EULEX

EU's Kosovo mission widening - Minority situation worsening

The new report made by Minority Rights Group International (MRG) gives a bare picture about worsening situation of minority rights in today’s Kosovo.  Instead to return to their homes after ethnic cleansing implemented by Kosovo Albanians after Nato intervention 1999 minorities are beginning to leave Kosovo, because they face exclusion and discrimination.  This negative process is happening in international protectorate where EU is implementing one of its biggest civil crisis management operations and once again demonstrates the huge gap between high flown ideas, aims, programmes and statements made in Brussels and their implementation on the ground.

After nearly ten years of international administration – the longest and most expensive since the creation of the UN – Kosovo remains one of the most segregated places in Europe, with thousands of displaced persons still in camps, and many ‘ethnically pure’ towns and villages. The great failing of international rule in Kosovo over the last eight years has been that instead of breaking down segregation it has made it worse. Kosovo has become ever more divided into Albanian and Serb areas, with all other groups – Bosniaks,Croats, Gorani, Roma, Ashkali, Egyptians and Turks - being marginalized.

     Minority Rights Group International (MRG) is a London based nongovernmental organization (NGO) working to secure the organization (NGO) working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote cooperation and understanding between communities. More about MRG and its full report – released on 27th May 2009 can be found from here

No international protection

IMRG report notes, that since Kosovos declaration of independence on 17 February 2008, there has been a vacuum in effective international protection for minorities in Kosovo. A lack of certainty over the status of the territory has limited the practical application of international human rights law. There is a danger that the new international organizations operating in Kosovo, including the European Union Rule of Law Mission (EULEX) and the International Civilian Representative (ICR), will compound the failure of the United Nations Mission in Kosovo (UNMIK) to ensure a tolerant, multi-ethnic society in which equality, non-discrimination and the rights of minority groups are protected.

No political will   

A lack of political will among majority Albanians and poor investment in protection mechanisms have resulted in minority rights being eroded or compromised in the post-independence period. Smaller minority communities have yet to see resolution or redress for oppression and human rights violations since the late 1990s, such as attacks and occupation of the homes of Bosniaks, Croats and Gorani, and an inability to exercise their language rights in public for fear of harassment. Many smaller minorities, such as Roma, Ashkali and Egyptians, who were displaced from their homes, have faced severe difficulties in returning.  Smaller minorities also suffer from lack of access to information or to tertiary education in their own languages, and discrimination due to association with the former Serb majority. This, combined with tough economic conditions, means that some members of minority communities, including Bosniaks and Turks, are starting to leave the new Kosovo altogether.

Organisational mess

Far from addressing Kosovos deep-seated problems, in the period since the declaration of independence, the actions of the new Kosovo authorities and the international community have instead created uncertainty and confusion, with increasingly complex, multi-layered executive governance structures in Kosovo. As a result there are currently numerous international and domestic actors with interrelated yet conflicting mandates operating in Kosovo. Since independence, the international community has been preoccupied with resolving legal and institutional complications surrounding the status of their international missions. Yet structures put in place have also perpetuated international actors lack of legal accountability and complicated minorities access to the European Court of Human Rights (ECHR) and to other international legal remedies against Kosovo authorities. They have also made engagement with and formulation of policy toward Kosovos smaller minority communities a low priority. Given the history, the European Union (EU) and other international actors should instead accord a central role to promoting the rights of minorities in Kosovo, including by improving the critical assessment of Kosovos record on minority protection as part of the EU accession process.  More also in my article  "EULEX, UN and mess-up in Kosovo"

Reversing needed

MRG warns that unless this trend is reversed, it will see the steady migration of minority groups who have lived in Kosovo for hundreds of years, such as Bosniaks and Turks, and who have other states to migrate to. A decade after the conflict people from minority communities still languish in displaced camps in dire conditions near Mitrovica. For Ashkali, Egyptian and Roma, who have no other countries to escape to, these trends are likely to lead to engrained poverty and further marginalization for generations to come, the report says.   One description about Roma case in Mitrovica can be read from my earlier article "UN death camps, EU money, local negligence"  

 

Lack of accountability

 Also Amnesty International has came to similar conclusions.  It accuses UNMIK for human rights violations in its recent report  on the human rights in the world.  AI noted that UNMIK has failed to address violations of human rights committed by the international community in Kosovo and the war crimes cases. The report also claims that the number of refugees that have voluntarily returned to Kosovo is very small.  AI said that the Constitution of Kosovo adopted by its Assembly has failed in creating effective institutions for overseeing human rights and guaranteeing rights of women and non-Serb minorities.

