WRITTEN QUESTION P-1681/02

by Bart Staes (Verts/ALE) to the Commission

(6 June 2002)

Subject: Entry documents for Kosovo

Many Kosovars who have been issued with statutory residence permits for Belgium pursuant to the law on the regularisation of the status of people without identity documents have enormous difficulty in obtaining entry documents for Kosovo, their country of origin. Theoretically there are two ways in which they can obtain travel permits for Kosovo: they may apply either to the UNMIK administration in Kosovo or to the Embassy of rump Yugoslavia in Belgium. In practice, however, they face immense problems no matter which course they adopt. UNMIK has a cumbersome and complex administrative procedure and mostly deals with urgent cases (deaths, etc). The other option does not actually have any legal basis in view of the current international status of Kosovo and as the institutions in Kosovo to which elections have recently been held have no administrative links with Belgrade. The Embassy of rump Yugoslavia in Brussels is exploiting the situation by compelling these Kosovars to sign declarations of membership of the Serb community and by charging them enormous fees. I have heard sums mentioned ranging from EUR 1 000 to 1 500.

Is the Commission aware of the above problems and state of affairs, and will the Commission ask the UNMIK administration in Kosovo and the Belgian federal authorities to secure freedom of movement for these Kosovars?

Will the Commission strongly protest to the Serbian authorities in Belgrade about the conduct of their embassy in Belgium in this respect?

Pending a definitive solution, can the Commission urge the authorities concerned to adopt interim arrangements?

Answer given by Mr Patten on behalf of the Commission

(5 July 2002)

The United Nations Interim Administration Mission in Kosovo (UNMIK) can only issue travel documents to habitual residents of Kosovo.

In order to obtain an UNMIK travel document, the applicant must have registered in Kosovo (i.e. be the holder of an UNMIK ID-card) and applied for the travel document. The relevant procedure is fast and efficient. The application is filed and the document issued at the municipality of residence, and the procedure normally only takes around three weeks.

As regards entry into Kosovo, UNMIK, in cooperation with the International Security Force in Kosovo (KFOR), is following a policy of strict controls in line with its mandate under United Nations Security Council Resolution (UNSCR) 1244 and in view of the necessary security considerations in the wider region. It is important to note that there are no visa requirements as such for entering Kosovo.

Refugees with statutory residence in any other territory, for example in Belgium, are not habitual residents of Kosovo. Their status is governed by the respective national laws and regulations of their country of residence, e.g. on interim or provisional documentation issued by that state.

The only way in which people originating in the Federal Republic of Yugoslavia (FRY) but not being habitual residents of Kosovo, and whose state of residence does not issue provisional internationally accepted documentation, can obtain identity documents is through the FRY administration. UNSCR 1244 reaffirms the sovereignty and territorial integrity of FRY. FRY ID-documents can be obtained through the network of FRY embassies abroad or, an improvement on past procedures, at the Yugoslav Liaison Office in Pristina.

The Commission is not aware of any irregularities relating to the issuance of passports in FRY diplomatic representations, but will convey the Honourable Member's preoccupations to the FRY Embassy in Belgium.