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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> B v Secretary of State for the Home Department (Serbia And Montenegro) [2003] UKIAT 00105 (29 October 2003) URL: https://www.bailii.org/uk/cases/UKIAT/2003/00105.html Cite as: [2003] UKIAT 00105, [2003] UKIAT 105 |
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[2003] UKIAT 00105 B (Serbia
and Montenegro)
Heard at Field House
29/10/2003
On: 8 May 2003
Prepared: 11 May 2003
Between:
Claimant
Respondent
For the claimant: Ms J. Alexander, counsel
For the Secretary of State: Mr G. Elk, HOPO
"The appellant produced no documentary evidence to support his date of birth. I do not consider that he is under the age of 18 years. From looking at the appellant and from hearing him speak, I conclude that the appellant is over the age of 18 years. The appellant has at each interview consistently maintained his date of birth. I consider that this damages the appellant's credibility. I am not prepared to give the appellant the benefit of the doubt and do not deal with him as a minor."
"If that were the case then I am sure it would be so stated. This too damages the credibility of the appellant."
"Lack of security and freedom of monument remain the fundamental problems affecting minority communities in Kosovo criminal activity remains unacceptably high, with a continued shortfall in unmixed police staffing and the lack of a properly functioning and impartial judicial system."
"Although difficult to assess over a short period of time, the security situation of the minority communities seems to have improved. A year ago, attacks and intimidation of minority communities were still considered systematic; now they have decreased significantly and are considered more random. Freedom of movement has also improved…Increasingly Kosovo Serbs now drive unescorted to Kosovo Albanian areas, although there are still cases of Kosovo Serbs cars being stoned."
6.71 Like Bosniaks, the Gorani community are Muslim Slavs, and experience similar difficulties. The Gorani are a distinct group from Bosniaks, with their own language, though like Bosniak language this is similar to Serbian. The overall Gorani population is estimated at 10,000 – 12,000, most of whom live in the Gora region of Kosovo, though there are small communities in Pristina and Mitrovica also. The Gora region comprises 18 geographically linked villages within Dragash municipality inhabited by Gorani. The region was largely unaffected by the conflict in terms of damage to housing.
6.72 As with Bosniaks, Gorani has been closely associated with Serbs because of their shared language and culture and have suffered violent attacks, harassment and discrimination. The risk of being mistaken for a Serb when using their language has restricted freedom of movement outside their local area and inhibited equal access to social services and economic opportunities.
6.73 However, as with Bosniaks, the security situation for Gorani was stable during 2002 with no reported serious security incidents. There have been no murders of Gorani since the year 2000. There have also been significant improvements in freedom of movement and the ability to use their own language, particularly in the Prizren region. The Gorani are likely to be at greater risk of harassment and intimidation in some other areas of Kosovo, such as Ferizaj/Urosevac. Approximately half the KPS [Kosovo Police Service] officers in Dragash are Gorani.
- Minorities continued to experience varying degrees of threat to their life and personal integrity. They also endure significant restrictions on their freedom of movement that, in turn, limit their access to basic services, reconstruction of residential property, property restitution procedures, employment and other economic activity is essential for their survival. Severe restrictions in the use of their language, religion or their cultural traditions is a problem for some minorities.
- Improvements in the general situation in Kosovo are having the gradual impact on some minority communities in specific locations, and some have managed to secure a limited degree of tolerance within certain areas. This does not imply that the risk of serious human rights violations has disappeared. The violent, attention-grabbing incidents are interspersed by periods of calm which can lead to a false sense of security or erroneous interpretations that circumstances have fundamentally changed. It is important to know that, even during such "quiet" periods, minorities continued to endure less visible forms of mistreatment that erode the communities will to remain and hence continue to cause displacement or impede sustainable returns.
- Furthermore, the continued presence of minority communities in specific locations does not guarantee the safety of returnees of the same group In the current environment, long-term absence may be the cause of suspicion leading to protection problems upon return. Efforts to improve the situation of minorities which are beginning to take hold need to gain momentum before general conditions which are conducive to return in safety and dignity are created.
- UNHCR stresses that minority returns should take place on a strictly voluntarily basis and based on fully informed decisions of the members of this community. Any such voluntary return movements should be properly co-ordinated and re-integration should be supported through assistance to ensure sustainability. Minorities should not be forced, compelled or induced to return to Kosovo.
"The Gorani face discrimination in accessing economic opportunities and social services because of their ethnic background and the associated issue of the language barrier. A combination of security concerns and uncertainty over there longer-term economic and social viability has compelled many Gorani to leave Kosovo."
"Alternatives to voluntary repatriation may be examined for members of those groups who have no protection or compelling humanitarian needs requiring prolongation of their stay in the asylum countries, as an option of last resort…financial and development assistance would be required to underpin sustainable returns."
The letter draws upon the January 2003 Update referred to in greater detail in the following paragraph.