Lack of accountability persisted for past human rights violations by UNMIK personnel against people in Kosovo. In October the EU agreed that US citizens participating in the EULEX mission would not be accountable to the EU for any human rights violations they might commit. Impunity for past inter-ethnic violence prevailed. In July the OSCE reported that only 400 prosecutions had been brought in 1,400 cases reported to the police after the ethnic violence of March 2004, in which 19 people were killed and more than 900 injured. Trials were delayed when witnesses, including police officers, reportedly failed to attend court or provided conflicting statements; sentences imposed were inconsistent with the gravity of the offences.

Bottom line

To avoid further ethnic cleansing and grave human rights abuses, it is particularly important to examine how to address this recognized deficiency when protecting minority rights.  From my point of view especially EU - as biggest donor and as implementing its biggest civil operation in Kosovo – should revise its practice with civil crisis management operations.  The key elements according my opinion are 

  • realistic situation analysis instead of appropriate political presumption,
  • participatory planning together with local stakeholders instead of desktop planning,
  • full project cycle management instead of ad hoc projects and
  • utilizing feedback from the operational theatre instead of fixed programs.

 More about tensions in Kosovo e.g.



 

10th anniversary of Nato’s attack on Serbia

March 24th was held the 10th anniversary of Nato bombings against Serbia.While remembering this intervention I would like to highlight some basic issues before, during and after bombings 1999:

  • Public justification was based to fabricated, manipulated and one-sided reports by U.S. like earlier in Bosnia and after e.g. in Iraq-case.Although reliable figures are beginning to emerge, the final death toll from the Kosovo war remains unknown, and has become the focus of considerable debate. Some Western government and NATO officials suggested during the war, when figures went as high as 100,000;The New York Times reported, "On April 19, the State Department said that up to 500,000 Kosovar Albanians were missing and feared dead. Through its own research, Human Rights Watch documented 3,453 killings by Serbian or Yugoslav government forces. (More in HRW report )
  • The bombings and later orchestrated unilateral declaration of independence (UDI) of Kosovo Albanians were against international law and violation of the UN Charter, Helsinki Accords and a series of UN resolutions including the governing UNSC resolution #1244
  • The big refugee problem started during Nato bombings, after one week from start 300.000 refugees, in April 850.000 refugees. Earlier before -90s Serbs had moved out from Kosovo partly because they felt themselves as discriminated by Albanian majority; during -90s Albanians moved out due the same reason.
  • The actions of the Nato campaign – named as Merciful Angel – were offically Decoydirected toward "interruption of violent attacks being carried out by the Serbian Army and special police forces and the reduction of their capabilities".Nato planes destroyed 4 % of its military targets during bombing – partly because for avoiding own casualties they cowardly launched missiles so high that could not make difference between wooden decoys and real weapons.Instead of military targets the main damage was made against civilian targets.  Nato destroyed e.g. an embassy (China), a prison (Istok), three column of Albanian refugees (81 dead March 13th and 75 April 14th), radio-tv station (Belgrade, 16 civilians dead), a passenger train (Grdelica bridge, 14 dead), also a number of infrastructure, commercial buildings, schools, health institutions, media houses, cultural monuments were damaged or destroyed.Some 2.500 people (mostly civilians) were dead, material civil infrastructure damage is estimated to be some 30 billion dollars.
  • Bombing civilian targets, using cluster and DU (depleted uranium) bombs can be seen as war crimes or at least violations of international law and the Geneva Conventions in particular.
  • Just after bombing Albanians started ethnic cleansing of Serbs under eyes of KFOR peacekeepers who had made “humanitarian intervention”. The vast majority of those people - Serbs, Roma and Gorani - were forced out by ethnic violence and intimidation and still live in dreadful conditions in camps and emergency housing in Serbia.
  • After bombing almost all Albanian refugees have returned while only tiny fraction of Serb refugees – or officially internally displaced persons – have returned to Kosovo. The remaining Serbs in Kosovo are barricaded into enclaves keeping their lives mainly with help of international KFOR troops or in de facto separated Serb majority region in North Kosovo.This has changed former multi-ethnic province more mono-ethnic one.
  • The same ethnic cleansing was repeated March 2004 and again UN Mission in Kosovo was bystander and could not bring perpetrators up for trial. (More in my article “Pogrom with Prize”)
  • The aim of international community was to build “standards before status”,on 2005 the task was seen impossible so the slogan changed to “standards and status”.Even this was unrealistic so Feb. 2008 “European”standards were thrown away to garbage and "status without standards" precipitately accepted by western powers.
  • According western powers the UDI was said to “unique” – instead it serves as precedent to nearly 5.000 ethnic or separatist groups in the world.
  • A state normally needs statehood structures, executive power over own territory and sustainable economy.InKosovo two first elements are on hands of international outsiders and the export of province can cover 5-10 % of import - the rest is covered mainly by international aid and organized crime.
  • The outcome today is a quasi-state with good change to become next “failed” or “captured” state if international community does not firm its grip in province.Today’s Kosovo is already safe-heaven for war criminals,drug traffickers, international money laundry and radical Wahhabists – unfortunately all are also allies of western powers.

