UNHCR Finds
16 December 2004
In August 2004, the UNHCR issued its Position on the Continued International Protection Needs of Individuals from Kosovo (hereafter "Position"), following renewed violence as a result of ethnic tensions in March 2004. In its Position, the UNHCR noted, "Kosovo Serbs and Roma are particularly vulnerable in terms of their security, but Ashkaelia and Egyptians also continue to face very serious security threats" and reiterated that members of all four ethnic groups should benefit from international protection in their countries of asylum. The UNHCR stated that, "the fragile position of [Roma, Ashkaelia and Egyptian] communities was clearly evidenced by the fact that even in locations where minority returns have taken place with the involvement of the majority population, security incidents still occurred before March 2004." The UNHCR stressed that, regardless of ethnicity, claims of fear of persecution should be carefully considered in the determination of individual persons need for international protection. It also stated, "It is paramount that the safe, dignified and sustainable return of members of the Serb, Roma, Ashkaelia, Egyptian and Kosovo Albanians in a minority situation as described in this paper takes place on a strictly voluntary basis and in a coordinated and very gradual manner, supported with re-integration assistance."
Earlier, in June 2003, the UNHCR published its Update on the Kosovo Roma, Ashkaelia, Egyptian, Serb, Bosniak, Gorani and Albanian communities in a minority situation, in which it stated, "the conditions in Kosovo are not yet conducive for the return of ethnic minorities." The UNHCR stated that following the violent clashes in March 2004, "inter-ethnic relations in Kosovo remain tense, and further violence is possible." It stressed that freedom of movement has been severely restricted since March 2004, which in turn is affecting the economic situation of members of ethnic minorities.
In response to increasing calls by Western European governments currently hosting Roma, Ashkaelia and Egyptian refugees and displaced persons to repatriate said persons to locations in Serbia and Montenegro outside Kosovo, the UNHCR issues a statement entitled The Possibility of Applying the Internal Flight or Relocation Alternative within Serbia and Montenegro to certain Persons Originating from Kosovo and Belonging to Ethnic Minorities There in August 2004. In its statement, the UNHCR found,
"the implementation of the internal flight or relocation alternative to these minorities would not necessarily, depending on the individual circumstances, be either relevant or reasonable. One of the key considerations is the legal status of those displaced which serves as an obstacle to their accessing basic rights and services. Given this as well as the already over-stretched absorption capacity in a country already hosting over 220,000 IDPs, forced return is likely to lead to further internal displacement rather than a durable solution. Moreover, the application of internal flight or relocation alternative can appear to condone ethnic cleansing and thus contradict the spirit of Security Council Resolution 1244 of 10 June 1999 which emphasises the safe and unimpeded return of all refugees and displaced persons to their homes."
