Minority Rights Protection and Human Rights Policies in ... - IFSH

The monitoring is concentrated on five different issues. First, the OSCE staff is concerned
with the language policy. The two official languages in Kosovo are Albanian and Serbian.
English is considered a third additional official language. The focus of OSCE monitoring
teams is the observation of the proper use of languages, especially in areas where minorities
are concerned. They monitor, for example, whether languages are equally used on street signs
and in other public announcements to prohibit discrimination by language.
The second issue is property rights. This is a very controversial issue, as many refugees do not
have access to their land and lack official papers that clarify
their property rights. A lot of violence and bloodshed stems
from property conflicts in Kosovo.
Other important monitoring issues are the development of
infrastructure and the observation of equalitiy in health
care, education and civil services. Both areas are highly
vulnerable to corruption and characterized by little
transparency.
The fifth monitoring issue is the protection of minority
rights. This issue includes all of the above with a special
focus on minorities. It additionaly concentrates on the
promotion of the return of refugees and the maintenance of cultural heritage.
Engelmann described the working mode of the monitoring groups as proactive monitoring.
This is characterized by observation and soft intervention. The monitoring groups are
supposed to work closely together with the municipality and intervene only with soft
measures like recommendations or public reports. A small amount of money is used for
quick-impact projects in capacity-building, training and human rights. Harder interventions
are only possible through cooperation with UNMIK, which exhibit the executive powers to
react to problematic reports of the monitoring teams. As an example,
Engelmann described the possibility of OSCE teams registering
interethnic property sales. UNMIK could react by refusing to sign
these papers of property sale if minorities are threatened through the
sales.
The OSCE mandate does not give any executive rights to the
monitoring teams, providing limitations as well as possiblities.
Engelmann explained that local ownership and sustainable
development are the key elements of their mission. He admitted that
the lack of executive power is sometimes rather frustrating, as there
could be quicker solutions achieved if pressure would be a possible measure; yet he stressed
that the process of change has to grow from within the society. He stated that capacitybuilding
and networking between NGOs and other institutions are the main possibilities for
the OSCE to support improvement in Kosovo’s human rights situation.
In the discussion the question was raised whether Engelmann could identifiy any progress
through the work of the OSCE in Kosovo. He replied that in 1999 the concept of human rights
in Kosovo was completely unknown and that, in comparison, it is now familiar to most of the
administration. In his opinion, progress will increase faster when competencies are handed
over to the local administrations as local ownership will grow even further. The OSCE will
nevertheless remain in Kosovo after the status decision and go on with their monitoring
process.
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