A/HRC/13/40/Add.3
F.
Conclusions and recommendations
64.
During her visit, the Special Rapporteur noticed that the scars of the previous
decade’s conflicts remain, even though all communities yearn for sustainable peace
and reconciliation. She is well aware of the painful history of the whole Balkans region
and the deep suffering of individuals and communities caused by violence, atrocities
and wars. The Special Rapporteur notes that, regrettably, racism and religious issues
contributed to the recent conflicts. Indeed, most of her interlocutors emphasized that
religious issues in this region are closely interlinked with ethnicity and historical
experience.
65.
In Kosovo, there have been recent instances of violence and threats directed
against religious communities. At the same time, many of her interlocutors told the
Special Rapporteur that the society has historically been characterized by a culture of
religious tolerance. Yet, as detailed above (see paras. 50-63), there are a number of
serious issues of concern with regard to freedom of religion or belief which need to be
addressed adequately by the various actors.
66.
Consequently, the Special Rapporteur would like to formulate the following
recommendations for the consideration of (a) UNMIK and the international presence
in Kosovo; (b) the Kosovo authorities; (c) the religious communities and their leaders;
and (d) the whole international community.
1.
Recommendations for the consideration of the United Nations Interim Administration
Mission in Kosovo and the international presence in Kosovo
67.
The reconstruction of cultural and religious heritage sites that had been
damaged or destroyed during the violence in March 2004 remains of utmost
importance. The Special Rapporteur welcomes that a year-long stalemate over the
tendering procedures for reconstruction projects was overcome by the parties at a
meeting of the Reconstruction Implementation Commission on 12 May 2009, with the
participation of representatives of the Kosovo Ministry of Culture, Youth and Sport,
the Serbian Orthodox Church, the institutes for the protection of monuments from
Belgrade and Prishtinë/Priština, and UNMIK.
68.
Furthermore, it is vital to continue efforts in order to ensure safe conditions for
the sustainable return of displaced persons, in particular those belonging to religious
minorities. The Special Rapporteur would like to refer to the conclusions of the
Representative of the Secretary-General on the human rights of internally displaced
persons (A/HRC/13/21/Add.1) and she joins his recommendations addressed to the
European Union Rule of Law Mission (EULEX) to pay particular attention to
housing, land and property cases involving displaced parties to prevent miscarriages
of justice.
2.
Recommendations for the consideration of the Kosovo authorities
69.
The Special Rapporteur recommends the relevant authorities to take swift
action and devise creative measures to counter the worrying trend of coercion and
violence in the name of religion or belief. In addition, any advocacy of national, racial
or religious hatred that constitutes incitement to discrimination, hostility or violence
must be vigorously investigated and the perpetrators must be prosecuted in
accordance with international human rights law. In this regard, article 20, paragraph
2, of the International Covenant on Civil and Political Rights is an important tool for
the protection of persons from discrimination, hostility or violence because of their
national, racial or religious identity.
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