Doc. 8309

27 January 1999

Crisis in Kosovo and the situation in the Federal Republic of Yugoslavia

Opinion

Committee on Migration, Refugees and Demography

Rapporteurs : Mr Ali Dinçer, Turkey, Socialist Group, and Mr Tadeusz Iwiński, Poland, Socialist Group

Situation in Kosovo

1.       In September 1998, during the last Parliamentary Assembly debate on the crisis in Kosovo, the number of displaced persons within Kosovo was estimated at over 200 000 people. Some 50 000 of them were living in particularly exposed conditions in the open air or in makeshift shelters in remote wooded and mountainous areas.

2.       The cease-fire and the subsequent withdrawal of Serb security forces on 27 October seems to have averted a humanitarian catastrophe just in time before the winter. The authorities of the Federal Republic of Yugoslavia (FRY) undertook a commitment to create conditions for the return of refugees and displaced persons to their homes in Kosovo, and some progress was observed with regard to their willingness to co-operate with international humanitarian organisations towards this end.

3.       Until recently the cease-fire generally held although there has been random violence blamed on both FRY security forces and the Kosovo Liberation Army (KLA), and, in particular, a significant increase in the number of murders, allegedly perpetrated by the KLA, which have prompted vigorous retaliatory action by government security forces causing further population displacement.

4.       The most serious incident took place just before the New Year when army and police units assaulted members of the KLA in Lapastica in the Podujevo municipality. Fighting lasted 4 days, there were at least 17 Albanians killed, and more than 5 000 people were forced to evacuate 4 villages. Some of them returned but the majority remained in temporary shelters in nearby villages, crammed into houses and stables in appalling conditions.

5.       The international Kosovo Diplomatic Observer Mission (KDOM), which is being replaced by the OSCE in monitoring Yugoslavia’s compliance with United Nations resolutions on Kosovo, has managed to renew some confidence among the displaced, encouraging people to return to their homes. Where there is a visible international presence, and where houses are usable (more than 20 000 have been damaged during the conflict) people have come back.

6.       Significant return movements to Decane, Junik, Lapusnik and Golubovac were reported at the end of November and in the beginning of December. With the encouragement of UNHCR, KDOM established a presence in Dragobilje, triggering the return of almost all 1 200 inhabitants.

7.       One important indicator is Malisevo, the former KLA headquarters, abandoned by its 3000 residents last July. Some 80 families have recently returned there, after being encouraged by assurances given by the United Nations High Commissioner for Refugees, Mrs Sadako Ogata and Ambassador William Walker, head of the OSCE verification mission in Kosovo (KVM), during their visit on 21 December. OSCE KVM now has a permanent presence in Malisevo.

8.       Returns are often tentative. Those returning home keep their belongings packed and are prepared to leave at any moment.

9.       The fluidity of the return movement makes it almost impossible for the humanitarian organisations to assess accurately the number of people returning. According to UNHCR estimates issued just before the latest tragic developments, nearly 100 000 people have returned to their villages. It was also estimated that 10 000 to 12 000 people displaced to Montenegro have returned to Kosovo, although it is impossible to ascertain whether they have returned for good, or have gone to Albania or destinations in western Europe.

10.       There are still some 180 000 people displaced within Kosovo. This figure includes those villagers who have returned but have found their homes destroyed and have to stay with neighbours, thus being displaced within their own villages.

11.       Uncertainty and lack of security appear to be the main deterrent to returns. Although spontaneous returns, i.e. those not encouraged by international forces, have taken place, these were mainly a question of survival during the harsh winter months.

12.       Although Serb checkpoints were dismantled with the 27 October pullback, police continued to control checkpoints on highways, moving to less visible positions on strategic hills. The government has also fielded more mobile patrols, conducting spot checks on the roads, detaining and interrogating young men. Buses are stopped, bags inspected and male passengers sometimes beaten up. Security remains tight along villages on the border with Albania, where illegal traffic in arms continues and KLA fighters are particularly active. Early this month, troops detained an entire village population for 24 hours while they conducted a house-to-house search for weapons.

