Page:SECOND ANNUAL REPORT 2001 – 2002.pdf/7

 Since the 2000 elections, the Federal Republic of Yugoslavia has moved towards greater participation in the international human rights regime, accepting ever increasing levels of external monitoring and control. In 2001, it accepted the right of individual petition to the Human Rights Committee, which reviews complaints under the International Covenant on Civil and Political Rights. Within the next year, it will become a member of the Council of Europe and thus, within the foreseeable future, be subject to the jurisdiction of the European Court of Human Rights.

People from Kosovo can gain little, if any, benefit from these or other similar positive developments, as it is the Federal Republic of Yugoslavia that will be bound by these new human rights obligations, and not the United Nations Mission in Kosovo or the local governmental authorities in Kosovo, neither of which can become a party to international human rights instruments or become subject to the external controls of human rights treaty bodies or judicial mechanisms. It is ironic that the United Nations, the self-proclaimed champion of human rights in the world, has by its own actions placed the people of Kosovo under UN control, thereby removing them from the protection of the international human rights regime that formed the justification for UN engagement in Kosovo in the first place.

It is clear that the human rights situation in Kosovo still raises many concerns. A continued failure to address these concerns will have negative implications for the people of Kosovo. This future looks bleak indeed, as Kosovo must prepare itself to be a 'human rights black hole', in Europe and in the world.

During the current reporting period, the Institution established four small field offices serving individuals from the regions of Mitrovice/Mitrovica, Peje/Pec, Prizren, and Gjilan/Gnjilane. The Institution's Prishtine/Pristina-based local lawyers also provided regular services to individuals in municipalities near Prishtine/Pristina.

The Ombudsperson continued to hold regular `Open Days', a practice that was originally introduced in May 2001. These Open Days, which are held every other Thursday at the Prishtine/Pristina headquarters and once a month in five regions (those listed above plus Gjakove/Djakovica), provide an opportunity for members of the public to meet directly with the Ombudsperson in order to discuss their cases or raise other matters of concern. During the fifty-two Open Days that were held during the reporting period, approximately 1000 people met with the Ombudsperson.

UNMIK Regulation 2000/38 guarantees immediate, direct and confidential access of the Ombudsperson to anyone in detention in Kosovo. In spring 2002, UNMIK officials conditioned access of the Ombudsperson to Dubrava Prison on his providing notice of any such visit twenty-four hours in advance. When informed about this unlawful action, the SRSG