NGO SUBMISSION TO THE 15th MEETING OF THE STANDING COMMITTEE OF THE EXECUTIVE COMMITTEE OF THE UN HIGH COMMISSIONER'S PROGRAMME

Agenda Item 4 (i) (a) Former Yugoslavia

June 1999

Thank you, Mr. Chairman.

1. This statement is presented by ICVA, building on the outcome of the meeting of the ECRE/ICVA Reference Group on the former Yugoslavia, held last week in Vienna involving more than 60 national and international NGOs.

Mr. Chairman,

2. The humanitarian impact of the crisis in Kosovo has been devastating. The NGO community remains extremely concerned, even though refugees are thankfully returning home. There are many sobering lessons to be drawn from this crisis.

Early warning

3. The first attacks by the military of the Federal Republic of Yugoslavia against civilians in Kosovo took place in the early spring of 1998. The international community was then caught short by the magnitude of the refugee exodus, which began after March 24 of this year. Without wishing to ascribe blame, we welcome the fact that several "lessons learned" studies are reportedly under way, including one by UNHCR itself.

Attacks on Civilians

4. The shocking crimes committed in Kosovo show how innocent civilians have become targets. Over the past five years, we have witnessed the systematic targeting of civilians and the gross violations of human rights. This must not be allowed to happen again. The protection of civilians and the enforcement of international law must be placed at the top of the international agenda as a matter of urgency.

Refugee Protection and Assistance

5. We welcome the quick response of the international community to protect and assist the Kosovar refugees. However, we call for a comprehensive review of the protection and assistance components of the international response. This review should also look at the many bilateral efforts and the involvement of NATO, which may have hampered UNHCR's lead agency role.

6. We must also express reservations over the humanitarian evacuation programme. Many delegations - and UNHCR - have hailed this as an example of refugee burden-sharing and international solidarity, implying that an important precedent has been set.

7. Yet the programme has also been full of inconsistencies and distortions, as UNHCR itself has conceded. The status and rights of the evacuees differed between countries. Even now that the war has ended, it is not clear when and under what conditions those evacuated will be able to return home and whether those who wish to remain where they are will be free to do so. Our view, and the view of UNHCR, is that they are 1951 Convention refugees and, as long as they need protection, cannot be forced to leave their countries of asylum. Certainly, the exceptionally generous international response to Kosovars must not adversely affect the chances for other refugees, from other crises to achieve resettlement.

8. The humanitarian evacuation programme must be critically evaluated in the light of its broad implications for refugee protection and asylum policies. In particular, humanitarian evacuations to third countries cannot be used by countries of first asylum as a precondition for keeping their borders open to refugees, which is their legal obligation under the 1951 Convention.

9. Protection must be ensured for all those displaced in the region. We particularly call on states to ensure that those who fled recruitment into armed forces known to be involved in crimes against humanity in the Federal Republic of Yugoslavia be given refugee status under the 1951 Convention.

Return to Kosovo

10. We are, of course, relieved that refugees are returning to Kosovo, but we note that the humanitarian risks remain. The most obvious threats come from landmines laid by the Yugoslav authorities, in violation of the Federal Republic of Yugoslavia's pledges under the Ottawa landmine ban treaty, and from unexploded cluster bombs from NATO bombing. Landmines have hampered other mass repatriation operations, including Cambodia and Afghanistan, and we can only hope that the international community will respond more decisively in Kosovo. We are concerned by reports that NATO troops will only undertake operational de-mining, which we understand will give priority to military considerations rather than humanitarian ones. We call on all states to urgently make resources available for the comprehensive clearing of mines. We have learned a great deal about the challenge of de-mining from Bosnia, Afghanistan, and other countries. It would be unpardonable if these lessons did not benefit the Kosovars.

11. We are also deeply concerned by the acts of reprisal and retaliation taking place in Kosovo. While feelings of revenge and retaliation understandably exist, minority groups must be protected and the multi-ethnic character of Kosovo maintained. In particular, we are concerned about the situation of the Roma. There have been a number of incidents in which Roma have recently been attacked by returning Kosovar-Albanians. The international community and NATO have an obligation to prevent reprisals and protect civilians of all ethnicities.

12. We understand that the Kosovo Liberation Army has compiled lists of those returning to Kosovo. As a matter of priority, all returnees, regardless of ethnic background, must be registered and given identity cards by UNHCR, for example to avoid property disputes. UNHCR must accelerate the process of registration.

