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NGO submission to the Humanitarian Issues Working Group of the Peace Implementation Council

Geneva, 8 December 1999

Madam High Commissioner,

This statement is delivered by the International Council of Voluntary Agencies (ICVA).

We welcome this opportunity to bring to your attention a number of issues considered key by NGOs in providing protection and security and in finding durable solutions for all refugees and displaced persons in the Balkans.

Regional Approach and Stability Pact

A regional approach is of vital importance in order to build stability in the states of the former Yugoslavia. While properly the focus of much international attention, we should not allow Kosovo to distract us from finding a wider regional solution.

In this regard, the Stability Pact for South-Eastern Europe must be both welcomed and supported. The launch of the Stability Pact raised high expectations, as many viewed it as a last chance to foster a sustainable peace in the Balkans. Now, six months later, we are extremely concerned that the Pact remains largely rhetorical. Governments have been too slow in fulfilling their commitments and delivering the required resources.

In finding durable, regional solutions, the Stability Pact must recognise the vital role NGOs play in building civil society. We are very concerned however that this aspect has been seriously overlooked. No mechanisms have been created to systematically involve national and local NGOs. We call on the governments involved in the Stability Pact, as a matter of priority, to reach out to NGOs and to make adequate resources available that allow NGOs to contribute to the Stability Pact, its Working Tables, and task forces in a meaningful manner.

Federal Republic of Yugoslavia

While we recognise that the Federal Republic of Yugoslavia (FRY) faces a huge political and economic crisis engendered by the current administration, the NGOs are extremely concerned that political considerations prevail in the response of certain members of the international community to the humanitarian needs in FRY. For obvious reasons, NGOs have refused to monitor the delivery of heating fuel as was requested by one international donor agency.

Caught in this crisis are the hundreds of thousands of refugees and displaced persons, the largest caseload, but also the most isolated, in Europe. Many of them are living under harsh conditions and for some, there is even an immediate shortage of winterised shelter. We are concerned that the 230,000 internally displaced persons have fallen off the international agenda. Their fundamental right to return needs to be addressed urgently, in particular because many, especially the Roma, have been unable or, out of fear, unwilling to register.

In addition, due to the deteriorating living conditions, it has become difficult to differentiate between the refugees and displaced persons on the one hand, and the impoverished on the other hand. The health and education systems are on the verge of collapse.

Bosnia-Herzegovina

The full realisation of the refugees’ fundamental right to return remains key to the future of Bosnia-Herzegovina. We commend UNHCR for its ongoing efforts to help people return home. Like UNHCR, we believe that the Stability Pact process is vital in creating the conditions necessary for return. However, the NGOs fear that this Pact risks becoming merely an academic exercise if it fails to include local structures and civil society groups in its work.

We call on donor governments to continue to support return schemes. However, we warn them again that there are no quick solutions in the Balkans. Too often, expectations have been frustrated and projected return figures have not conformed to reality.

We are greatly disturbed and surprised by the deliberate and hasty withdrawal of one donor agency. ECHO has been flexible in its approaches, has always been supportive of the principle of return, and has worked closely with NGOs on this issue. We call on the Commission of the European Union and ECHO to ensure adequate transition time so as not to lose the benefits of this approach.

The international community is still learning many lessons from its response in Bosnia and we hope that these lessons will be applied elsewhere in the Balkans. In celebrating the fourth anniversary of the Dayton agreement, we call on the international community not to abandon the principles of the agreement and to continue working with the NGO community to rebuild civil society.

A crucial element in building peace and ensuring regional stability is the continuation of efforts to apprehend persons alleged of perpetrating war crimes. Those who are indicted by the International Criminal Tribunal for the former Yugoslavia must be arrested and detained expeditiously. We call on SFOR to vigorously pursue this task.

Kosovo

The transition from relief to reconstruction is the single most important challenge facing the international community in Kosovo at present. We call on the international community to address the critical handover of key responsibilities from the UNMIK humanitarian pillar to the reconstruction pillar.

In this respect, it is essential that UNMIK has all the resources necessary to manage the transition. However, an effective transition will be not be achieved by merely supplying resources. Pertinent expertise must be provided in order to ensure the best use of these resources. The NGOs also call on the international community to involve all groups, including national and international NGOs in Kosovo, in the planning and implementation of this transition.

The successful transition to economic reconstruction will also be key in bringing about an end to the continuing ethnic tensions. The two recent OSCE reports on human rights abuses show that these tensions are as strong as ever. Other observers have noted the spread and influence of organised crime. The degree of peace attained under KFOR's presence must not be mistaken for the rule of law. As recently reported by one prominent human rights NGO, there is a worrying trend in Kosovo towards the creation of a culture of impunity. The legal and judiciary mechanisms put in place by the international community must be effectively employed. At the same time, the international community must help the people who are prepared to work for justice and reconciliation by encouraging them to speak out and defending them in their right to do so -­ if necessary, physically defending them.

We must not lose sight of the creativity and determination of the people of Kosovo who represent the greatest hope for the successful rebuilding of the province. We must take great care not to hinder or curtail these characteristics and must leave adequate space for the people of Kosovo to find their own future.

We commend UNHCR for the independent evaluation of its response during the emergency. We hope that the evaluation will be as transparent as possible and will seek broad input from NGOs. However, we are concerned that many evaluations are used for raising a smoke screen and that the real issues, including strong political interests, remain unaddressed. The international system for refugee protection is surely at risk if the evaluation is used to scapegoat one player while ignoring more fundamental problems. We call on governments and UNHCR to design effective mechanisms to learn the lessons being drawn.

Thank you.

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