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Serbia and Montenegro: Information on the incidence of violence in Kosovo and state response (January 2003-February 2005)

The International Crisis Group (ICG) stated in January 2005 that "Kosovo's social arena is one of slow motion warfare, not a peace-building environment" (24 Jan. 2005, 4).

There were various accounts of violence against ethnic minorities: Freedom House reported on "[a] campaign between May and September [2003] to kill ethnic Serbs" (Freedom House 30 Nov. 2004, 12), while Country Reports 2004 noted that general "societal violence" and abuse were still a "serious problem" for minority groups, especially in relation to the riots of March 2004 (Country Reports 2004 28 Feb. 2005). The 14 February 2005 report to the Security Council by the United Nations' Secretary- General maintained that while the situation "[had] improved since the violence of March 2004 ... freedom of movement remained precarious" (UN 14 Feb. 2005).

Kosovo Albanians also appear to have been the targets of politically motivated attacks, including killings, assaults and threats (Country Reports 2004 28 Feb. 2005).

The EU observed that attacks "on police and judiciary facilities and personnel" have increased and "culminated with the attacks on UNMIK police and KFOR on the occasions of the March 2004 ethnic violence" (EU 2004). "[F]our Kosovo Albanians were awaiting trial" at the end of 2004 in relation to the 23 March 2004 killing of a Kosovo Police Service (KPS) officer and a United Nations Interim Mission in Kosovo (UNMIK) police officer when their patrol was attacked (Country Reports 2004 28 Feb. 2005). More recently, a UNMIK officer was killed when a bomb destroyed his vehicle on 13 January 2005 (UNMIK 13 Jan. 2005).

Country Reports 2004 reported that, despite UNMIK regulations against discrimination, "violence and discrimination against women, persons with disabilities, and ethnic minorities persisted" (28 Feb. 2005).

For information on domestic violence in Kosovo, please consult SCG43436.E of 4 March 2005.

Response by the authorities

While, for example, 26 cases of arsons were ethnically motivated in 2003, no one was sentenced that same year for these crimes, and "[n]o progress was made during [2004] in investigating or prosecuting 2003 cases of violence against Serbs" (Country Reports 2004 28 Feb. 2005; see also Country Reports 2003 25 Feb. 2004).

Amnesty International reported that, since 1999, UNMIK has not succeeded in bringing to justice the perpetrators of ethnically motivated killings or crimes (1 Sept. 2004).

The United Nations High Commissioner for Human Rights (UNHCHR) stated that it had helped Kosovo's Assembly draft anti-discrimination legislation, supported the work of civil society organizations, and aided the Prime Minister's Office in establishing a "human rights strategy" (22 Sept. 2004).

March 2004 Riots

Seen by the United Nations (UN) to be "some of the worst violence [in Kosovo] since [...] June 1999" (11 June 2004) and by Country Reports 2004 as "the most serious outburst of violence and destruction since the 1999 conflict" (28 Feb. 2005), widespread riots took place in Kosovo on 17 and 18 March 2004, targeting Kosovo Serbs and other minorities; Kosovo Albanians were also evicted from their homes in places where they are a minority (Country Reports 2004 28 Feb. 2005; AI 1 Sept. 2004). An estimated 51,000 people took part in 33 violent incidents in Kosovo, "predominantly involving Albanians attacking Serb enclaves and communities, but also involving Albanians attacking other minorities" (ibid.). In the violent riots

20 persons were killed, including 8 Kosovo Serbs and 12 Kosovo Albanians, more than 900 were injured, more than 900 Serb, Romani, and Ashkali houses and 30 [O]rthodox churches or monasteries were burned or severely damaged, and over 4,000 Serbs, Ashkalis, and Roma were made homeless (Country Reports 2004 28 Feb. 2005; see also UN 24 Aug. 2004).

The vast majority of recorded ethnically motivated crimes of 2004 occurred in March (859 out of 1,100); "[e]xcluding the March riots, the 172 incidents suspected of having an ethnic motivation constituted a moderate increase (18 percent) over the 138 incidents [in 2003]" (Country Reports 2004 28 Feb. 2005).

For Stephen Larabee of the European Security Issues at RAND Corporation, the March 2004 violence "underscored the degree to which Kosovo continues to remain unstable" (Voice of America 10 Jan. 2005).

Response by international and local authorities

International institutions have severely criticized both the security agencies in Kosovo and the Provisional Interim Self-Government of Kosovo (PSIG) for what they viewed as the delayed and insufficient reaction to the violence (UNHCR 13 Aug. 2004, 7; EU 2004; see also Norwegian Refugee Council 30 July 2004). The European Union (EU) was particularly concerned with the failure of the KPS "to enforc[e] the law" when the March violence unfolded (2004).

