Serbia: IDPs still seeking housing solutions and documentation to access their rights

Download pdf version (183 kb)
^{31 December 2008}

In 2008 Kosovo declared independence from Serbia. The UN General Assembly subsequently voted to refer the independence declaration to the International Court of Justice for an advisory opinion. At the end of the year, 53 countries had recognised Kosovo.

In 1999, bombardments by NATO forces and attacks by Kosovo Albanians, in response to attacks and arbitrary executions perpetrated by Kosovo Serb paramilitary groups and the Yugoslav army, forced Kosovo Serbs and Roma people to flee into Serbia proper or within Kosovo. In 2008, there were still around 225,000 IDPs in Serbia, including an estimated 20,000 displaced Roma. An additional 20,000 were displaced in Kosovo, mainly in majority-Serb enclaves.

Kosovo’s declaration of independence in February 2008 created a new situation of uncertainty for displaced Serbs in Serbia proper and within Kosovo. Despite the non-recognition of independence by Serbia, the situation in Kosovo remained calm, with no major incidents directed at minority communities and no further displacement.

While new displacement was avoided, the rate of return decreased significantly in 2008 from an already low level, as most IDPs waited to evaluate the approach of Kosovo authorities towards Kosovo Serbs and other non-Albanian communities. Prospects for durable solutions are limited. The political, security and economic situation is not conducive to return. Many IDPs also face difficulties in repossessing their property or obtaining legal documentation. Those who already returned to Kosovo struggle to find livelihood opportunities, notably because of widespread discrimination against Serbs and Roma. The Serbian government’s position on local integration has evolved, and it has implemented projects supporting the development of social housing for IDPs in recent years, notably in favour of the 5,000 or so people still accommodated in collective centres.

Local integration opportunities for Kosovo Serb IDPs are scarce since they live in complete isolation from Kosovo institutions. Most of them reside in enclaves relying on a parallel system of education, policing, and health care supported by Serbia. Security concerns have prevented them from returning to their repossessed property. Because of their limited freedom of movement and the discrimination they have faced, IDPs’ access to land and employment has been very limited.

The most vulnerable IDPs are Roma people in both Serbia and Kosovo, who have specific protection needs because of their social marginalisation and lack of civil documentation, which prevents them from registering as IDPs and limits their access to housing asistance and other social benefits. As a result many were enduring extreme poverty and poor health in informal settlements without electricity, water or connection to the sewage system.

The lack of agreement over Kosovo’s independence has complicated both national and international responses. The Serbian government has decided to stop its cooperation with the Kosovo Property Agency, the body responsible for processing restitution claims, which will limit further IDPs’ hopes of durable solutions. Soon after independence, Serbia took control of Northern Kosovo, leading to a de facto partition of Kosovo. International organisations willing to operate in Northern Kosovo therefore need authorisation from Serbia. In Kosovo, independence seriously limited UNMIK’s role and capacity to operate. EULEX (the EU mission focusing on rule of law) has replaced UNMIK on the rule of law, while OSCE is set to increase its human rights monitoring activities. In addition, UNHCR and UNDP focus respectively on protection and return activities.

The Kosovo authorities have given positive signals by initiating in 2008 a $7.6m project to facilitate return and reintegration of IDPs in cooperation with the European Commission and the UNDP office in Kosovo. But the success of such projects requires that the Kosovo authorities engage strongly and consistently with Kosovo Serbs and other minority communities to prevent further displacement and increase their confidence in the institutions of the new state.

Any improvement in the situation of Serbia’s and Kosovo’s IDPs requires the establishment of constructive dialogue between the two authorities, without necessarily implying political recognition. For instance, mutual acceptance of documents such as diplomas, driving licences or birth and death certificates would facilitate IDPs’ access to pension and property rights and improve their daily lives.

Serbia / Kosovo: Protests against return of IDPs to north Kosovo}}}

Serbs and EU police forces clashed during a protest in Mitrovica against the return of ethnic Albanians to Kosovo’s north. At the centre of the tensions is the rebuilding of houses belonging to ethnic Albanians who fled during the 1999 war, in a town still highly polarised around the two communities. The protesters allegedly declared that the tensions will cease only if Serbs are allowed to go back to the Albanian-run south. The EU law-enforcement mission has condemned the violence and called for the rioters to be brought to justice as soon as possible. Kosovo declared independence from Serbia in February 2008.

NOTE: In 2008 Kosovo declared independence from Serbia. The United Nations General Assembly subsequently voted to refer the independence declaration to the International Court of Justice for an advisory opinion. As of December 2009, 64 countries had recognised Kosovo. For the purpose of this overview references to the situation in “Serbia” since 2008 do not include Kosovo.

In 1999, over 245,000 members of local minorities fled from or within Kosovo in fear of reprisals from the majority Albanian population after NATO air strikes forced the withdrawal of Yugoslav troops and ended years of oppression of ethnic Albanians. Kosovo’s declaration of independence in February 2008 created new uncertainty for those still displaced, but there have been no major incidents targeting minority communities and no further displacement. Serbia has not recognised the independence of Kosovo, continuing to regard it as a United Nations-governed entity within its sovereign territory. (...)

Download full Overview (322 kb)
^{29 December 2009}