Solution?

It’s easy to blame the situation today in Kosovo on U.S foreign policy.After implementing its failed attempt to please Muslim countries, after increasing the profits of its military-industry-complex and after creating one of its biggest military complex in Europe U.S. is covering its track record an leaving he whole mess to its lapdogs in EU.As a result of EU’s short-sighted post-conflict management policy they must again throw away few billions of EU taxpayer money to keep flag in international protectorate and safe haven of drug cartels – in artificial creature with no realistic visions nor exit strategy.

From my point of view the solution could be to finally put that reset button and go go back to Jan 2008.The exit strategy could start by U.S. withdrawing it recognition of Kosovo UDI. After this the real talks between local stakeholders can start without predestined outcome.The compromise can be any of countless different territorial autonomy models, the parties can even create a new one or agree some partition of province.The only important thing forsake of sustainability would be that local parties make the deal and outsiders only facilitate it.This process could also reset the international law, prevent similar violations in future and put focus from old wrongdoings towards future.


More my views in my BalkanBlog!

Kosovo March/February 17th: Pogrom with Prize

This post was first published in TH!NK ABOUT IT site 17th February 2009.

It is nearly five years since the outburst of ethnic Albanian violence in Kosovo on March 17, 2004, when 19 people killed and 954 wounded and when 35 Orthodox holy sites were ruined in two days. This pogrom got its prize a year ago on February 17th when Kosovo Albanians unilaterally – but orchestrated by western powers - declared independence of this province.  The events showed way to all separatist movements on the globe that violence is accepted method to attain political goal.  They also uncovered the EU's nonexistent skills with crisis management and designing anything else than already dead road maps for conflict resolution.

Those two dates are well remembered in all ethnic groups in Serbia and its separatist province, although from different perspectives. Also international community, especially EU should remember them as they have lost their perspective in West Balkans long time ago.

March 17th 2004  

Almost 4,000 Serbs were expelled from their homes, six town and nine villages were ethnically cleansed, 935 houses belonging to Serbs and 10 public institutions (schools, health centres, post offices…) were ruined or torched in addition to 35 Orthodox churches (total 150 since bombings 1999) . March 17th violence was sequel to the ethnic Albanian terror and war in Kosovo as a result more than 200.000 refugees or better say internally displaced persons (IDPs) from province.

March 17th showed the total failure of international community in Kosovo. Fabricated, biased or optimistic reports were singing the praises of conflict management and progress, intelligence – lacking touch with local community - didn’t know anything about planned terror. The response of peacekeepers and police was also delayed. The commanders were unreachable, drunk or had hangover due the St. Patrick’s Day celebrations after buckets of Irish whiskey and Guinness.

