UNMIK/PR/1525
PRISTINA - The Special Representative of the Secretary-General has promulgated UNMIK Regulation No. 2006/12 on the Establishment of the Human Rights Advisory Panel.
The Human Rights Advisory Panel (the Advisory Panel) will render determinations in respect of complaints from persons or group of individuals claiming to be the victim of a violation of their human rights by UNMIK. This important Regulation, providing an effective means of redress for an alleged violation of human rights attributable to UNMIK, will contribute to the further enhancement of the human rights framework in Kosovo.
The decision to establish the Advisory Panel was taken following discussions between UNMIK and the Council of Europe that took place in early 2005. A lengthy and complex process of preparation and consultation followed, involving OSCE, OHCHR and other relevant actors of the international community active in the human rights field in Kosovo. In this process, particular attention has been given to the recommendations of the European Commission for Democracy through Law of the Council of Europe (Venice Commission) in its Opinion of 11th October 2004.
The Advisory Panel will address the effective lack of jurisdiction of the European Court of Human Rights over Kosovo. The mandate of the Advisory Panel, as defined in section 1.2 of the Regulation, makes it clear that the term “violation of human rights” refers not only to breaches of the European Convention on Human Rights and its Protocols but also to breaches of other human rights instruments, exhaustively enumerated in the Regulation and part of the applicable law.
The Advisory Panel shall consist of three members, international jurists of high moral character, impartiality and integrity, who shall be appointed by the Special Representative of the Secretary-General upon the proposal of the President of the European Court of Human Rights.
The findings of the Advisory Panel, which may include recommendations, shall be of an advisory nature. The Special Representative of the Secretary-General shall have exclusive authority and discretion to decide whether to act on these findings.
