United Nations

A/RES/50/190


General Assembly

Distr. GENERAL  

6 March 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.3)]


            50/190.     Situation of human rights in Kosovo

      The General Assembly,

      Guided by the Charter of the United Nations, the Universal
Declaration of Human Rights,  1/ the International Covenants on
Human Rights,  2/ the International Convention on the Elimination of
All Forms of Racial Discrimination,  3/ the Convention on the
Prevention and Punishment of the Crime of Genocide  4/ and the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,  5/

      Welcoming the General Framework Agreement for Peace in Bosnia and
Herzegovina  6/ reached on 21 November 1995 at Dayton, Ohio, and
hoping that it will have a positive impact also on the human rights
situation in Kosovo,

      Recalling its resolution 49/204 of 23 December 1994 and other
relevant resolutions,

      Taking note of Commission on Human Rights resolution 1995/89 of
8 March 1995  7/ and recalling previous Commission resolutions
1992/S-1/1 of 14 August 1992,  8/ 1992/S-2/1 of 1 December 1992,
 9/ 1993/7 of 23 February 1993  10/ and 1994/76 of
9 March 1994,  11/

      Taking note also of the reports of the Special Rapporteurs of the
Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia, in which they describe the
situation in Kosovo, the various discriminatory measures taken in the
legislative, administrative and judicial areas, acts of violence and
arbitrary arrests perpetrated against ethnic Albanians in Kosovo and
the continuing deterioration of the human rights situation in Kosovo,
including:

      (a)   Police brutality against ethnic Albanians, the killing of
ethnic Albanians resulting from such violence, arbitrary searches,
seizures and arrests, forced evictions, torture and ill-treatment of
detainees and discrimination in the administration of justice,
including the recent trials of ethnic Albanian former policemen;

      (b)   Discriminatory and arbitrary dismissals of ethnic Albanian
civil servants, notably from the ranks of the police and the
judiciary, mass dismissals of ethnic Albanians, confiscation and
expropriation of their properties, discrimination against ethnic
Albanian pupils and teachers, the closing of Albanian-language
secondary schools and the university, as well as the closing of all
Albanian cultural and scientific institutions;

      (c)   The harassment and persecution of political parties and
associations of ethnic Albanians and their leaders and activities,
their maltreatment and imprisonment;

      (d)   The intimidation and imprisonment of ethnic Albanian
journalists and the systematic harassment and disruption of the news
media in the Albanian language;

      (e)   The dismissals from clinics and hospitals of doctors and
members of other categories of the medical profession of Albanian
origin;

      (f)   The elimination in practice of the Albanian language,
particularly in public administration and services;

      (g)   The serious and massive occurrence of discriminatory and
repressive practices aimed at ethnic Albanians in Kosovo, as a whole,
resulting in widespread involuntary migration;

and noting that the Subcommission on Prevention of Discrimination and
Protection of Minorities, in its resolutions 1993/9 of 20 August 1993
 12/ and 1995/10 of 18 August 1995,  13/ considered that
those measures and practices constituted a form of ethnic cleansing,

      Concerned at any attempt to use Serb refugees and other means to
alter the ethnic balance in Kosovo, thus further suppressing the
enjoyment of human rights there, and, in this context, noting with
concern the new citizenship law awaiting approval by the Parliament of
the Federal Republic of Yugoslavia (Serbia and Montenegro),

      Reaffirming that the long-term mission of the Organization for
Security and Cooperation in Europe to Kosovo played a positive role in
monitoring the human rights situation and in preventing an escalation
of conflict there, and recalling in this context Security Council
resolution 855 (1993) of 9 August 1993,

      Considering that the re-establishment of the international
presence in Kosovo to monitor and investigate the situation of human
rights is of great importance in preventing the situation in Kosovo
from deteriorating into violent conflict, and, in this context, taking
note of the report of the Secretary-General submitted pursuant to
General Assembly resolution
49/204,  14/

      1.    Strongly condemns the measures and practices of
discrimination and the violations of the human rights of ethnic
Albanians in Kosovo committed by the authorities of the Federal
Republic of Yugoslavia (Serbia and Montenegro);

      2.    Condemns the large-scale repression by the police and
military of the Federal Republic of Yugoslavia (Serbia and Montenegro)
against the defenceless ethnic Albanian population and the
discrimination against the ethnic Albanians in the administrative and
judiciary branches of government, education, health care and
employment, aimed at forcing ethnic Albanians to leave;

