A/HRC/45/CRP.10 66. The Special Rapporteur on the human rights of internally displaced persons, who had visited the affected families in Mitrovica/Mitrovicë North in October 2013, expressed hope at the time that a public apology would be made to the complainants and their families and that swift action would be taken to provide redress to victims, to demonstrate that the United Nations does fully promote and ensure respect for human rights of all, particularly those of IDPs involved. 67. In 2016, United Nations Special Rapporteur on indigenous issues Rita Izsák-Ndiaye, and United Nations Special Rapporteur on the human rights of IDPs, Chaloka Beyani, made a public call upon the United Nations to implement the opinion of the HRAP, to hold UNMIK accountable for leaving Roma families exposed to lead poisoning.66 The United Nations Special Rapporteur on minority issues stated at the time - “I am glad that justice is being now delivered to one of the most deprived communities who had to suffer conflict, displacement and negligence. The opinion of the HRAP expresses a breach of international obligations by the UNMIK and I hope that the UN will see it as an important opportunity to hold itself accountable.” This Special Rapporteur on human rights and toxics, and the former Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Dainius Pūras, endorsed this appeal. 68. In his 2016 thematic report on the responsibility of the United Nations towards cholera outbreak in Haiti67, the former Special Rapporteur on extreme poverty makes a point, shared by this Special Rapporteur on human rights and toxics, stating that “it is noteworthy that the non-deceivability classification did not prevent the Human Rights Advisory Panel established by the United Nations to examine cases of alleged human rights violations in Kosovo from holding in 2016 that “UNMIK was responsible for compromising irreversibly the life, health and development potential” of the child complainants. 68 VII. Conclusions and Recommendations 69. Over the past several years, the Special Rapporteur on hazardous substances and wastes engaged in a long-standing and yet unresolved case involving 600 members of displaced Roma, Ashkali and Egyptian communities poisoned by lead and other toxic substances when housed in United Nations camps between 1999 and 2013. The camps were constructed on toxic industrial wasteland known to be contaminated since the 1970s after the community’s neighbourhood was set ablaze and their homes destroyed. 70. Following the visit of the former Special Rapporteur on internally displaced persons, a United Nations Human Rights Advisory Panel assessed the facts of the case and correctly found numerous human rights violations, including to resident’s rights to life, health, freedom from cruel and inhuman treatment, adequate housing, and to information, as well as specific rights of the child, and women. The HRAP’s 2016 analysis recommended that the United Nations take appropriate steps towards payment of adequate individual compensation to 138 members of the three communities and issue a public apology for having failed to comply with human rights standards, as part of an effective remedy. In response, the United Nations established a “Trust Fund” to help fund community-based assistance projects and made a statement of deep regret, without the possibility of individual compensation or an apology. Funding for the Trust Fund was to be provided through voluntary contributions by States and others. 71. The Special Rapporteur regularly engages with victims of exposure to hazardous substances, the vast majority of whom are unable to access an effective remedy. What stands out in this case is that neither causation nor culpability is at issue. No one is questioning that Roma, Ashkali and Egyptian women, and children, were exposed to lead and other toxic substances causing severe impacts on health, in violation of their rights to life, health, and physical integrity, among others. No one is arguing that housing the community on the toxic wasteland was necessitated or excused by the 66 67 68 14 See https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19822&LangID=E. A/71/367. HRAP, N.M. and Others v. UNMIK, case No. 26/08, opinion of 26 February 2016, para. 347.