HRW '%s' report on Kosovo cites border issues, the Special Court, EULEX threatening journalists

Human Rights Watch, the nongovernmental American organisation with international activity in protecting human rights, released the global report Thursday (17.01) for 90 countries. Kosovo has made slow progress.

The Human Rights Organisation's report, HRW, is published from 1989, but this year the focus has been on “aucrats and populists with authoritarian tendencies and increased resistance against these politicians”, Wenzel Milchalski, director of HRW for Germany, said.

Last year autocrats and rights offenders came to the surface, but they were resisted by human rights advocates, where they did not expect. Kenneth Roth, director of the organization HRW, however, is pessimistic. “Autocratic resistance is not always successful in the short term, which means we have some dark time for human rights”.

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Progress in improving human rights in Kosovo has been slow, the HRW report says. The plan for shifting borders between Serbia and Kosovo increased concerns about the consequences it may have on the human rights of the population that is supposed to be transferred.

For war crimes: The Special Court's activity to try war crimes during 1998 and 1999 was postponed due to the special prosecutor's change. The court will operate under Kosovo's laws and 19 international judges, and will handle cases of several KLA members suspected of kidnapping, beating and removing organs in Kosovo and Albania during the Kosovo war. In August, the special prosecutor accused a former Serb police officer of killing two Albanian civilians in 1998. In July, the Appeals Court in Kosovo upheld the sentence of Darko Tusic, the former Greater Krusha war crimes reserve.

The report numbers EULEX reduction and the transfer of 900 unresolved cases to the special local prosecutor's office. Independent Human Rights Review Organization Panel, addressed six complaints of human rights violations by EULEX, and called them unacceptable. No progress has been made for meeting the recommendations made in 2016 by Human Rughts Advisory Panel for compensation to victims poisoned in UNMIK camps.

Addressing Roma, Ashkali and Egyptian minorities continues to face problems with providing personal documents, access to health care, social assistance and education. There is no visible progress in the integration of these communities, the HRW report says.

Women's rights: Family violence has remained widespread in Kosovo, where police act a little against it, where there are few sentences, and judges are reluctant to condemn abusive mates. In January eight out of nine shelters for victims of violence were closed due to budgetary delays, but re-opened with emergency budgets. But shelters still have funding problems. In February, authorities officially opened the process of applying for granting legal status to sexually violent survivors during the war.

Sexual orientation and gender identity: The hate speech against members of the LGBT community and activists has continued online, especially at the time of the Pade Kosovo organisation in October. In May, authorities refused to demand a transgjian man to change his name and gender. The demand for gender recognition was the first case of its kind in Kosovo. Kosovo's visit took place without incident in October.

Press freedom: Journalists face threats and intimidation, and the conviction of crimes against journalists has been low. Between January and September there have been 13 cases of violence against journalists, including physical violence, a case of destruction of property, a death threat and ten other threats.

HRW report also mentions Serbia's little improvement

For Serbia, the report says there has been little improvement in human rights protection in 2018. The condemnation of war crimes in domestic courts has had little progress because there has been little political support. The asylum system is disabled. The situation for journalists is uncertain because of attacks, threats and penalties for reporting sensitive issues.

Asylum seekers and migrants: In the first seven months of 2018 in Serbia, 4715 people have sought asylum with the largest group of Pakistanis, followed by Afghans and Iranians. Over 2,000 people were immigrants. All of them are located at 18 centres set up by Serbia. Serbia has adopted the law on asylum and temporary protection with the aim of complying with international laws. Very few have received asylum in Serbia. The system has many shortcomings in providing adequate conditions for unaccompanied children and minorities.

There has been little improvement, the HRW report says, for finding long-term solutions for refugees and people displaced by the Balkan wars, living in Serbia. Serbia has 26,702 refugees mainly from Croatia, and 199,584 displaced persons mainly from Kosovo.

For press freedom, the report says 50 incidents of violence, threats and intimidation of journalists have been recorded, including four cases of physical violence and 18 cases of fear of state bodies. The Commission for Investigation into the Murder of Three Journalists, Dada Vujasinovic in 1994, Slavko Curuvija in 1999 and Milan Pantic in 2001 did not succeed. Cases remain unresolved. The commission's mandate has expanded, including the killings of journalists in Kosovo from 1998 to 2001 and Bosnia and Herzegovina from 1991 to 1995.

The condemnation of war crimes continues to be contained due to lack of political will, adequate resources and weak mechanisms for witness protection. Five high ranking officials involved in serious war crimes have had process by Serbian courts. 11 war crimes have been under way by August 2018, and 19 others are under way in Serbian courts. The Serbian war crimes prosecutor's office has had two new charges. In the first eight months of 2019, the court's first instigation has handed no war crimes sentences. The Court of Appeals has released six people and turned a case into the first instance. Since the opening of the Prosecutor's Office for War Crimes in 2003, a total of 44 pending decisions have been issued, 74 people have been convicted and 50 others released.