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  | 

Europe Day

9 May is Europe Day, marking the Schumann Declaration on 9 May 1950 which set the foundations for the European Union.

In Kosovo, the first post-Independence Europe Day has special significance. I have written previously about Kosovo's desire to enjoy all the opportunities that were denied to her until now. People feel that they have been watching a party from the sidelines; they have watched many of their neighbours pass through transition and join the European Union, and they are impatient to join them in this process.

I've also noted the realism here about Independence. People know that it is the start - not the end - of a journey. We used to talk, rather coyly, about Kosovo's 'final status', rather than independence. But this is misleading. There is no 'end state' for economic and democratic progress; there is always room for further development. The Kosovo Government's slogan for Europe Day says it all "And Now - The European Union".

Kosovo is, in this respect, very lucky to be in Europe. States risk losing political cohesion following independence. But Kosovo has ahead of it a long-term, all-emcompassing political vision, around which there is political and social consensus. And there needs to be. EU integration is a long and difficult process - and well it should be. It's not like joining any other international organisation. It is not simply a treaty commitment. Rather, for countries in transition, it is a top-to-bottom reworking of the state, to meet the standards and practices of the European Union (known as the 'acquis communautaire'. For the Western Balkans, accession is the last step in the 'Stabilisation and Association Process', guiding the states from conflict to accession.

Somewhat strangely, the 'Self-Determination' Movement (known by its Albanian name - Vetevendosja) chose to hold its latest protest on 9 May. One would have thought that their main demand - Kosovo's independence - was met on 17 February, when Kosovo declared independence. Instead, Vetevendojsa changed tack, claiming that Kosovo wasn't 'really' independent. Instead, they chose Europe Day to protest mainly about the Serbian elections (see below), but also to directed their anger at the Kosovo Government and UNMIK. They threw rubbish at the government and UNMIK, and sprayed sewage at the buildings, and at the Kosovo flag. I think people will judge for themselves what resorting to these tactics says about the strength of Vetevendosje's arguments.

In fact, the EU integration process is worth the effort. Not only does EU membership bring obvious benefits (including full access to the a huge potential market - something vital if the Western Balkans, or indeed any individual member state, is to attract foreign investment), but the reform process itself brings benefits across a range of areas (good government, anti-corruption are two obvious ones in this part of the world), and each step in the process is a reaffirmation of progress.

Posted at 10:58 12 May 2008 by Ruairi O'Connell  |