Numerous arrests were made, and by June 2004, "270 persons had been arrested" in relation with the March 2004 riots (Country Reports 2004 28 Feb. 2005). Extra investigators, prosecutors and judges were recruited by UNMIK, while the KPS started disciplinary investigations against 100 officers "for failure to act and involvement in the riots" (ibid.).

Local political leaders, the international community and UNMIK made efforts to ensure that the needs of displaced persons were met (UNHCHR 22 Sept. 2004). Five months after the March 2004 violence, there were still 2,300 displaced persons (UN 24 Aug. 2004).

The UN established an official enquiry in June 2004 to evaluate the repercussions of the March violence and to find ways in which Kosovo inhabitants can live peacefully (ibid. 11 June 2004). According to an International Relations and Security Network (IRSN) article, the report by Kai Eide, a Norwegian diplomat, "harshly criticizes and outlines the failures of the UN policies in Kosovo that have led to the frustration of the Kosovo Albanian majority and its mass-scale violence against the Serb minority" (26 Aug. 2004; see also Financial Times 9 Sept. 2004). Following this report, the North Atlantic Treaty Organization (NATO) reportedly changed policies for the international force it leads (Kosovo Force or KFOR) and allowed troops to "move across the whole province and engage in crowd control" (Financial Times 9 Sept. 2004).

The Kosovalive News Agency reported that the Kosovo Assembly had set up an inquiry committee as well to seek explanations for the March 2004 violence (9 Apr. 2004). No information on conclusions of this enquiry was found among the sources consulted by the Research Directorate.

In his 14 February 2005 report to the Security Council, the Secretary-General of the UN listed a few positive steps taken since the March violence erupted:

Crime statistics show a positive trend. Low levels of serious crimes againstmembers of minority communities are reported: two Kosovo Albanians are on trial for the only case of murder of a Kosovo Serb since March 2004. Crime clearance rates are broadly comparable for crimes committed by or against members of all communities (a priority). Conviction rates of 67 per cent to 85 per cent indicate that prosecutions are adequately effective and targeted.

[...] Local courts have continued to deal fairly and reasonably efficiently with cases related to the March violence: 348 persons have been brought before the courts for riot-related offences. Of these, 98 are under investigation, 74 are indicted awaiting trial, and cases against 176 have been completed. The bulk of these cases has beenhandled by the local judiciary (UN 14 Feb. 2005).

As well, the Secretary-General of the UN noted that the government of Kosovo "[had] made several approaches to the [Serbian Orthodox] Church" concerning reconstruction efforts of its burnt churches and that the Temporary Media Commissioner of Kosovo [had been] successful in reaching a settlement with three media outlets, following complaints that their coverage of the March events had been "hate speech" (ibid.).

Nonetheless, three documents published by the UNHCR insist on the importance of maintaining asylum rights for Kosovo minorities (ibid. 24 Aug. 2004).

Recent indications are to the effect that international forces have increased their presence in Kosovo; KFOR has 20,000 personnel, but recently added 500 members from the United Kingdom and others from Germany (BBC News 8 March 2005).

For more in-depth information on the March 2004 riots, please consult the following documents: Amnesty International's Serbia and Montenegro (Kosovo/Kosova): The March Violence: KFOR and UNMIK's Failure to Protect the Rights of the Minority Communities of 8 July 2004; Human Rights Watch's Failure to Protect: Anti-Minority Violence in Kosovo, March 2004 of 20 July 2004; the United Kingdom Home Office's July 2004 Bulletin on Kosovo; the Belgrade-based Humanitarian Law Center's Report: March 2004 – Ethnic Violence in Kosovo of 28 July 2004; and Country Reports 2004, "Kosovo" Sec. 5.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 1 September 2004. Europe and Central Asia: Summary of Amnesty International's Concerns in the Region (January – June 2004). (EUR 01/005/2004). <http://web.amnesty.org/library/Index/ENGEUR010052004?open&of=ENG-ROM> [Accessed 17 Jan. 2005]
_____. 8 July 2004. Serbia and Montenegro (Kosovo/Kosova): The March Violence: KFOR and UNMIK's Failure to Protect the Rights of the Minority Communities. (EUR 70/016/2004). <http://web.amnesty.org/library/Index/ENGEUR700162004?open&of=ENG-YUG> [Accessed 17 Feb. 2005]

BBC News. 8 March 2005. "War Crime Charges for Kosovo PM." <http://news.bbc.co.uk/2/hi/europe/4328613.stm> [Accessed 8 March 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. "Serbia and Montenegro." United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2004/41706.htm> [Accessed 17 Feb. 2005]

