2005 manifesto for an open kosovo

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    19 DECEMBER 2005

    A MANIFESTO FOR AN OPEN KOSOVO

    The times are changing in Kosovo. A time of change is a time of crisis and challenges,but also new opportunities and hopes. Kosovo is opening its horizons, movingtowards times of larger freedom, and freedom is nothing else but a chance for all to

    be better. Kosovo will have higher responsibility before its inhabitants and also beforethe world. In this sense, we have a chance to move away from the legacy of conflictand lack of understanding between communities towards the establishment of ademocratic and human rights abiding environment in which everybody has a role anda responsibility in government policies. An environment in which returns is a naturalconsequence of human rights and democratization.

    The road to achieve this democratic standard is difficult, but where there is a willthere is a way: Kosovo has more than ever the opportunity to become a place inwhich all individuals are free to move, to speak and to participate in government withall its consequences: a place free from fear, where the lessons of the past are used tolook towards a brighter future, a future of peace and dignity for all and a model forother areas in the Balkans.

    Neighbors should not be afraid from visiting each other. Walls between communitiesare to be torn down. Hands are to be united and roles and responsibilities sharedtowards the common goal of democracy and development. A set of goals that isgoverned by laws which are based on our common rational understanding that is inthe core of the standards that the world community has agreed upon: the standardsof dignity, equality, freedom and participation.

    We want Kosovo to rebel. Not only against the legacy of the conflict but also toactively rebel for equal justice and democratic government for all. After years ofdiscrimination, war and lack of determination, Kosovo deserves the right to take theinitiative to help integrate all its inhabitants into the modern world and Europe. Forthis reason, the below signatories agree to do all possible effort within our

    responsibilities to help build the bridge of Kosovo to Europe with its opportunities,values, principles but also its challenges and problems.

    In this regard, we compromise ourselves to place returns and respect for minoritycommunities in the right hands, those of the civil society, the local government andthe displaced persons themselves. The international community must continue itsmonitoring and advisory role and intervene as necessary, however nothing can bedone if those most affected by the process and with competencies that are necessaryto make it happen do not have a say and a role on it.

    Thus, we agree on the need to re-evaluate the situation and the best ways in whichto ensure that everybodys rights are protected and promoted. While return to placeof origin remains the preferred option, displaced persons should in no case be denied

    of the enjoyment of their rights in their place of displacement. Access to property andother acquired rights can not depend on the option taken. Moreover, the governmenthas a responsibility in ensuring human security through the establishment of the ruleof law. The government must ensure sustainability, so that existing minoritycommunities have the choice to remain where they live if they wish to do so.

    All of us are committed to work together in an inclusive manner in full transparency.The changes ahead are many, we know that the future will bring difficult moments,but it also allow us to take a step forward. We are committed to do so for the benefitof all.

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    Signed:WG members

    A RENEWED SET OF PRINCIPLES FOR RESOLVING THE ISSUES OFCOMMUNITIES AND THE DISPLACED

    Taking into consideration the UN Charter (hereinafterUN), the UniversalDeclaration on Human Rights, the International Covenant on Civil and PoliticalRights and the ensuing Protocols, the International Covenant on Economic,Social and Cultural Rights, the International Convention on Elimination of allForms of Racial Discrimination, the UN Convention on the Rights of the Child,

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    the European Convention on Protection of Human Rights and FundamentalFreedoms, UN Security Council Resolutions 1244 (1999), the UN GuidingPrinciples on Internal Displacement, and other relevant principles contained ininternationally recognized legal instruments,

    1. Shared government and civil society responsibility. The moral andoperational responsibility for the resolution of community and displacementproblems and moving forward towards a modern inter-cultural society is with

    the people of Kosovo and the region. There is a provisional government inplace. There are civil society organizations. Both of them have a jointresponsibility to ensure that Kosovo is a livable place where cultural and otherdifferences are a normal value. The international community shall support allefforts and ensure that this is achieved in line with its overall responsibilityunder SC Resolution 1244.

    2. Return as a right and a necessity. The right to return in either aspontaneous or organized fashion is not only a fundamental human rightthat needs to be respected and promoted, but a necessity for the society ofKosovo in order to move on, heal the wounds of war and start looking towardsthe future.