March 17th finalized IDP problem

After 72 days illegal bombing campaign 1999 international community started wide housing program for refugees and IDPs and with Albanians it was a success while Kosovo accommodated nearly half million more Albanians than before bombing (don’t ask from where those extras came).  Serbs instead were afraid to move back – like it was situation also with refugees from Croatia – so today Serbia is suffering one of the biggest (326,853 refugees and IDPs) refugee/IDP problems in the whole Europe (More in my article “Refugees and IDPs in Western Balkans” )

According to statistics from the UNHCR there are about 206,000 IDPs from Kosovo living in Serbia. This fact has mostly ignored in western mainstream media. Their attitude is understandable since this media from the very beginning had fixed their one-sided picture about good and bad guys so Serbs somehow deserved their fate. The outcome is that Serb Refugees and IDPs from Kosovo are one of the forgotten and forsaken victim groups in the former Yugoslavia.

After pogrom 2004 new housing program was planned but it is questionable if more people from non-Albanian ethnic groups moved in or out because lack of security. March 17th guaranteed that Serbs are not considering to come back to their earlier homes and those who still live in enclave ghettos are planning to move anytime.


Dream of “European” standards and forgetting them

After reverse ethnic cleansing during Summer 1999 UN started to administer its protectorate. Autumn 2002 UN started to plan and later launched a “standards before status” –policy, 8 milestones to achieve before starting status talks. The first independent review about these “European” standards came public October 2005 in Karl Eide’s report to UN .  Latest then it was clear that Kosovo will not reach European standards in foreseeable future. However growing frustration among Kosovo Albanians made international community to fear that March 17th pogrom could repeat again so status talks started regardless of standards.

On the behalf of UN Martti Ahtisaari - unofficial lackey of U.S.State Department and Nato - held ten rounds of pseudo talks with Pristina and Belgrade during 2006.  Ahtisaari published his biased report which soon found itself in garbage bin and UN started new negotiation round. This time facilitators were better balanced in sc. Troika including representatives of U.S., Russia and EU. This time real alternatives for future status were on table such as Åland and Hong Kong models, partition, confederation, new autonomy model.  Albanian side did not see necessary to negotiate anything because U.S. had already promised independence for them so also this round lead to stalemate. (More about negotiation events here)

February 17th 2008

In December 2007 NATO and EU started to implement coordinated declaration of Kosovo’s independence. Its elements were e.g. following:

  • the US and the EU would take leading roles in “coordinating and managing” Kosovo’s process towards independence
  • a “creative interpretation” of UN SC Resolution 1244would allow for NATO to stay in Kosovo “no matter its status” and for the EU to send its ESDP mission without Security Council authorization
  • Pristina would be asked to “coordinate”their moves and not proclaim unilateral independence without prior signals from Washington and Brussels
  • Serbia would be sent a “sweetener”in the form of a promise of accelerated candidate status in exchange for “constructive disagreement”.

The EU would build a “unified” positionby creating a framework which would allow for Kosovo’s independence, but decisions on recognition would be subject to national decisions, procedures and frameworks, meaning that EU members would not be obliged to recognize it.

This scenario was implemented and February 17th 2008 Kosovo declared its independence regardless international law and UN.  The first recognitions came from Afghanistan,  U.S. and other its lackeys followed.

Everything didn’t go like planned in Washington and its Brussels allies.  Bribing of Serbs wasn’t successful;  Russia with other rising BRIC (Brazil, Russia, India, China) countries had their say in UN, recognitions stopped.

When Albanian majority declared Independence Feb. 2008 the idea was to transfer international administration from UN to EU.  However the only internationally accepted UN Security Council resolution 1244 - which says that Kosovo is part of Serbia - stayed valid. So that about independence which in mistake has accepted through some 50 countries.

The UN General Assembly was backing Serbia’s draft to request an advisory opinion of the International Court of Justice (ICJ) about the legality of the unilaterally declared independence of Kosovo.  October 8th UNGA, by a recorded vote of 77 in favour to 6 against (Albania, Marshall Islands, Federated States of Micronesia, Nauru, Palau, United States), with 74 abstentions, adopted a resolution drafted by Serbia and now the case is in Haague.

Today the actual situation on the ground is big mess without any clear exit strategy.  EU is administrating in Kosovo under UN umbrella.  Albanian dominated southern part is continuing its life under EU supervision while Serb dominated northern part will formally continue to be an UN protectorate de facto integrated to Serbia.  However a wider framework is international law and UNSC resolution 1244 ar valid before new resolution will replace the existing one.

