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