative
addressed the President and the Prime Minister of Serbia, the President of the Provisional
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