Refugees Not Returning before Winter

13. While thousands of refugees have already returned, and thousands more will return in the days to come, a number of refugees may not return before the winter. Special attention must be given, and programmes put in place, to address the needs of the vulnerable. The right to continued asylum of those who do continue to need international protection must be respected and they must not be returned to Kosovo against their will.

14. We would also support the limited and selective winterisation of refugee dwellings, with particular attention being given to the homes of host families. This form of winterisation could have a positive impact on the local infrastructure and economy in the Former Yugoslav Republic of Macedonia and Albania through the employment of local contractors.

Outside Kosovo

15. Although the war may be over, we appeal to governments of the Standing Committee not to lose sight of the very real and pressing humanitarian challenges remaining in the rest of the Balkan region.

16. The situation in the Federal Republic of Yugoslavia (FRY) is particularly alarming. We note the conclusions of the recent UN Needs Assessment mission, headed by Under-Secretary-General Sergio Vieira de Mello, that a deep and complex humanitarian crisis now exists in FRY. FRY is suffering from the effect of bombing and years of economic isolation. It has the largest caseload of refugees in the Balkans. Yet the country is becoming more isolated and its prospects for receiving reconstruction aid are uncertain.

17. We understand the dilemma facing governments in deciding whether and how to resume aid to FRY. Many NGOs share these doubts. The government of the Federal Republic of Yugolsavia has arbitrarily convicted three relief officials from CARE Australia - a member of the ICVA family - on trumped-up charges following an unfair trial at which international observers were not admitted. This sends out a very negative signal to the humanitarian NGOs, which are, therefore, understandably deeply reluctant to operate or resume their operations in such an environment. But at the same time, it is also our duty not to lose sight of the humanitarian needs in FRY. We ask governments to join us in addressing this dilemma responsibly.

18. The needs of the region must not be ignored in the rush to rebuild Kosovo. Several countries, particularly Albania and the Former Yugoslav Republic of Macedonia, have suffered economically as a result of the crisis. Reconstruction must be regional in its approach, while keeping in mind the unique situation of each country.

Coordination and the Role of NATO

19. We welcome the creation of the UN Mission in Kosovo (UNMIK), which provides a framework for the international community to work in Kosovo and we call on member states and international organisations to work within this framework. Coordination was not one of the strongest points of the international response to the refugee crisis as many states took their own bilateral initiatives in establishing camps.

20. We recognise the logistical contribution of NATO forces and national military contingents to the humanitarian effort in the Former Yugoslav Republic of Macedonia and Albania. Nevertheless, many members of the NGO community are concerned that the military's participation in humanitarian action and their portrayal of their perceived humanitarian operations to the media and broader public continues to compromise the independence of relief operations.

21. We call on the international community to move quickly to fill the political and administrative void, thus ensuring that civilian actors are in place to take up these tasks within the framework of UNMIK. Meanwhile, we ask NATO to focus its activities on securing a safe environment for returnees and the civilian population in which humanitarian assistance can be provided; to undertake disarmament; and to engage in comprehensive de-mining and the removal of unexploded ordinances as soon as possible.

22. We appreciate the efforts of NGOs in Kosovo to assist UNHCR in its task of humanitarian coordination and we commend them for establishing a central coordinating NGO Council in Pristina involving national and international NGOs. Many NGOs have considerable experience and expertise in the area. We encourage UNHCR and others to take this into account in determining their implementing partners.

Rebuilding Civil Society

23. During the 1980s, Kosovar civil society began to establish remarkable parallel structures based on non-violence and tolerance. To a large extent, civil society has survived the trauma of the last two years and it could still play a role in the reconstruction of the province. Once again, however, this will require constant effort and attention from the international community. We welcome UNHCR's commitment to civil society as contained in its Kosovo repatriation plan and hope that UNHCR will now put these ideas into practice and actively develop partnerships with Kosovar civil society, including national NGOs.

24. The next few months will be crucial in creating stability in the region. Long-term planning must be carried out to ensure a smooth transition from humanitarian assistance to development assistance. The international community must work together in a coherent manner to ensure effective reconstruction. The non-governmental community is committed to playing a part in this process.

Thank you Mr. Chairman.