13.       Meanwhile, KLA troops have taken over checkpoints left by Serbian police in the interior villages, provoking incursions by Serb armoured vehicles and triggering occasional gunbattles. In many villages, the KLA returned with the villagers and acted as protectors.

14.       The deteriorating security situation is increasingly threatens to the operational capability of humanitarian organisations which is another serious obstacle to returns. For example a vehicle operated by Norwegian Church Aid was targeted by an under-car explosive device. Fortunately it exploded in the early morning, causing damage to the vehicle only. The delivery of relief supplies to vulnerable civilians is also becoming more dangerous. On 7 January, 14 vehicles in an inter-agency convoy led by UNHCR were blocked by armed Serb civilians. They were released following negotiations between UNHCR and police. On 9 January armed Serbian civilians seized medicines from Médecins du Monde outside Suva Reka in central Kosovo. They were released thanks to UNHCR’s intervention.

15.       In spite of increased threats to security, UNHCR, together with the World Food Programme (WFP) and the NGO community, are continuing to provide aid to the displaced and returnee populations. Since mid-October, UNHCR has been running some six international convoys weekly out of Pristina (before October it was three convoys a week). On 2 December, UNHCR launched decentralised aid deliveries, via its offices in Pec, Prizren and Mitrovica, while maintaining deliveries from the Pristina main office.

16.       Lack of housing constitutes another major factor preventing returns. In many cases the internally displaced persons who have returned to find their houses totally destroyed have made their way back to the towns, where they feel they can at least be assured of continued relief aid.

17.       The UNHCR-NGO shelter survey conducted on 2-4 November covered 285 villages, of which 210 had been damaged by the conflict. Nearly 60% of the homes were found to be inhabitable, requiring basic shelter materials – plastic and plywood to close windows or seal off doors. About 30 % of the homes were damaged or destroyed and will need to be renovated next spring if the fragile return movement holds.

18.       A shelter programme is underway. It is aimed mainly at helping returnees to winterize their homes. Until now over 10 000 shelter kits have been distributed and start-up materials consisting of lumber and heavy duty tarpaulin have been sent to repair 417 houses.

19.       Part of UNHCR’s role is to co-ordinate with the Yugoslav authorities the distribution of basic shelter materials – tiles, bricks, windows – which under UN Security Council Resolution 1199 the Yugoslav authorities must provide. In a meeting with UNHCR, the Government’s representative said that the Government had formed a multi-ethnic task force to help rebuild houses, and would provide building materials to villages identified by UNHCR to be in need of assistance. At the moment the Government is providing relief aid to more than 100 distribution points through 17 Humanitarian Centres.

20.       Damaged infrastructure, lack of schools and electricity and polluted wells also deter people from returning. UNHCR has been working closely with KDOM and OSCE to encourage Serb police to evacuate facilities such as schools in order to encourage additional returns. This effort has centred mainly on Suva Reka municipality, where UNHCR shelter kits have been used to winterize and reopen 13 out of 17 schools in the municipality.

21.       Co-ordination between the OSCE, UNHCR, and other humanitarian organisations operating in the region has been good. On 16 December 1998, UNHCR chaired a co-ordination meeting in Pristina, on behalf of the relief and donor community, with all humanitarian organisations operating in the region, in order to facilitate planning and identify areas to be targeted for assistance in 1999.

22.       The return process has been fragile but ongoing. The recent tragic upsurge in violence has undermined what has been accomplished and put into question the confidence which returnees had developed in the international organisations. The crime committed in the village of Racak on 15 January 1999 affect the general security situation as well as the safety of returnees, and has triggered more departures.

23.       By 20 January about 5 3000 people from the village of Racak and the nearby areas of Petrovo, Malopolje and Rance had fled, heading for the woods and for the town of Stimlje. Aid workers in Stimlje said there was a steady stream of displaced people arriving on foot, in horse-drawn carts and tractors. Several hundred are still in the hills, exposed to snow and freezing temperatures. At least three children are reported to have died in the cold.

24.       A UNHCR team which tried to deliver food and blankets to Racak on 17 January was blocked by Serbian security forces from entering the village. The convoy unloaded its supplies at Stimlje, one kilometer from Racac, in the hope that the aid would reach the neediest people.

