A/HRC/45/CRP.10
55.
During his 2019 visit, the Special Rapporteur heard from many of the community
members that what they most wanted from a remedy was to be reunited with friends and
family who escaped to Germany and elsewhere in the European Union during the Kosovo
conflict. Not only would they establish social bonds that cannot be repaired through a “trust
fund” and community assistance projects under a trust fund, but they may then also have
access to much needed social services. However, UNMIK had not met with the community
to ask what their hopes and expectations were from any remediation process, and no EU
member state had been approached regarding this possibility.
56.
With respect to the possible support to the reunification of members of the RAE
communities with their families in the European Union, according to the SRSG in May 2020,
this issue has not been raised directly with UNMIK and UNMIK has not been formally
requested to facilitate such a process. Accordingly, the SRSG stated that such a request would
have to be referred to United Nations agencies and organizations whose mandates specifically
cover the movement of people, as they would be best positioned to advice on this matter. The
SRSG further affirms that at the same time, these efforts cannot substitute the Trust Fund, as
more dedicated resources are needed to have a greater impact.
VI. International reaction to the United Nations response
57.
In his article called ‘Remedies for harm caused by UN peacekeepers” Bruce Rashkow,
who formerly held senior positions in the United Nations Office of Legal Affairs, as well as
in the Office of the Legal Adviser in the U.S. Department of State and with the U.S. Mission
to the United Nations writes, “since the creation of the United Nations, the need for the
Organization to enjoy immunity from the jurisdiction of Member States has been widely
recognized as necessary to achieve its important and far ranging purposes. However, it has
also been understood that this immunity was not intended to shield the Organization from
responsibility as a “good citizen” on the world stage to respond to justifiable claims against
the Organization by third parties resulting from the activities or operations of the
Organization.”57
58.
Various Government representatives and international human rights experts have
shared the view that the particular circumstances demand the accountability of the United
Nations and an end to an ongoing calamity that has befallen RAE children and other victims
in Mitrovica/Mitrovicë.
A.
Engagement of the European Parliament
59.
In January 2019, 55 members of the European Parliament addressed a letter to the
Secretary General of the United Nation urging him to take long overdue steps to ensure that
the victims of widespread lead poisoning at United Nations -run camps in Kosovo receive
individual compensation, adequate health care and educational support. 58 The letter stated
that the United Nations’ role in the violation of their rights had been clearly documented by
the Human Rights Advisory Panel, as well as by international and local human rights groups.
The affected communities were struggling to care for sick family members who were exposed
to toxic lead for more than a decade. Many of those affected, including children, are
experiencing myriad health problems and need financial and social support for medicine or
healthy food for their children. The members of the European Parliament estimated in the
letter that the United Nations response has been inadequate.
60.
On 29 November 2018, the European Parliament adopted a resolution on the 2018
Commission Report on Kosovo, calling on the United Nations “to swiftly deliver the
necessary support to the victims of lead poisoning in some refugee camps set up in Kosovo”.59
57
58
59
12
Bruce Rashkow (2 April 2014) Remedies for Harm Caused by UN Peacekeepers, American Society
of International Law.
See https://katipiri.nl/wp-content/uploads/2019/01/Letter-to-Mr.-UN-Secretary-General.pdf.
See http://www.europarl.europa.eu/doceo/document/TA-8-2018-0479_EN.html?redirect.
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