Situation of Human Rights in Kosovo, G.A. res. 50/190, U.N. Doc. A/RES/50/190 (1995)



                  
 
      The General Assembly,
 
      Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights, the International Covenants on Human Rights, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Prevention and Punishment of the Crime
of Genocide and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
 
      Welcoming the General Framework Agreement for Peace in Bosnia and
Herzegovina reached on 21 November 1995 at Dayton, Ohio, and hoping that it
will have a positive impact also on the human rights situation in Kosovo,
 
      Recalling its resolution 49/204 of 23 December 1994 and other relevant
resolutions,
 
      Taking note of Commission on Human Rights resolution 1995/89 of 8 March
1995 and recalling previous Commission resolutions 1992/S-1/1 of 14 August
1992, 1992/S-2/1 of 1 December 1992, 1993/7 of 23 February 1993 and 1994/76 of
9 March 1994,
 
      Taking note also of the reports of the Special Rapporteurs of the
Commission on Human Rights on the situation of human rights in the territory
of the former Yugoslavia, in which they describe the situation in Kosovo, the
various discriminatory measures taken in the legislative, administrative and
judicial areas, acts of violence and arbitrary arrests perpetrated against
ethnic Albanians in Kosovo and the continuing deterioration of the human
rights situation in Kosovo, including:
 
      (a)   Police brutality against ethnic Albanians, the killing of ethnic
Albanians resulting from such violence, arbitrary searches, seizures and
arrests, forced evictions, torture and ill-treatment of detainees and
discrimination in the administration of justice, including the recent trials
of ethnic Albanian former policemen;
 
      (b)   Discriminatory and arbitrary dismissals of ethnic Albanian civil
servants, notably from the ranks of the police and the judiciary, mass
dismissals of ethnic Albanians, confiscation and expropriation of their
properties, discrimination against ethnic Albanian pupils and teachers, the
closing of Albanian-language secondary schools and the university, as well as
the closing of all Albanian cultural and scientific institutions;
 
      (c)   The harassment and persecution of political parties and
associations of ethnic Albanians and their leaders and activities, their
maltreatment and imprisonment;
 
      (d)   The intimidation and imprisonment of ethnic Albanian journalists
and the systematic harassment and disruption of the news media in the Albanian
language;
 
      (e)   The dismissals from clinics and hospitals of doctors and members
of other categories of the medical profession of Albanian origin;
 
      (f)   The elimination in practice of the Albanian language, particularly
in public administration and services;
 
      (g)   The serious and massive occurrence of discriminatory and
repressive practices aimed at ethnic Albanians in Kosovo, as a whole,
resulting in widespread involuntary migration; and noting that the
Subcommission on Prevention of Discrimination and Protection of Minorities, in
its resolutions 1993/9 of 20 August 1993 and 1995/10 of 18 August 1995,
considered that those measures and practices constituted a form of ethnic
cleansing,
 
      Concerned at any attempt to use Serb refugees and other means to alter
the ethnic balance in Kosovo, thus further suppressing the enjoyment of human
rights there, and, in this context, noting with concern the new citizenship
law awaiting approval by the Parliament of the Federal Republic of Yugoslavia
(Serbia and Montenegro),
 
      Reaffirming that the long-term mission of the Organization for Security
and Cooperation in Europe to Kosovo played a positive role in monitoring the
human rights situation and in preventing an escalation of conflict there, and
recalling in this context Security Council resolution 855 (1993) of 9 August
1993,
 
      Considering that the re-establishment of the international presence in
Kosovo to monitor and investigate the situation of human rights is of great
importance in preventing the situation in Kosovo from deteriorating into
violent conflict, and, in this context, taking note of the report of the
Secretary-General submitted pursuant to General Assembly resolution 49/204,
 
      1.    Strongly condemns the measures and practices of discrimination and
the violations of the human rights of ethnic Albanians in Kosovo committed by
the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro);
 
      2.    Condemns the large-scale repression by the police and military of
the Federal Republic of Yugoslavia (Serbia and Montenegro) against the
defenceless ethnic Albanian population and the discrimination against the
ethnic Albanians in the administrative and judiciary branches of government,
education, health care and employment, aimed at forcing ethnic Albanians to
leave;
 
      3.    Urgently demands that the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro):
 
      (a)   Take all necessary measures to bring to an immediate end all human
rights violations against ethnic Albanians in Kosovo, including, in
particular, the discriminatory measures and practices, arbitrary searches and
detention, the violation of the right to a fair trial and the practice of
torture and other cruel, inhuman or degrading treatment, and to revoke all
discriminatory legislation, in particular that which has entered into force
since 1989;
 
      (b)   Release all political prisoners and cease the persecution of
political leaders and members of local human rights organizations;
 
      (c)   Allow the establishment of genuine democratic institutions in
Kosovo, including the parliament and the judiciary, and respect the will of
its inhabitants as the best means of preventing the escalation of the conflict
there;
 
      (d)   Abrogate the official settlement policy as far as it is conducive
to the heightening of ethnic tensions in Kosovo;
 
      (e)   Reopen the cultural and scientific institutions of the ethnic
Albanians;
 
      (f)   Pursue dialogue with the representatives of ethnic Albanians in
Kosovo, including under the auspices of the International Conference on the
Former Yugoslavia;
 
      4.    Demands once again that the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro) cooperate fully and immediately with the
Special Rapporteur of the Commission on Human Rights on the situation of human
rights in the territory of the former Yugoslavia in the discharge of her
functions, as requested by the Commission in its resolution 1994/76 and in
other relevant resolutions;
 
      5.    Encourages the Secretary-General to pursue his humanitarian
efforts in the former Yugoslavia, in liaison with the Office of the United
Nations High Commissioner for Refugees, the United Nations Children's Fund and
other appropriate humanitarian organizations, with a view to taking urgent
practical steps to tackle the critical needs of the people in Kosovo,
especially of the most vulnerable groups affected by the conflict, and to
assist in the voluntary return of displaced persons to their homes;
 
      6.    Urges the authorities of the Federal Republic of Yugoslavia
(Serbia and Montenegro) to allow the immediate unconditional return of the
long-term mission of the Organization for Security and Cooperation in Europe
to Kosovo, called for in Security Council resolution 855 (1993);
 
      7.    Welcomes the report of the Secretary-General submitted pursuant to
General Assembly resolution 49/204;
 
      8.    Requests the Secretary-General to continue to seek ways and means,
including through consultations with the United Nations High Commissioner for
Human Rights and relevant regional organizations, to establish an adequate
international monitoring presence in Kosovo and to report thereon to the
General Assembly at its fifty-first session;
 
      9.    Emphasizes the importance of laws and regulations concerning
citizenship applied by the authorities of the Federal Republic of Yugoslavia
(Serbia and Montenegro) being in accordance with the standards and principles
of non- discrimination, equal protection before the law and the reduction and
avoidance of statelessness, as set out in the relevant international human
rights instruments;
 
      10.   Calls upon the Special Rapporteur to continue to monitor closely
the situation of human rights in Kosovo and to continue to pay due attention
to this matter in her reporting;
 
      11.   Decides to continue examination of the human rights situation in
Kosovo at its fifty-first session under the item entitled "Human rights
questions".
      

 

 



Home || Treaties || Search || Links