Republic of Montenegro

25.       Out of 44 000 displaced Kosovars registered in Montenegro just before the cease-fire, some 10 000 – 12 000 sheltered in cattle sheds in mountain villages near Rozaje have been driven by winter to leave. Many have returned to villages in Western Kosovo, but movements to Plav and Rozaje, as well as to likely destinations in Western European countries, have also been noted.

26.       The UNHCR-funded registration of displaced persons in Montenegro is due to start shortly. In the meantime food distribution is underway for 34 385 beneficiaries. The International Orthodox Christian Church and Samariter Arbeitshilfer are also distributing food parcels.

27.       The final draft of the Memorandum of Understanding on the provision of education to displaced children from Kosovo has been submitted by UNHCR and UNICEF to the Government of Montenegro for signature. There are currently 1 600 children of school age among displaced Kosovars.

"The Former Yugoslav Republic of Macedonia"

28.       As of 17 December 1998, the Macedonian Red Cross registered 880 refugees from Kosovo. 473 of these were reported by UNHCR to be in need of medical services. The International Federation of Red Cross and Red Crescent Societies (IFRC) and the Macedonian Red Cross (MRC) have provided relief assistance. UNICEF is about to start the medical programme, and Catholic Relief Services (CRS) in collaboration with IFRC are distributing wood for fuel to vulnerable groups.

29.       While some families have been returning home to Kosovo, those remaining within "the Former Yugoslav Republic of Macedonia" are now coming forward more readily to receive assistance.

Albania

30.       Albania hosts some 20 000 refugees. Lawlessness and bandit attacks on aid agencies in the northern Albanian town of Bajram Curri are forcing refugees there to head back to Kosovo. On 8 December only some 700 refugees remained in Tropoje District. UNHCR has continued implementing its policy of encouraging the refugees to move away from the insecure northern districts to locations further south.

Bosnia and Herzegovina

31.       Some 6 336 refugees have been formally registered out of an estimated 10 000 thought to be in the country. Of these, the abandoned Coca-Cola factory in Hadzici now houses some 800 (down from a peak of over 1 200 in October). UNHCR has made great strides to improve conditions at the facility.

Kosovo asylum seekers in other European countries

32.       The number of asylum seekers from Kosovo is difficult to estimate, in part due to lack of statistics broken down by ethnic origin. However it is estimated that almost 90% of applicants from the Federal Republic of Yugoslavia are Kosovo Albanians. Between January and November 1998 they amounted to 73 926.

33.       On 20 November UNHCR updated its « Position paper on the treatment of refugees and asylum-seekers from Kosovo » of 25 August 1998. It states that: «it may reasonably be assumed that important numbers of those displaced by the conflict could have a well-founded fear of persecution for 1951 Convention reasons ». It reiterates the request not to send rejected asylum-seekers from Kosovo back to the Federal Republic of Yugoslavia, and it urges the governments concerned to consider providing them some form of humanitarian residence status for as long as necessary to ensure their protection.

34.       According to available information, there have been no recent cases of deported asylum-seekers to Kosovo.

Conclusions

35.       A political settlement is the key element of the peaceful solution of the crisis in Kosovo. The Assembly supports all international efforts aimed to ensure the compliance of the Yugoslav authorities with their obligations.

36.       International presence on the spot will continue to be an essential factor in ensuring security, providing humanitarian relief and facilitating possible returns.

37.       On 17 December 1998 the United Nations launched the Consolidated Interagency Appeal including emergency-orientated programmes which focus on humanitarian needs in Kosovo. The Parliamentary Assembly calls on the Member States to step up donor funding which is essential for the prevention of a humanitarian disaster.

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Reporting committee: Political Affairs Committee (Doc. 8308)

Committee for opinion: Committee on Migration, Refugees and Demography

Reference to committee: Urgent debate, Reference No. 2355 of 25 January 1999

Draft opinion approved on 26 January 1999

Secretaries to the committee: Mr Newman, Mrs Nachilo, Mr Adelsbach.