LETTER TO UNMIK
Ministeriet for Flygtninge
Invandrere og Integration
Ministry of Refugee, Immigration
and Integration Affairs
Date: 29 mars
Office: International Division
Ref. No:
File name: 0114 - Fælles nordisk brev til UNHCR-rev2
Dear Søren Jessen-Petersen,
On behalf of the governments of Denmark, Norway, Sweden and Iceland, we would like to use this opportunity to express the serious concern of our respective governments regarding the issue of rejected asylum seekers from Kosovo.As a starting point, we would like to emphasise and affirm the continued support of our respective governments in relation to efforts aimed at ensuring the security and protection of minority communities in Kosovo. In addition, we are open to new initiatives, as identifies by UNMIK, which could enhance the repatriation prospects for these communities.
First of all, UNMIK should acknowledge that all Kosovars returned to Kosovo from any of our countries have undergone a thorough independent individual refugee status determination process, which has identified them as not being in need of international protection. In addition, they have been assessed not to qualify for any humanitarian status. In addition, lately UNMIK Office of Returns and Communities has started to make their acceptance of returns conditional o a last minute decision at the airport. Thus, in their written notifications, UNMIK has lately added the following condition: “However, upon his/hers arrival at the airport should different information about his ethnicity, health status, etc. come to light, UNMIK reserves the right to deny him entry to Kosovo.”
We question if a serious and lawful examination can take place at the airport and wether this should be allowed to overrule the outcome of a long and secure refugee status determination process the result of which has already been accepted by UNMIK.
Secondly, the general and categorical refusal by UNMIK of receiving rejected asylum seekers with non-serious medical problems is of concern. Each individual case should be reviewed on an individual basis taking into account individual characteristics. We would like to emphasise that a refusal by UNMIK to take back rejected asylum seekers with a non-serious medical problem will not warrant a residence permit in any of our countries. Rather, it will lead to a prolonged situation of stress and uncertainty, which will be a further burden on the rejected asylum seeker.
Furthermore, we are concerned that the present UNHCR guidelines, which ban return of minorities to Kosovo, could unintentionally contribute to the ethnic cleansing of minorities in Kosovo. For your information, please see the enclosed copy of our letter to the acting UN High Commissioner for Refugees, Ms. Wendy Chamberlin, on these issues.
In addition, according to information received from the UNMIK Office of Returns and Communities, accompanying non-Kosovo spouses of returning Kosovars are not granted legal status in Kosovo, and thus, consequently, the said spouses are unable to obtain work permits and denied access to public services, including benefits and medical assistance. Should this be correct, we are concerned that such treatment may be contrary to recognised international standards and would urge UNMIK to inform on the background for upholding such treatment and the measures needed to rectify it as soon as possible
.Please allow us to reiterate that we are prepared, within the limits of our respective national programmes, to continue to support the reconstruction of Kosovo, including through project concerning micro credit lending schemes as well as general and psycho-social health care. In addition, we would be willing to consider supporting a reception and counselling facility to Kosovars returning from our countries, should UNMIK find such a facility appropriate.
In conclusion, we would like to inform you that The Nordic High Level Coordination Forum for Asylum and Migration has agreed to exchange information concerning return to Kosovo in order to ensure appropriate coordination. We look forward to your response on this matter at your earliest convenience.
Yours sincerely,
Kim Lunding (Denmark)
Ola Henriksson (Sweden)
Tor Arne Aass (Norway)
Haukur Gudmundsson (Iceland)
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