    3. Return to place of origin remains the principle and preferred option .However it does not impede on the right of each individual to make a decisionon the place of residence and access his/her citizens rights in his place ofchosen residence in Kosovo. Thereby the internally displaced persons shall beprovided with real options, including the choice of return to their homes at theplace of origin and no longer be forced to remain in displacement outside orwithin Kosovo. To exercise such a free choice requires that persons are freeto choose their own future, which requires that all conditions are in place forthe choice to be truly voluntary and free. Access to property and otheracquired rights, like pension rights, can in no way be depending on whether ornot a refugee or IDP opts for return or local integration in the country ofrefuge.

    4. Safety and dignity. Solutions for the displaced must be based on theprinciple of safety and dignity and allow for the individual to make aninformed and free decision. No solution shall be imposed, leave no otheroption and endanger the human security of the displaced in search ofsolutions.

    5. Human Security. All aspects of human security, shelter, water, food,clothing, education, employment, security, must be taken into consideration,respected and guaranteed and be the aim when resolving community anddisplacement issues. The human being and his requirements must be in thecenter of planning and implementation of any activities, programmes andprojects. Local and central government is to take the responsibility and burden

    for the sustainable provision of the services required, supported through truepartnership by civil society, NGOs and the international community

    6. Sustainability. Solutions for the displaced must be sustainable, whileunderstanding and respecting the right for mobility and freedom of choice forthe individual in a changing economy and transforming society in search ofnew opportunities. The concept of ensuring sustainability in the currenttransformation process is based on initially supporting re/integration of thedisplaced to reach a point of equal opportunities with the neighbors. In

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    parallel the community as a whole needs to move forward to socio-economicdevelopment and to be supported in this endeavor.

    7. Freedom of movement that all people of Kosovo are able to travel, workand live in safety and without fear of attack, harassment or intimidation,regardless of their ethnic background is the responsibility of the communities.While the security framework is provided by Police and military and the legalframework by the central level legislation, civil society, local communities are

    responsible and ultimately accountable to create an environment of free useof language and unimpeded access to places of employment, markets, publicand social services and utilities

    8. Inclusive and transparent. All concerned actors are to work in an inclusivemanner and in full transparency to achieve a maximum effectiveness andcoherence. Formal and informal structures and mechanisms for dialogue andexchange of information must be supported and adhered to by all

    What can each of us do and how can we achieve the goals?

    The possible Way Forward

    - A symbolic rupture with the past: A changing moment, setting citizensinterests as a priority in the midst of an important political and historical

    process must be supported by all actors with the aim of depoliticizingcommunity and displacement issues. Symbols, symbolic events, are veryimportant in this regard. A civil society-led public information campaign with adefined symbol (i.e. a colored ribbon) should be developed and formallysupported by all actors, creating a citizens movement for a modern Kosovo.

    - A new deal aiming at dialogue and inclusiveness setting thecommunity in the center. Between government and governed; betweendisplaced persons and neighbors; amongst civil society; between UNMIK and

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    the PISG; amongst NGOs. The deal is that from now on differences are notargued for the sake of self-promotion and at the detriment of the poor,dispossessed and displaced. The government formally takes the responsibilityto ensure that cultural differences are respected. That everyone is treatedequally and has equal access to citizens rights. Other actors contributetowards finding and implementing solutions in line with their competencies,mandates and capacities.

    - A regenerated government and good governance. The governmentmakes further effort on local and central level to present itself to the IDPs andthe general public as an inclusive body willing to make a sincere effort totransform Kosovo into an inclusive place where everybody has a space. Thegovernment must go beyond the mere recognition of a right. It must clearlytell both the civil society and all communities (including IDPs) that Kosovoneeds you here and that there is a place for everyone in Kosovo.

    - A proactive IDP community and civil society. The IDPs themselves makean effort to contact their former neighbors. Their organizations becomeincreasingly active in public life. There are debates, articles, conferences,demonstrations for tolerance (enough is enough). Civil societyrepresentatives from all communities to bridge differences and overcome

    competition and reach out to the people together; create an inter-cultural civilsociety forum

    - A transformed image. The government changes its symbols, its language.There is an effort to move away from the past. To reject old assumptions. Tolook towards common goals for all communities: employment, housing,education, health, and infrastructure.

    - A Returns and Re/integration process led by the people of Kosovo.Moving away from international domination and control means assumingresponsible ownership for the process with its challenges and difficulties. Localgovernment, with support from central authorities, civil society and theinternational community is at the heart of this endeavor. Real partnership isthe aim in recognizing and respecting strength and weaknesses of the otherbuilding synergies, using the experience and lessons learnt.