Amnesty International on human rights in Serbia and Kosovo 

What is your view of the development of the human-rights situation in Serbia and Kosovo since the end of the war?

Amnesty International has many concerns in the region. Perhaps the most longstanding is the failure in both Serbia and in Kosovo to bring to justice those suspected of war crimes during the conflict in 1999. Amnesty International is particularly concerned at the failure to investigate thousands of cases of "disappearances" of ethnic Albanian and the abductions of Serbia and members of other minority communities, including Roma. The relatives of the missing have the right to know the fate of their family members and the perpetrators in both communities should be brought to justice.

Do you think a possible reopening of negotiations on a Stabilisation and Association Agreement (SAA) with Serbia could help the human-rights situation? Is EU membership an effective “carrot” for Serbia?

Amnesty International notes that continued pressure on the Serbian authorities has in the past resulted in the arrest and transfer of suspects to the Tribunal. In the past year, we have also seen increased cooperation with the Tribunal in the handing over of documents and access to the  former Yugoslav National Army archives. We have also seen prosecutions open against ten persons suspected of aiding and abetting Ratko Mladic to evade arrest. 

Pressure on Croatia from the EU resulted in the arrest of General Ante Gotovina. We hope that pressure will continue to ensure that Ratko Mladic and others indicted by the Tribunal will be arrested so that they may be tried and that justice is seen to be done at both the Tribunal and in Bosnia and Herzegovina.

You have been doing research in Serbia and Kosovo. What is your perception of public opinion in Serbia and Kosovo towards Ahtisaari's plan?

There are diverging opinions, depending on both national, ethnic and individual perspectives. There are those in both Kosovo and Serbia who welcome the agreement, while there are also those who are critical of the document.

What impact do you think the plan might have on the human- rights situation in Serbia and Kosovo, particularly with regard to respective Albanian and Serb minorities? What are the substantial improvements and shortcomings?

While Amnesty International has no position on the final status of Kosovo, the organisation has considered the document with regard to the protection, promotion and fulfilment of the human rights of all persons in Kosovo.

Amnesty International welcomes the statement in the proposal that Kosovo shall  "promote, protect and respect the highest level of internationally recognized human rights and fundamental freedoms", and that such rights will be guaranteed without discrimination. 

The organisation calls on the authorities in Kosovo, and on the ESDP, to ensure that these aspirations are realised, including through the strengthening of existing and new human rights institutions which will ensure the respect and protection of the full range of human rights for all persons in Kosovo,  including economic, social and cultural rights. 

Amnesty International notes with regret that neither the International Covenant on Economic Social and Cultural Rights nor the European Social Charter nor the Council of Europe Convention on Action against Trafficking in Human Beings are currently among the list of international human rights treaties which are to be directly applicable in Kosovo.

Amnesty International welcomes provisions of the proposed settlement which aim to resolve long-standing human rights concerns including to ensure the safe and dignified return of refugees, the prosecution of war crimes and efforts - to be taken in conjunction with Serbia to  resolve the fate of the "disappeared" and missing.

Although measures are included to protect of the rights of minority communities, Amnesty International is concerned that the proposal fails to emphasise the general duty to protect all persons from discrimination. The organisation is also concerned that the rights of the non-Serb minorities (including Turks, Bosniaks, Gorani and Roma), have not yet been adequately addressed, and that further measures remain to be taken to ensure their enjoyment of all rights set out in the document (with respect to - for example - the right to education in their own language).   

Amnesty International urges that the members of the ESDP and other members of the international community present in Kosovo will carry out their functions in a manner that respects and promotes the human rights of all in Kosovo, without discrimination, and establishes a mechanism to ensure their accountability. 

What action would you like to see from the EU’s side to tackle human-rights issues that also concern the Union itself, such as human trafficking?

The EU will be able to play a role in ensuring the protection of human rights in Kosovo through its support of the government in Kosovo to develop institutions which protect and promote human rights, to ensure through the international prosecutors and judiciary who will form part of the mission, that impunity for war crimes, inter-ethnic and other serious crimes are addressed. 

With respect to trafficking, we urge the EU to assist the Kosovo authorities in implementing the Kosovo Action Plan on Trafficking, to ensure the protection of the rights of trafficked persons, including to assistance and other forms of support, in compliance with the Council of Europe Convention on Action against Trafficking in Human Beings.