Kosovo Authorities Place Roma in Poisonous Area

30 November 2004

On November 26, 2004, the European Roma Rights Center (ERRC) sent a letter to Mr Pascale Moreau, Head of UNHCR Kosovo, Mr Bob Cruz, Head of UNMIK Administration in Mitrovica/MitrovicĂ«, and Mr Dragiša Miloviæ, President of the Zveèan/Zveçan Municipal Assembly, expressing concern at the apparent unwillingness of their respective offices to move 112 Romani families living in camps for Internally Displaced Persons who were found to have high levels of lead in their bloodstreams to safe living areas. In its letter, the ERRC demanded that the UNHCR, UNMIK and Zveèan/Zveçan municipal authorities take immediate actions to move the Romani families to safe living areas and arrange for the provision of all necessary medical treatment for all affected persons. The full text of the November 26 ERRC letter follows:

Honourable Mr Moreau, Mr Cruz and Mr Miloviæ,

The European Roma Right Center (ERRC), an international public interest law organisation which monitors the human right situation of Roma and provides legal defence in cases of human rights abuse, is deeply concerned by reports of the UNHCR, UNMIK and the responsible Zveèan/Zveçan municipal authorities' unwillingness to move one hundred and twelve Romani families living in camps for Internally Displaced Persons (IDPs) in Mitrovica/MitrovicĂ« (North Mitrovica Romani camp) and Zveèan/Zveçan (Zitkovac Romani camp), who were earlier this year found to have high blood lead levels (BLLs) by the World Health Organisation (WHO).

According to information provided to the ERRC by Mr Paul Polansky of the Kosovo Roma Refugee Foundation (KRRF), the UNHCR built the IDP camps in question in 1999 very near a toxic waste site, despite the protests of Mr Polansky, who was at the time an advisor to the UNHCR on Romani issues. WHO documentation dated July 11, 2004, on file with the ERRC, reveals extremely harmful BLLs in Romani residents of the North Mitrovica and Zitkovac IDP camps. The US Center for Disease Control recommends that special attention be given to BLLs higher than 10 g/dl. WHO testing of 18 Romani persons indicates that all have BLLs above 10 g/dl, six of whom tested between 45 and 64.99 g/dl BLL and six of whom tested above 65 g/dl BLL. The BLLs are reportedly highest among young children, with twelve children between the ages of 2 and 3 years of age old experiencing such high BLLs that they require anti-convulsive medication.

The Agency for Toxic Substances and Disease Registry, an agency of the US Department of Health and Human Services, reports that the "main target for lead toxicity is the nervous system, both in adults and in children. Long-term exposure of adults to lead at work has resulted in decreased performance in some tests that measure functions of the nervous system. […] At high levels of exposure, lead can severely damage the brain and kidneys in adults or children. In pregnant women, high levels of exposure to lead may cause miscarriage. High-level exposure in men can damage the organs responsible for sperm production."

According to US Environmental Protection Agency, "The main treatment for lead-poisoning is to stop the exposure. Removing the lead from a person's environment helps to ensure a decline in blood-lead levels. The longer a person is exposed to lead, the greater the likelihood that damage to the person's health will result." Mr Polansky has informed the ERRC that despite his urging, the UNHCR has refused to remove the affected Romani IDPs, and particularly children and pregnant women, from the camps in the absence of a permanent solution. The ERRC has seen correspondence indicating that the UNHCR regards municipal authorities as responsible for the camps. The WHO also recommended in July 2004 that children and pregnant women be moved from the area until confirmation of the routes of exposure were identified, that municipal authorities end all smelting activities in the camps, and that fresh water be provided in the camps. The ERRC is alarmed at the evident unwillingness on the part of the UNHCR and municipal authorities to take emergency steps in line with the recommendations of the WHO or to remove the displaced Romani families from the camps they established and which are now causing serious harms and threats of further extreme harms to the health of residents.

Honourable Mr Moreau, Mr Cruz and Mr Miloviæ, Article 12(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Serbia and Montenegro succeded in 1992, guarantees "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health." The Committee on Economic, Social and Cultural Rights (CESCR), which monitors compliance with the ICESCR, has interpretted the right to health "as an inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe and potable water and adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions [...]." The ERRC notes that the European Court of Human Rights has found states in violation of a number of provisions of the European Convention on Human Rights (ECHR) including Article 2 (right to life) and Article 8 (right to private and family life) in cases in which authorities have been alerted to environmental hazards to individuals and have failed to act adequately, appropriately or with all due speed proportionate to the threatened harm. These issues may also implicate ECHR Article 3 (ban on cruel and inhuman or degrading treatment or punishment) as well as Article 14 (ban on discrimination) and Article 13 (right to an effective remedy).

Honourable Mr Moreau, Mr Cruz and Mr Miloviæ, the ERRC is deeply concerned that, despite being aware of the extreme health concerns posed by the location of the camps, UNHCR, UNMIK and local government officials have failed to take actions to ensure the safety of the affected families. The ERRC demands that the UNHCR, UNMIK and Zveèan/Zveçan municipal authorities take immediate actions to move the Romani families from the IDP camps to a safe and adequate living area. The ERRC further demands that the UNHCR, UNMIK and the responsible Zveèan/Zveçan municipal authorities arrange for the provision of all necessary medical treatment for all affected persons. We request to be informed of all actions taken by the UNHCR, UNMIK and Zveèan/Zveçan municipal authorities with respect to these issues. Failure to take concrete measures will prompt the ERRC to consider, where appropriate, legal action against all responsible persons or other relevant measures. We would welcome the opportunity to discuss this most serious matter with you further.

Sincerely,

Dimitrina Petrova
Executive Director

Persons wishing to express similar concerns are urged to contact:

Mr Pascale Moreau, Head of UNHCR Kosovo
UNHCR Kosovo
Rr.e Kragujevcit 8
38000 Pristina/Prishtinë, Kosovo
Fax: +381-38-501-516

Mr Bob Cruz
Head of UNMIK Administration in Mitrovica/Mitrovicë
Fax: +381-38-504-604 Ext 7442

Mr Dragiša Miloviæ, President
Zveèan/Zveçan Municipal Assembly
Fax: +381-28-664-728

Mr Ruud Lubbers, High Commissioner for Refugees
United Nations High Commissioner for Refugees
Case Postale 2500
CH-1211 Genève 2 DépĂ´t
Switzerland
Fax: +41-22-739-7377

Mr Søren Jessen-Petersen
Special Representative to the Secretary General and Head of the UNMIK
UNMIK, Office of the SRSG
P.O. Box 999
Pristina/Prishtinë, Kosovo
Fax: +381-38-504-604 Ext. 5406

Mr Marek Nowicki, Ombudsperson
Ombudsperson Institution in Kosovo
Str. Agim Ramadani n.n.
Pristina/Prishtinë, Kosovo
Fax: + 381-38-545-302

Ms Laurie Wiseberg, Minority Returns Advisor
UNMIK, Office of Returns and Communities
MHQ Room 214A
Pristina/Prishtinë, Kosovo
Fax: +381-38-504-604 Ext. 5592