In the name of 158 Roma IDPs (Internally Displaced Persons), Attorney Dianne Post filed a claim against the UN in February 2006. Since the destruction of the Romani settlement in southern Mitrovica in July 1999, Roma had been living in camps, which were built on land that is known to be highly contaminated. The camps continued to exist until April 2006 under the United Nations’ supervision, although extreme health hazards arising from toxic lead contamination had been reported. Attorney Dianne Post asks for support, because the UN did not respond to the claim yet.

 

UN CONTINUES TO IGNORE DEMANDS FOR JUSTICE FROM KOSOVO ROMA

 

Dianne Post 

 

1 June 2007:    In February 2006, a third party complaint was filed with the UN by Dianne Post, then Legal Director of the ERRC, for compensation for 184 Romani residents of camps for Internally Displaced Persons (IDPs) in northern Kosovo. 

In 1999, the camps were built on land known to be highly contaminated. Although the camps were intended as temporary housing for victims of the 1999 looting and burning of the Romani settlement in southern Mitrovica, until April 2006 they continued to exist under the United Nations supervision, despite known and documented extreme health hazards arising from toxic lead contamination.

In 2000 the World Health Organization (WHO) issued its first report analyzing the effects of lead pollution on the Mitrovica region. Researchers found higher than average lead concentrations among the Roma, as compared with the non-Romani population. By October 2004, the WHO had declared the area in and around the IDP camps uninhabitable, issuing a report that revealed that the soil in Zitkovac camp was 100.5 times above recommended levels, while in the Cesmin Lug camp, the levels exceeded by 359.5 times those considered safe for human health.

Though it was known that such high lead levels causes decreased IQ points, kidney failure, eye problems and other medical, emotional and mental conditions, the residents were not moved and did not receive treatment.  By October 2004, the WHO recommended the immediate removal from the camps of children and pregnant women and called the case of the Roma “urgent”. They were not removed.  In spite of the volume of evidence indicating the extreme harms to the inhabitants of the camps caused by their continued residence, the Roma concerned were not moved to a safe place after more than 6 years.  A sustained advocacy, political and legal campaign finally resulted in the closure of the camps and a move to a nearby former French base that offers better living conditions and lower, but still unacceptable, lead levels.  Treatment was still not provided without more political and public pressure. 

In the third party complaint filed under Article VIII of the Convention on the Privileges and Immunities of the United Nations, General Assembly Resolution A/RES/52/247, and UNMIK/REG/2000/47(7) the nature, particulars and amount of the claim were detailed for every claimant.  These included deaths of family members, serious illness, emotional, physical and mental conditions and inhumane living conditions.  The UN had denied medical assistance for specific cases.  Though UNMIK and WHO had full information about the harms to the Roma, they did not give this information to the affected Roma themselves. In fact, information was suppressed and at times misinformation was spread.  This failure of information is a separate claim.  The claimants have asked for compensation for medical and rehabilitation needs, lost earnings, transportation for medical needs, burial expenses and legal fees.

The UN has continued its campaign of neglect of the Roma by ignoring this claim.  Though more than a year has passed, they have not provided a response.  After numerous contacts, the attorney who filed the claim and now represents 154 of the claimants met with the UN attorney handling the case in January 2007 in New York.  His excuse then was that UNMIK had not provided certain documents.  The inaction of UNMIK is legion and one of the causal bases for this claim; however, that does not excuse the UN from accountability.  Thus she offered a complete outline of all the documents she had so the UN attorney could become educated on the issue.  He never requested a copy of a single document. In spite of contacts in March and May 2007, no response has been forthcoming. 

Unfortunately, the third party complaint procedure does not provide deadlines so once again, advocacy, public and political pressure are necessary to force the UN to do its moral and legal duty to the people to whom they have knowingly caused serious and permanent injury and death.  As the issue of Kosovo status looms ever closer, timing is important so the affected Roma can decide their own destiny.  If you can persuade your countries permanent mission to the UN to put pressure on to get this case resolved, that would be extremely useful.  If your organization could coordinate an international campaign, that too would be helpful.   Please contact Dianne Post, Attorney, This e-mail address is being protected from spam bots, you need JavaScript enabled to view it if you have ideas or can help.