FROM THE MEDIA

 March 29 , 2004

MAREK NOWICKI FOR "POLITIKA"

Another in a series of ethnic cleansings

Property must be returned and damages compensated to displaced Serbs,
starting from 1999, believes the ombudsman for Kosovo

By Stana Ristic

"I am convinced that the March violence was an attempt to ethnically cleanse the Serbs carried out throughout Kosovo. The most important thing is that the violence has been stopped, while further development of the situation will depend whether there will be changes in the views of the Albanians, as well as in the policies of the international administration. Now is the time to make it known that Serbs must be provided with conditions to survive in Kosovo," said Marek Antoni Nowicki, the ombudsman for Kosovo, in an interview for "Politika".

The ombudsman's office (people's counsel) was introduced in Kosovo in the year 2000. Marek Antoni Nowicki says that during his four year stay in Kosovo and Metohija, he has visited almost every single settlement, whether Serb, Albanian, Roma or Ashkali... He has met people and learned about their problems. Any person, according to Nowicki, regardless of ethnic origin, sex or social status, can file a complaint with the ombudsman's office against the administration (UNMIK) or provisional organs of self-government in Kosovo if convinced that his or her human rights have been violated.

Regardless of the present difficult situation, the ombudsman's office will continue to make efforts to contribute to the building of democratic institutions and the stabilization of conditions in Kosovo and Metohija.

What is the role of the ombudsman in circumstances such as these?

"The ombudsman's office is an institution concerned with the protection of basic human rights and it will do everything within its power to ensure that everyone who participated in ethnic cleansing will be brought to justice. Everyone who suffered damages must receive adequate compensation. Their properties must be restored and the damages on them must be repaired. At this point in time, I must emphasize that it is not enough to solve just those problems created by the recent violent attacks but that an appropriate response is also required to all instances of ethnic cleansing and violence perpetrated before and after 1999. This is especially important with respect to the period after 1999 when violent behavior and violations of basic human rights occurred at a time when KFOR and UNMIK were responsible for security and protection," says Marek Antoni Nowicki.

Violent hell

What was your first reaction on March 17, 2004?

"When I returned to Pristina from Paris, where I was attending a seminar on human rights I was surprised by the violence that occurred during those days throughout Kosovo. In all honesty, such incidents might have occurred at any time but they began on March 17. At first, no one knew in which direction things might unfold and what the consequences might be. When asked by reporters, at that point in time I could not give a definite answer to the question what was happening."

What was said at the seminar?

"During this seminar I expressed a great deal of support for concrete information regarding the alarming situation in Kosovo, especially regarding the situation of the Serb minority, which had been presented at the seminar by the Kosovo government repatriation coordinator, Milorad Todorovic."

What did you say in Paris?

"My presentation was to a large degree concerned with ways of strengthening mechanisms for the defense of human rights in Kosovo and ways of strengthening the ombudsman's office as a key organ in this domain. It is very important to emphasize that the seminar in Paris took place only a day prior to the escalation of violence against Serbs in Kosovo."

Did anyone express his concern?

"Concern was expressed regarding the human rights situation in Kosovo but no one expected it to be possible for such an explosion of violence to occur in just one day."

(Im-)possible repeat

Does UNMIK respect "the people's counsel"?

"Prior to the events from 17 to 20 March 2004 cooperation between the international administration and the Kosovo government, on the one hand, with the ombudsman was not what it should have been. It is necessary to enhance that cooperation in order to show everyone, especially the Serb minority, that serious attempts are being made to ensure protection of their basic human rights. The ombudsman's office must be respected because it is the independent public institution with jurisdiction in this field."

The situation in Kosovo has calmed down. Is it just the calm before the storm?

"It is hard to say at this point in time because the further development of events will depend on how quickly and in what manner appropriate organs will react and how much they have learned about the situation from previous events. One thing is clear: a lot of things need to change, both on the part of the international mission here as well as on the part of local Kosovo leaders, the local government and, most of all, the Albanian community. I would sincerely welcome every positive development in human thinking induced by this recent experience in support of basic principles of European human rights, tolerance and magnanimity".

Should we expect a new escalation of violence?

"Only a change in behavior and views on the part of the main actors in Kosovo can result in a chance to avoid further escalations and a deterioration of the situation in the future. At the same time, I am not certain there is enough time left for the realization of these changes."

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Freedom and responsibility

Commenting on the recent arrest of journalists of some Belgrade media in Kosovo during the time of the violence, Marek Nowicki said that "journalists in such situations must have freedom of movement and freedom of access to information". However, he added, journalists must also keep in mind their own duties and responsibilities, especially during a time of crisis. Every irresponsible word written by a journalist can have unforeseeable consequences "like throwing a burning match into a haystack". Every responsible journalist must always bear this in mind.

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