International situation escalated immediately by Kosovo’s Unilateral Declaration of Independence – some 5.000 ethnic groups had waited this signal that with violence one can achieve political goals despite international law.  Kosovo was already good excuse for separatist movements during last Summer and Autumn in Caucasia and South America.

From frozen conflict to frozen independence

After agreement with Serbia EU’s rule of law mission (EULEX) finally started end of 2008 after half an year delay.  This filling of power vacuum came in right moment before Kosovo would slide to next “failed or captured state”.  Probably also local population in Kosovo has noticed during short independence experiment that for state more is needed than only flag and anthem.

In an interesting interview of John Bolton in Interfax  , former US Undersecretary of State and Ambassador to the United Nations made e.g. following remarks:

  • US recognition of severed Kosovo province was a serious mistake, leading to an escalation of tensions, instead of calming down the situation in the Balkans.
  • “support to the independence of Kosovo is an atavism that might have made sense 15 years ago, but makes no sense today.”
  • “consensus boils down to the fact that nobody knows where Kosovo is”

Normally I have doubts with thoughts of U.S. neocons but this time Mr. Bolton hit the nail on the head - I can only agree.

Conclusions

It’s easy to blame the today's situation in Kosovo on U.S foreign policy.  After implementing its failed attempt to please Muslim countries, after increasing the profits of its military-industry-complex and after creating one of its biggest military complex in Europe U.S. is covering its track record and leaving the whole mess to its lapdogs in EU. As a result of EU’s short-sighted post-conflict management policy they must again throw away few billions of EU taxpayer money to keep flag in international protectorate and safe haven of drug cartels – in artificial unsustainable creature with no realistic visions nor exit strategy.

March 17th 2004 in Kosovo is an example for international community general and for EU missions especial about fatal failure of crisis management when they are short of right situation analysis, when practice is contrary to their ideals and when interests of local stakeholders and internationals differ. The outcome of EU’s nearly nine years efforts for capacity building to create economically sustainable multiethnic society with democratic values could be joke – unfortunately this never-ending story continued February 17th 2008 and is still continuing to unforeseeable future and it is not fiction.


More over Kosovo case in my +30 articles here!

UN adopts 6-point plan for Kosovo - bye bye independence experiment

A week ago I wrote here an article “UN deciding over plan for Kosovo – which plan to select?”. On the table was a 6-point plan negotiated between UN and Serbia, and a 4-point plan, a declaration by Kosovo’s separatist government. Now we know the answer – 6-point plan was selected unanimously in UNSC. Next question would be the consequences of decision.

The Decision

The UN Security Council on Wednesday 26th Nov. 2008 in New York unanimously adopted the UN secretary-general Ban Ki-moon's report on the reorganization of the civil mission in Kosovo. Ban’s spokesman Brenden Varma told B92 earlier today that the secretary-general’s report welcomes the positive outcome of the talks on the six points of the UNMIK reorganization and Belgrade’s decision to accept the agreement.

Serbia’s Foreign Minister Vuk Jeremic welcomed Ban's Kosovo report, saying

"The explicit language of the report confirms the status neutrality of EULEX's engagement, which is a guarantee that no part of its mandate can be devoted to the implementation of the Ahtisaari Plan for Kosovo's independence-rejected by the Republic of Serbia, and 'never endorsed by the Security Council,' in the words of the report that is before us today." (Source B92)

"EULEX will fully respect Security Council Resolution 1244 (1999) and operate under the overall authority and within the status-neutral framework of the United Nations," Ban Ki-moon said in the report to the UN Security Council. By working within the framework of the resolution, the mission in Kosovo will not imply any recognition of the territory's independence. (AFP)

The consequences

Analysts in Priština have noted, that accepting the 6-point-plan for would mean that the Kosovo officials would formally lose their sovereignty over North Kosovo, though this sovereignty does not exist essentially. One could think that latest UNSC decision does not change anything. My opinion is that some change will come and that decision opens also new possibilities for future status arrangements. The follow-up could include following aspects:

  • The immediate impact will be that finally EULEX rule of law mission can be deployed throughout Kosovo. This means that some 2.000 experts is coming to secure his sector in Kosovo and hopefully also to make develop local capacities.
  • International administration today in protectorate is a big mess – International Community Office, Eulex, EU Kosovo delegation and Kfor are twisting arms who is doing what and where, in addition there is a group of other powerful actors such as OSCE and liaison offices of foreign countries. The decision streamlines international administration and chain of command at least partially.
  • The local administration will coordinate with internationals in Albanian majority regions and with Serbia in Serb dominated regions. However if the local stakeholders want administer more themselves without international supervision now they have possibility to negotiate future status between Pristina and Belgrade and without artificial time limits.
  • If Pristina and Belgrade want Kosovo to be more than UN protectorate forever they can now adopt some of countless amount of different territorial autonomy models, develop a totally new one between themselves or agree some partition of Kosovo. One could predict that what ever compromise or outcome will mutually be agreed it will also be accepted in UN and other international bodies.

From frozen conflict to frozen independence

UN decision clarifies situation which escalated by Kosovo’s Unilateral Declaration of Independence. This came in right moment before Kosovo would developed to next “failed or captured state”. Probably also local population in Kosovo has noticed during short independence experiment that for state more is needed than only flag and anthem. Now – when e.g. EU still is pumping money to province – is time to build own administrative capacity, hopefully democratic practices and sustainable economy. As UN protectorate – even formally still as one province of Serbia – and by backing of EU funds the population in Kosovo has leverage peacefully, without time limits and predicted outcome to develop its autonomy and next future status.

More over Balkans and Caucasus in my Archives:Blog

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Grumbling in puppet state

In Kosovo fifteen movements and different non-governmental organizations have announced a demonstration for Wednesday (19/11/2008) in Priština against the six-point Serbia-UN plan, which basic idea is to agree EULEX mission deployment to Kosovo. " We invite all citizens of Kosovo to join us an in a demonstration and oppose in a peaceful way the six points which affect the sovereignty and territorial integrity of Kosovo," reads the joint statement.

"The six points proposed by the UN and modified for Serbia , aim to divide Kosovo in two: 1/3 of the territory will be given to Serb parallel structures, which means effective control by Serbia. These points reduce Kosovo's institutional development by deploying Serb parallel institutions in the elements most important for the working of state sovereignty, especially in policing, courts and customs. This is unacceptable", the statement said.

KLA considering violent actions

A bit more harder line represents former Albanian terrorist organization Kosovo Liberation Army and “war veterans”, which have issued a threat of war against the international community that is preserving peace in this Serbian province. Xhavit Jashari - a chief representative of the KLA said, that “when you gain something by war, a war is required to take that from you".

Jashari also noted that the KLA will consider the years after the war only a cease-fire phase and that they will take their arms if Kosovo's "statehood" is questioned as is being done by the EU's civilian plan to bring rule of law to Kosovo.

About legal base

Different Kosovo organizations have come together to express their dissatisfaction and defend the Kosovo conceptualized on Article 1, Paragraph 1 of the Constitution of the country. This article announces the Republic of Kosovo ‘an independent state, sovereign and democratic, unified and indivisible.’ This is a constitutional obligation and Kosovo will become so,” reads the statement.

However a wider framework is international law, UNSC resolution 1244, which states that Kosovo is part of today’s Serbia, temporary under international administration like UN protectorate, before new resolution will replace the existing one. While the resolution is based to agreement with Serbia it is self-evident that UN will negotiate with Serbia about implementation details of resolution.

Pragmatic point of view

Analysts in Priština have noted, that accepting the plan for would mean that the Kosovo officials would formally lose their sovereignty over North Kosovo, though this sovereignty does not exist essentially. This view I totally agree.

In fact, on the ground, today’s Kosovo is a quasi-state with good change to become a “failed” or “captured state” if international community does not have firm grip over province. A state normally needs statehood structures, executive power over own territory and sustainable economy. Two first elements are on hands of international outsiders and the export of province can cover 5-10 % of import - the rest is covered mainly by international aid and drug money.

Instead of demonstrations and war threads it could be wiser to Kosovo Albanians to concentrate building their society and economy with international donors and let Kosovo Serbs to do the same.

More my views over Balkans and Caucasus one may find from my Archives:Blog

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