Ruairi O'Connell

Rule of Law in Kosovo - and why it matters to us

I chaired a meeting on 24 June drawing together 'Rule of Law' experts from across the British Government to talk about support to the Rule of Law in Kosovo.

In an impoverished, post conflict part of Europe, it is clear that establishing a functioning rule of law is a top priority - and a major challenge.

But it is in our interests to deal with it - for two compelling reasons. Firstly, a functioning rule of law is the foundation for long term conflict resolution - and the prevention of its recurrence. The solutions to the 'drivers of conflict' in Kosovo - those issues that set people against each other - all have a basis in the rule of law. Resolving the fate of the many people still missing from Kosovo needs forensic medical structures. Helping refugees to return home needs functioning courts that can guarantee their property rights. Reconciling a divided society needs a criminal justice system that can give redress to victims.

Secondly, poor states with weak justice and police systems are easy prey for organised criminals; the kind of organised criminals that do damage across Europe, including in the UK. By working with the Kosovo government, and the EU's Rule of Law mission in Kosovo, EULEX, to improve Kosovo's abilities to fight organised and serious crime, we are tackling these problems at source.

I've written before about Kosovo's image abroad. Kosovo is known for having a serious problem with organised crime. However, even this can have a lighter side. After a large robbery in the UK, a local police service in England released details of a reward for information. We were contacted by a man who claimed to have information about the perpertrators and their addresses. We were excited; this was a large case, and it would be good to show that international co-operation could bring immediate results. I arranged for him to be interviewed by a British police officer serving in the UN, and I translated. As he arrived, the man introduced himself, and then said that "Jhon Smith" (sic) from "Djibt in Scotland" was responsible. How did he find this out, I asked? From my 'professional system' - he was a 'mjek popullor' - a witch doctor - and had used a ouija board. We just about managed to end the interview before collapsing into fits of laughter. That day's lesson - yes, there's a problem in Kosovo, but don't over-estimate it and end up chasing shadows.

For every one of these lighter moments, the Embassy assists on a large number of serious criminal investigations, by helping co-operation between Kosovo and UK law enforcement officers. But the most important contribution from the UK to the fight against crime in Kosovo are the numerous men and women who have served with the UNMIK police, and who will serve with EULEX. Their role has been vital in supporting a brand new police force - and the Kosovars appreciate this greatly. Although their work is not always visible in the UK, it has been vital in keeping the UK safe.

Posted at 10:09 26 June 2008 by Ruairi O'Connell  | 

Police and Courts

A friend told me (with some glee) a story today.

He was driving from Pristina to the city of Peja/Pec in Western Kosovo, when he was stopped by a Kosovo Police Service (KPS) officer.
The Officer asked:
"Is this your car sir? Only I notice that it is a private vehicle, but it has a government pass in the window"
"That's because I work for the government"
"What do you do, sir?"
"I'm an advisor to the Prime Minister"
"Congratulations. Anyway, you were speeding, so I'll have to give you a ticket".

Readers from the Balkans will see the relevance of the story. The idea that the police could, or would, issue tickets to senior political figures (and their entourages) is quite a novelty - and a big step forward. In fact, the Kosovo Police Service (or KPS - see  <http://www.kosovopolice.com>) has been a success story in this regard. Created in September 1999, the KPS was created from scratch to be able, eight years later, to take on the primary responsibility for policing in Kosovo. A poll this week recorded a 79% satisfaction rate amongst the Kosovo population. A considerable achievement in such a short period of time.

However, this shouldn't disguise the challenges that remain. Whilst the public have faith in the KPS to carry out core policing tasks, maintaining public order and policing traffic fairly and effectively, they remain unconvinced about the police's ability to investigate more serious crime. And the KPS, whilst enjoying support from the other communities, is not much trusted by the Kosovo Serbs, mostly due to its perceived failings in investigating serious crimes (where actually the picture is mixed; little success in the aftermath of the 1999 conflict, but, for example, over 150 convictions following the March 2004 riots).

This contrasts with the poll results for the court system - just 18% trust. The latest European Commission report (http://ec.europa.eu/enlargement/pdf/key_documents/2007/nov/kosovo_progress_reports_en.pdf) sets out the shortcomings well: "the system remains weak". I suspect that the international community finds it easier to support police development than the court system; it's easier to understand, and we've had more practice. Even so, it is vital to get the court system right; there is no point having a professional police force if the court system cannot provide 'downstream' support. A taxi driver (a great barometer for diplomats), on discovering I was a British diplomat, said, unprompted, that he looked forward to the EU Rule of law mission arriving in Kosovo (see <http://www.eupt-kosovo.eu>). He hoped that the EU would take what he called "harsh measures"; no national pride to damage, he hoped that the EU would be fearless in investigating crime - wherever the investigations lead. That's why, I told him, that the EU will deal not only with the police, but also with the court system. I think he approved.

Thanks to Rory and Stefan for their comments. I'm off to see some more Kosovo Serb villagers tomorrow. I'll try and answer your points next time.

Posted at 10:18 07 February 2008 by Ruairi O'Connell  |  Comments[3]