      3.    Urgently demands that the authorities of the Federal
Republic of Yugoslavia (Serbia and Montenegro):

      (a)   Take all necessary measures to bring to an immediate end all
human rights violations against ethnic Albanians in Kosovo, including,
in particular, the discriminatory measures and practices, arbitrary
searches and detention, the violation of the right to a fair trial and
the practice of torture and other cruel, inhuman or degrading
treatment, and to revoke all discriminatory legislation, in particular
that which has entered into force since 1989;

      (b)   Release all political prisoners and cease the persecution of
political leaders and members of local human rights organizations;

      (c)   Allow the establishment of genuine democratic institutions
in Kosovo, including the parliament and the judiciary, and respect the
will of its inhabitants as the best means of preventing the escalation
of the conflict there;

      (d)   Abrogate the official settlement policy as far as it is
conducive to the heightening of ethnic tensions in Kosovo;

      (e)   Reopen the cultural and scientific institutions of the
ethnic Albanians;

      (f)   Pursue dialogue with the representatives of ethnic Albanians
in Kosovo, including under the auspices of the International
Conference on the Former Yugoslavia;

      4.    Demands once again that the authorities of the Federal
Republic of Yugoslavia (Serbia and Montenegro) cooperate fully and
immediately with the Special Rapporteur of the Commission on Human
Rights on the situation of human rights in the territory of the former
Yugoslavia in the discharge of her functions, as requested by the
Commission in its resolution 1994/76 and in other relevant
resolutions;

      5.    Encourages the Secretary-General to pursue his humanitarian
efforts in the former Yugoslavia, in liaison with the Office of the
United Nations High Commissioner for Refugees, the United Nations
Children's Fund and other appropriate humanitarian organizations, with
a view to taking urgent practical steps to tackle the critical needs
of the people in Kosovo, especially of the most vulnerable groups
affected by the conflict, and to assist in the voluntary return of
displaced persons to their homes;

      6.    Urges the authorities of the Federal Republic of Yugoslavia
(Serbia and Montenegro) to allow the immediate unconditional return of
the long-term mission of the Organization for Security and Cooperation
in Europe to Kosovo, called for in Security Council resolution 855
(1993);

      7.    Welcomes the report of the Secretary-General submitted
pursuant to General Assembly resolution 49/204;

      8.    Requests the Secretary-General to continue to seek ways and
means, including through consultations with the United Nations High
Commissioner for Human Rights and relevant regional organizations, to
establish an adequate international monitoring presence in Kosovo and
to report thereon to the General Assembly at its fifty-first session;

      9.    Emphasizes the importance of laws and regulations concerning
citizenship applied by the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro) being in accordance with the
standards and principles of non-discrimination, equal protection
before the law and the reduction and avoidance of statelessness, as
set out in the relevant international human rights instruments;

      10.   Calls upon the Special Rapporteur to continue to monitor
closely the situation of human rights in Kosovo and to continue to pay
due attention to this matter in her reporting;

      11.   Decides to continue examination of the human rights
situation in Kosovo at its fifty-first session under the item entitled
"Human rights questions".


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          Resolution 217 A (III).

2/          Resolution 2200 A (XXI), annex.

3/          Resolution 2106 A (XX), annex.

4/          Resolution 260 A (III).

5/          Resolution 39/46, annex.

6/          See A/50/790-S/1995/999.

7/          See Official Records of the Economic and Social Council,
1995, Supplement No.3 and corrigenda (E/1995/23 and Corr. 1 and 2),
chap. II, sect. A.

8/          Ibid., 1992, Supplement No. 2A (E/1992/22/Add.1/Rev.1),
chap.II. sect. A.

9/          Ibid., Supplement No. 2B (E/1992/22/Add.2), chap. II, sect.
A.

10/         Ibid., 1993, Supplement No. 3 (E/1993/23), chap. II, sect.
A.

11/         Ibid., 1994, Supplement No. 4 and corrigendum (E/1994/24
 and Corr. 1), chap. II, sect. A.

12/         See E/CN.4/1994/2-E/CN.4/Sub.2/1993/45 and Corr.1, chap. II,
sect. A.

13/         See E/CN.4/1996/2-E/CN.4/Sub.2/1995/51, chap. II, sect. A.

14/         A/50/767.

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