MONTENEGRO'S KOSOVO IDPS: STILL IN LIMBO

UNCLAS SECTION 01 OF 03 PODGORICA 000037

SENSITIVE
SIPDIS

DEPT FOR EUR/SCE AND PRM/ECA (MATTHEW R JOHNSON)

E.O. 12958: N/A
TAGS: PREF PHUM PGOV PREL MW
SUBJECT: MONTENEGRO'S KOSOVO IDPS: STILL IN LIMBO

REF: PODGORICA 026

PODGORICA 00000037 001.2 OF 003



1. (SBU) SUMMARY: Recent statements by President Vujanovic have
drawn attention to the more than 16,000 refugees from Kosovo -
called internally displaced persons (IDPs) by the GoM - still on
Montenegrin soil. Because of security, legal, and economic
concerns, very few have returned to Kosovo since 2001. While
some ethnic Montenegrins and Serbs have integrated into
Montenegrin society, a large number of IDPs, particularly Roma,
live in miserable conditions. Almost none of the IDPs have seen
their status legalized. END SUMMARY.



Vujanovic Draws Attention to Sensitive Issue

--------------




2. (SBU) President Vujanovic told the press on January 5 that
prior to the establishment of diplomatic relations with
Montenegro, the GoK should grant more rights to Montenegrins and
"establish conditions" for the return of non-Albanian IDPs from
Kosovo currently residing in Montenegro. The GoM has assured
the Ambassador that it is not seeking to establish preconditions
for relations with Kosovo (reftel),but the President's
statement did draw attention to the IDP issue.




3. (SBU) While the GoM refers to these individuals as IDPs -
which stems from when Kosovo, Montenegro, and Serbia were part
of Yugoslavia and then the State Union of Serbia and Montenegro
- now that Montenegro and Kosovo are independent, the
individuals should more accurately be termed "refugees."
However, we use "IDP" here because this is the GoM's legal
designation of their status; the GoM also designates certain
individuals - such as those who fled violence in Bosnia and
Croatia during the 1990s - as refugees.



Scope of the Problem~

--------------




4. (SBU) During 1998 and 1999, more than 50,000 individuals
fleeing violence in Kosovo entered Montenegro. The majority
were Kosovo Albanians, most of whom returned to Kosovo after the
war. A sizeable number of non-Albanian IDPs remained in
Montenegro, however, unable or unwilling to return to Kosovo.




5. (U) The Montenegrin Bureau for the Care of Refugees (BCR)
reports that, as of October 31, 2008, there were still 16,210
IDPs from Kosovo residing in Montenegro, including:



-Montenegrins 5,336

-Serbs 4,016

-Roma 3,027

-"Egyptians" 1,383

-Muslims 1,471

-Albanians 427

-Bosniaks 256

-Others 318



The Problem With Returns...

--------------




6. (SBU) Contacts such as BCR Director Zeljko Sofranac, UNHCR
Director Serge Ducasse, representatives of the NGO "Legal
Center" (an implementing partner of UNHCR) and a number of
refugees themselves have told us that the overall security

PODGORICA 00000037 002.2 OF 003


situation in Kosovo, coupled with the lack of freedom of
movement there and limited access for employment, housing, and
land continue to affect the prospects for sustainable return to
Kosovo. Many IDPs also complain that property restitution
remains a major problem.




7. (SBU) The BCR says that 2,400 IDPs have left Montenegro since
2001, but a sizeable number of this total apparently consisted
of Serbs moving to Serbia. UNHCR figures show that, since 2001,
a total of 1,372 Roma, Ashkaeli (an ethnic group similar to
Roma),and Egyptians (collectively referred to as "RAE")
returned to Kosovo through programs organized mainly by UNHCR
and the Danish Refugee Council. According to the UNHCR, 93 RAE
IDPs returned to Kosovo in 2008.



Integrating Or Not Into Montenegrin Society

--------------




8. (SBU) According to the BCR, the vast majority of Kosovo IDPs
live in the municipalities of Podgorica, Berane, and Bar. By
all accounts, their integration into Montenegrin society has
been problematic. Ethnic Montenegrins and Serbs have fared the
best, as many have relatives in Montenegro. (There are more
than a dozen small Serb refugee organizations in Montenegro
which advocate on the behalf of Serb IDPs.)




9. (SBU) The situation for RAE IDPs is particularly dire. While
some 95 percent of all Kosovo IDPs live in private dwellings,
the overwhelming majority of the five percent still in
collective centers are RAE. The more than 1,000 RAE inhabitants
of Konik Camp, on the outskirts of Podgorica, live in abject
poverty, many without running water and toilets.



GoM Strategy

--------------




10. (SBU) In 2003, the GoM adopted a National Strategy for
Resolving the Problems of Displaced People, which was succeeded
by another Strategy for the 2005-2008 period. The latest
Strategy outlines the responsibilities of government offices and
agencies dealing with IDPs and refugees, and the GoM provides
some funds for shelter, social programs, education, and health
care. The GoM also facilitates IDP access to assistance from
domestic and international humanitarian organizations. However,
UNHCR representatives and a number of IDPs have told us that
they believe the overall conditions of life for most Kosovo IDPs
have not significantly changed since the initial Strategy was
adopted.



Legal Limbo Complicates Picture

--------------




11. (SBU) In 1998 and 1999, the GoM first registered Kosovo IDPs
under an ad hoc emergency measure. The Montenegrin Commissariat
for Refugees (MCDP),now known as the Bureau for the Care of
Refugees (BCR),has responsibility for the IDP caseload. The
BCR has conducted a series of registration exercises aimed at
renewing or revoking IDP status; the last of these occurred in

2003.




12. (SBU) Under current arrangements, an IDP's status entitles
him to stay temporarily in Montenegro (as long as he remains
registered). IDPs can work, send their children to Montenegrin
schools, and access government health care. But in general,
IDPs face considerable difficulties. Employers must pay a tax
of 2.50 euros per day for their services, and under the Law on
Employment of Aliens (which entered into force in January 2009),
IDPs fall under stringent foreign worker quotas which further
limit their employment. IDPs also lack full and consistent

PODGORICA 00000037 003.2 OF 003


access to health insurance and social welfare benefits and do
not enjoy full property rights.



Re-Registration Envisioned

--------------




13. (SBU) BCR Director Sofranac told us January 14 that
preparations for another IDP re-registration exercise have been
underway since December 2008. He said that the process will
begin in March of this year and conclude in May.




14. (SBU) Sofranac commented that the re-registration drive
could reduce the total number of IDPs, as some people may not
qualify, while others may "graduate" to other legal categories.
However, he said that those individuals who retain their IDP
status following re-registration will be able to apply for
temporary residence status, offering a path to eventual
citizenship, provided they declare their preference for settling
in Montenegro.



Comment

--------------




15. (SBU) Almost a decade after the fighting ended in Kosovo,
the fate of the 16,000 Kosovo refugees still in Montenegro
remains unclear. Recent discussions between the Montenegro and
Kosovo governments on this issue are a positive sign, but
refugee returns are still difficult, and a quick solution is
unlikely. The future legal status of the IDPs may become
clearer once the GoM's latest re-registration process is
completed. However, while the GoM's promise to consider
temporary resident status could represent a step forward,
international officials believe the BCR's timeline is
unrealistic and may not permit full consideration of each claim.
MOORE