2.3 Fearing revenge attacks, more than half of the 200,000 population of Serbs and Roma left the province in the following months. High levels of violence ensued against those Serbs, Roma and other ethnic minorities who remained in Kosovo. With the removal of the Serb / Yugoslav forces there was no longer any fear of persecution for most of the ethnic Albanian population. But it was clear that members of all ethnic minority groups would be at risk from ethnic Albanian extremists if they returned.
2.5 Levels of violence against ethnic minorities have fallen considerably during the last two years. There has been a reduction in inter-ethnic tensions, and between them, KFOR, UNMIK police and the Kosovo Police Service, are able to provide a sufficiency of protection. While discrimination, harassment, limitations on freedom of movement and occasional incidents of violence continue, the overall situation has improved to the extent that UNMIK and UNHCR are now encouraging the voluntary return of ethnic minorities in carefully organised schemes. However, these organisations remain opposed to enforced returns of ethnic minorities, which they believe could jeopardise the delicate reintegration process.
3.13 Bosniaks (Muslim Slavs)
Treatment
3.13.1 Bosniaks speak Serbian as their first language, but unlike Serbs they follow Islam as their religion. There has in the past been persecution of Bosniaks by ethnic Albanians because of their cultural and linguistic links with Serbs and it has sometimes been dangerous for them to use their language in public. However, Bosniaks generally appear to be tolerated by both ethnic Albanian and Serb communities and their security situation has always been more favourable than that of Roma. One Bosniak was murdered in 2001 (compared to 9 in 2000) and one was murdered in 2002, though it is not clear whether the incident was ethnically motivated.
3.13.2 The security situation for Bosniaks improved significantly during the last two years. UNHCR considers their position to have stabilised, with no reported serious security incidents during the six months to January 2003. In general, UNMIK police and KFOR provide a sufficiency of protection for Bosniaks and it will not be appropriate to grant asylum solely because an applicant is a member of this ethnic group.
3.13.3 Discrimination and harassment persist against Bosniaks. But the cumulative effect of these factors alone will not usually amount to persecution or torture or inhuman or degrading treatment/punishment.
Sufficiency of Protection
3.13.4 In general, there is now a sufficiency of protection for Bosniaks in Kosovo.
Internal Flight/Relocation
3.13.5 There is sufficiency of protection for Bosniaks throughout Kosovo. However, levels of harassment and discrimination vary. Internal relocation may an option be for Bosniaks who come from areas outside of Prizren and Peja/Pec regions (see above) where most Bosniaks reside and experience fewer difficulties.
Conclusion
3.13.6 Most cases from Bosniaks will not qualify for asylum or HP and will be clearly unfounded. A grant of asylum would only be appropriate in exceptional cases, where an individual was able to show that he/she remained at risk because of specific factors related to his/her particular personal history and that because of specific factors related to him/her there was not a sufficiency of protection available and internal flight was not an option.
3.14 Gorani
Treatment
3.14.1 Like Bosniaks, the Gorani community are Muslim Slavs and have experienced similar difficulties in the past. They are a separate group from Bosniaks, with their own distinct language, which is similar to Serbian but with significant differences. Most Gorani live in the Gora region, which comprises 18 geographically linked villages within Dragash / Dragas municipality.
3.14.2 As with other ethnic minority groups, the situation for Gorani has improved significantly in the last two years. There were no murders of Gorani during the last two years and UNHCR reports that there have been no attacks on this community during the six months to January 2003.
3.14.3 In general, UNMIK police and KFOR provide a sufficiency of protection for Gorani and it will not be appropriate to grant asylum solely because an applicant is a member of this ethnic group. Discrimination and harassment persist against Goranis, but the cumulative effect of these facts alone will not usually amount to persecution or torture or inhuman or degrading treatment/punishment.
Sufficiency of protection.
3.14.4 In general, there is now a sufficiency of protection for Gorani in Kosovo.
Internal Flight/ Relocation
3.14.5 Although there is sufficiency of protection for RAEs through Kosovo, levels of harassment and discrimination vary. The option of internal relocation may be a relevant option for any Gorani individuals who live in isolation from their ethnic community. In such cases, relocation to Prizren or Dragash municipalities, where there are large Gorani communities, may be considered.
Conclusion.
3.14.6 Given the general improvements in the security situation for Gorani, most cases will not qualify for asylum or HP and can be certified as clearly unfounded. A grant of asylum would only be appropriate in exceptional cases, where an individual was able to show that he/ she remained at risk because of specific factors related to his/her particular personal history and that because of specific factors related to him/her there was not a sufficiency of protection available and internal flight was not an option.
Decision: Appeal dismissed.
Andrew Jordan
Vice President
11 May 2003
_______________________
Note 1 SCIS Kosovo (KIP) is an extension project of the Source Country Information Systems, jointly implemented by ICMPD and IOM and the report was prepared with the support of the governments of Austria, Denmark, German, Liechtenstein, Norway, Switzerland and the United Kingdom. [Back]