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Based on the foregoing analysis of the potential durable settlement options for the Kosovo Roma in Macedonia, Human Rights Watch concludes that return to their country of origin—either Kosovo or other parts of Serbia and Montenegro—is not a viable option consistent with international refugee law. Moreover, conditions for the Kosovo Roma in Macedonia have been so consistently poor for the four years that they have spent there that there are serious questions as to whether they can be locally integrated “in a manner appropriate to their cultural, social, religious or educational backgrounds.” Against this backdrop, Human Rights Watch believes that in the absence of immediate substantial steps to improve conditions for Kosovo Roma in Macedonia, resettlement to third countries must be considered as part of any solution expected to conform to international refugee standards. The following recommendations outline steps to be taken by the government of Macedonia and relevant international actors to resolve the situation through a combination of resettlement to third countries and local integration under appropriate conditions.
The UNHCR should make recommendations for third country resettlement in cases in which Kosovo Roma applicants have poor prospects for local integration in a manner appropriate to their cultural, social, religious or educational backgrounds, as confirmed by the facts available based on the more than four years since their arrival in Macedonia; Macedonian authorities should abandon the excessively strict requirements used in assessments of earlier Kosovo Roma asylum claims, for the recognition of well-foundedness of a claimant’s fear of persecution in Kosovo; Macedonian authorities should only exceptionally apply the “internal flight alternative” rationale to deny asylum claims, when the circumstances of the case clearly so mandate; Should Macedonian government, in violation of international refugee law and UNHCR guidelines, refuse to recognize the refugee status of a Kosovo Roma asylum seeker or otherwise fail to provide a durable solution for a Kosovo Roma refugee, the UNHCR should assess whether the individual qualifies for protection under the agency’s mandate and is eligible for resettlement, and make recommendations for third country resettlement accordingly.
Macedonian authorities should intensify efforts to ensure decent living conditions for Kosovo Roma refugees. The Council of Europe Development Bank, the World Bank, and bilateral donors should extend favorable loans and/or grants to Macedonia for the construction of collective centers for Kosovo Roma refugees that satisfy reasonable living and hygienic standards.
Macedonian educational authorities should ensure that all Roma children, including refugee children, have equal access to safe, accessible, quality schools that foster the development of each child’s personality, talents, and abilities, including by identifying and providing assistance to children who have left school or are at a risk of leaving school because of discrimination and harassment by fellow students or others, or inability to pay for school clothes, books, and related costs; Macedonian educational authorities should develop and implement written policies to protect Roma students from discrimination, harassment, and other abuse. Such policies should include training of educational staff on the binding nature of non-discrimination norms, the needs of Roma children, procedures for investigating and reporting allegations of discrimination or abuse, and disciplinary procedures for those found to be complicit in anti-Roma discrimination, harassment, or other abuses; Refugee families who are denied the right to educate their children must be able to secure a legal remedy to their problem from the government of Macedonia.
Macedonian authorities should undertake measures to ensure full access for Roma, including Kosovo Roma refugees, to employment, and work with international development partners such as the World Bank and the U.N. Development Programme (UNDP) in creating employment opportunities for Kosovo Roma refugees.
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