Country Reports on Human Rights Practices for 2003. 25 February 2004. "Serbia and Montenegro." United States Department of State. Washington, DC. <http://www.state.gov/g/drl/rls/hrrpt/2003/27874.htm> [Accessed 17 Feb. 2005]

European Union (EU). 2004. Commission of the European Communities. Commission Staff Working Paper, Serbia and Montenegro: Stabilisation and Association Report 2004. [SEC(2004)376]. <http://europa.eu.int/comm/external_relations/see/sap/rep3/cr_s-m.pdf> [Accessed 26 Jan. 2005]

Financial Times [London]. 9 September 2004. Daniel Dombey. "International Policy on Kosovo Shifts after Criticism." (Global Policy Forum). <http://www.globalpolicy.org/security/issues/kosovo1/2004/0909shift.htm> [Accessed 9 March 2005]

Freedom House. 30 November 2004. "Serbia and Montenegro." Nations in Transit 2004. <http://www.freedomhouse.org/research/nattransit.htm> [Accessed 17 Feb. 2005]

Humanitarian Law Center [Belgrade]. 28 July 2004. Report: March 2004 – Ethnic Violence in Kosovo. <http://www.hlc.org.yu/english/Ethnic_Minorities/Kosovo/index.php?file=765.html&version=print> [Accessed 23 Feb. 2005]

International Crisis Group (ICG). 24 January 2005. Crisis Group Report No. 161. "Kosovo: Toward Final Status." <http://www.crisisgroup.org/home/index.cfm?l=1&id=3226> [Accessed 9 March 2005]

International Relations and Security Network (IRSN). 26 August 2004. Aleksandar Mitic. "UN Envoy Calls For Policy Reversal in Kosovo." <http://www.globalpolicy.org/security/issues/kosovo1/2004/0826reversal.htm> [Accessed 9 March 2005]

Kosovalive News Agency [Pristina]. 9 April 2004. "Kosovo Assembly Sets Up Committee To Investigate March Riots." (FBIS-EEU-2004-0409 12 Apr. 2004/WNC)

Norwegian Refugee Council (NRC). 30 July 2004. "Action, not Rhetoric, Required by UN in Kosovo." <http://www.nrc.no/pfweb/artikler/eng/kosovo-300704.htm> [Accessed 16 Feb. 2005]

United Kingdom (UK). July 2004. Home Office, Immigration and Nationality Directorate (IND). Serbia and Montenegro (Kosovo) 5/2004 <http://www.ind.homeoffice.gov.uk/ind/en/home/0/country_information/bulletins/serbia_and_montenegro4.html> [Accessed 27 Jan. 2005]

United Nations. 14 February 2005. Security Council. Report of the Secretary-General on the United Nations Interim Administration Mission in Kosovo. (S/2005/88). <http://daccessdds.un.org/doc/UNDOC/GEN/N05/234/34/PDF/N0523434.pdf?OpenElement> [Accessed 25 Feb. 2005]
_____. 24 August 2004. Centre de nouvelles de l'ONU. "Le droit d'asile toujours nécessaire pour les minorities du Kosovo, selon le HCR." <http://www.un.org/apps/newsFr/storyFAr.asp?NewsID=8797&Cr=HCR&Cr1=Kosovo&Kw1=kosovo+&Kw2=asile&Kw3=> [Accessed 1 Feb. 2005]
_____. 11 June 2004. UN News Service. "Kosovo: Norwegian Envoy to Head UN Probe into March Violence." <http://www.un.org/apps/news/storyAr.asp?NewsID=11023&Cr=kosovo&Cr1=&Kw1=Eide&Kw2=&Kw3=#> [Accessed 1 Feb. 2005]

United Nations High Commissioner for Human Rights (UNHCHR). 22 September 2004. Human Rights Field Operation Serbia and Montenegro (& Kosovo). Quarterly Report (Period covered: May – August 2004) <http://www.ohchr.org/english/countries/field/docs/ena-sep04.doc> [Accessed 16 Feb. 2005]

United Nations Interim Mission in Kosovo (UNMIK). 13 January 2005. "Bomb Explosion Kills UN Police Officer in Kosovo." <http://www.unmikonline.org/news.htm#1301> [Accessed 17 Feb. 2005]

Voice of America. 10 January 2005. Keida Kostreci. "VOA English Service." (Dialog)

Additional Sources Consulted

Internet sources, including: Amnesty International (AI), The Balkan Human Rights Web Pages, Comité de liaison pour la solidarité avec l'Europe de l'Est (COLISEE), Le Courrier des Balkans, Institute for War and Peace Reporting, Norwegian Refugee Council, One World Southeast Europe, Radio Free Europe/Radio Liberty (RFE/RL), United Nations Interim Mission in Kosovo (UNMIK), WNC.