Conclusions of an extraordinary meeting of CAHAR(1) on Kosovo

Doc. 8436

14 June 1999

Conclusions of an extraordinary meeting of CAHAR¹
on Kosovo

Communication

Committee of Ministers

Letter from the Chairman of the Ministers' Deputies to the President of the Assembly, dated 26 May 1999

Dear President,

Following the decision of the Deputies at their last (671^st) meeting, in connection with the follow-up to the 104^th ministerial Session in Budapest, I have the honour to enclose, for the information of the Parliamentary Assembly, the conclusions of the extraordinary meeting on Kosovo of the ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons (CAHAR) (Strasbourg, 26-27 April 1999).

...

Signed:

Sveinn Björnsson

Ad hoc committee of experts on the legal aspects

of territorial asylum, refugees and stateless persons (CAHAR)

Extraordinary meeting on Kosovo

Strasbourg, 26-27 April 1999

Conclusions

The Committee of Ministers agreed on 9 April 1999 that the CAHAR should organise an extraordinary meeting on Kosovo at short notice. The meeting was convened for 26-27 April 1999 in Strasbourg and was chaired by the CAHAR’s Chairman, Mr Vassilios PATRONAS (Greece). The participants held a tour de table concerning the humanitarian situation relating to Kosovo and exchanged experience on the sudden and massive arrival of refugees from there. Recognising the unique position of the Council of Europe as a pan-European organisation with a mandate to promote democracy, the rule of law and human rights, including, among others, the provision that no one shall be expelled, by means either of an individual or collective measure, from the territory of the State of which he or she is a national, they agreed on the following conclusions :

1. International protection

Refugees and other persons in need of international protection fleeing from Kosovo should be granted immediate protection, either according to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol or, wherever this is not possible and legislation or practice is so established, through other protection measures of temporary nature. Individual claims for refugee status should be examined, at the latest, when protection measures of temporary nature cease to apply.

Minimum standards of treatment for these persons in case of protection measures of temporary nature are :

- admission to safety and non-refoulement,

- respect for basic human rights and dignity, including access to means of subsistence and possibility for families to stay together or re-unite and

- no return measures applied without internationally verified conditions of safety and dignity in the country of origin.

2. Protection in the region

Refugees and other persons in need of international protection, fleeing from Kosovo, should be provided with protection as close to their country of origin as is safely possible.This would facilitate their future return in safety and dignity, as soon as such conditions allow. Consequently, refugee settlements should be located at a safe distance from the border with their country of origin. Refugees should be consulted and encouraged to participate, as far as possible, in the management of their settlements.

3. International solidarity

In such a mass influx situation, international solidarity, through assistance to the most affected countries and to the refugees and other persons in need of international protection who are being

hosted by these countries, is indispensable and most appreciated. Such assistance, governmental or non-governmental, should be coordinated by the lead agency of the humanitarian operations relating to Kosovo, the Office of the United Nations High Commissioner for Refugees (UNHCR).

4. Humanitarian evacuation

As a special form of international solidarity, humanitarian evacuation has been, and might continue to be, a means of temporarily sharing the responsibilities by third countries for refugees and other persons in need of international protection. Such evacuation should be done

- with the informed consent of those to be evacuated,

- after, at least, a basic registration of these persons and the provision for them of basic identity documents,

- taking into account respect for family unity, in particular, not separating family members from each other against their will,

- by prioritising departure for vulnerable persons with special protection needs, where humanitarian evacuation is an approriate response, and only such persons who are medically

fit to travel.

Humanitarian evacuation programmes should be implemented in cooperation with the UNHCR.

5. Registration and documentation

No state shall arbitrarily deprive its nationals of the records and documents of identity, nationality or legitimate property. Re-establishment of the identity of refugees and other persons in need of international protection who have no documents will contribute to the feasibility of future return programmes, once conditions allow return. The Council of Europe has joined the immediate efforts of the international community to complete the task of registration and granting identity documents to persons fleeing from Kosovo. Such registration should be coordinated and compatible, when it is done by authorities in different receiving countries, also taking into account European standards of data protection.

6. Groups with special protection needs

Special protection needs of refugees and other persons in need of international protection fleeing from Kosovo should be met. Such groups include, in particular, victims of torture, abuse or sexual violence, single heads of households, the unaccompanied elderly and the seriously ill or injured. Particular attention is needed for unaccompanied or separated children in tracing parents or other close relatives, in recreational activities, education and psychological assistance, where appropriate.

7. Right to return

Refugees and other persons in need of international protection, fleeing from Kosovo, have the right to return to their country of origin. A soon as circumstances allow, host countries should facilitate return in safety and dignity, through all appropriate means, including visits to the country of origin.

¹ Ad hoc Committee of experts on the legal aspects of territorial asylum, refugees and stateless persons