Minority Rights Protection and Human Rights Policies in ... - IFSH
Minority Rights Protection and Human Rights Policies in ... - IFSH
Minority Rights Protection and Human Rights Policies in ... - IFSH
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Julie Chadbourne, International Hels<strong>in</strong>ki Committee <strong>and</strong> Norwegian Hels<strong>in</strong>ki Committee<br />
Julie Chadbourne worked for <strong>Human</strong> <strong>Rights</strong> Watch<br />
before jo<strong>in</strong><strong>in</strong>g the International Hels<strong>in</strong>ki Committee <strong>and</strong><br />
the Norwegian Hels<strong>in</strong>ki Committee. She expla<strong>in</strong>ed that<br />
by work<strong>in</strong>g for these two different organizations, she<br />
ga<strong>in</strong>ed access to two totally different perspectives.<br />
Work<strong>in</strong>g for <strong>Human</strong> <strong>Rights</strong> Watch meant tak<strong>in</strong>g an<br />
observatory <strong>and</strong> evaluative role <strong>and</strong> consequently an<br />
outside perspective, while she is now ma<strong>in</strong>ly concerned<br />
with capacity-build<strong>in</strong>g, which she describes as an <strong>in</strong>side<br />
perspective as she is tak<strong>in</strong>g part <strong>in</strong> the process. In her<br />
presentation, she focused ma<strong>in</strong>ly on her work with <strong>Human</strong> <strong>Rights</strong> Watch <strong>and</strong> the results of a<br />
study she conducted concern<strong>in</strong>g the riots <strong>in</strong> March 2004.<br />
She expla<strong>in</strong>ed that, consider<strong>in</strong>g the new structures established by UNMIK, the riots of March<br />
2004 should have been taken care of with<strong>in</strong> a rule-of-law system. The aim of her study was to<br />
<strong>in</strong>vestigate <strong>in</strong> how far that was the case.<br />
She extracted three ma<strong>in</strong> results from her research data.<br />
First she stated a lack of oversight. It took her several weeks to<br />
get an overview about the cases. Closely connected to this<br />
deplorable state of affairs was her second result: collaboration<br />
with<strong>in</strong> the judicial system did not function very well. The<br />
different <strong>in</strong>ternational <strong>and</strong> local <strong>in</strong>stitutions sent her on wild<br />
goose chases, as none felt responsible for the overall<br />
adm<strong>in</strong>istration of the cases of March 2004. Chadbourne concluded that the lack of<br />
communication between the different courts blocked a proper case management track<strong>in</strong>g<br />
system.<br />
F<strong>in</strong>ally, she claimed a lack of transparency <strong>and</strong> <strong>in</strong>formation access for the people concerned.<br />
Many of these people, who became victims of the violence <strong>and</strong> live <strong>in</strong> marg<strong>in</strong>alized areas,<br />
have never been <strong>in</strong>terviewed. Neither were they accurately <strong>in</strong>formed about their rights or even<br />
about the improvement of the justice system <strong>and</strong> the rule of law.<br />
Summ<strong>in</strong>g up, Chadbourne extracts rather negative results of the management of the riot cases.<br />
Also she claims that an improvement with<strong>in</strong> the <strong>in</strong>stitutional structure through an <strong>in</strong>creas<strong>in</strong>g<br />
transfer of ownership becomes a politcal question, as it suggests a ga<strong>in</strong> of further<br />
<strong>in</strong>dependence for Kosovar <strong>in</strong>stitutions. Thereby a reform<strong>in</strong>g process has additional obstacles<br />
on a political level. In her op<strong>in</strong>ion, the development of a function<strong>in</strong>g judicial system <strong>in</strong><br />
Kosovo does not have to be a political question, but it has turned <strong>in</strong>to one.<br />
Naim Maloku, Member of the Presidency, Kosovo<br />
assembly<br />
Naim Maloku gave a brief <strong>in</strong>troduction of the<br />
measures <strong>and</strong> structures <strong>in</strong> the Kosovo Assembly to<br />
ensure m<strong>in</strong>ority rights.<br />
M<strong>in</strong>orities <strong>in</strong> Kosovo have different possibilities to<br />
<strong>in</strong>fluence politics. One is through their vote, another<br />
through the provisions <strong>in</strong> the procedural assembly.<br />
Of 120 seats with<strong>in</strong> the assembly, 20 are reserved for<br />
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