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  | 

The Remains of War

Last week, I went to an event to mark the International Day for Landmine awareness and Assistance, held at a Kosovo Protection Corps (http://www.tmk-ks.org/new/english/fillimi/index.php) site just outside Pristina.

Following the conflict in the 1990s, the legacy of war still casts a long shadow over Kosovo. The event on Friday was a reminder how important it is to deal with this legacy - both physical and societal.

During the war, the Yugoslav armed forces used landmines extensively across Kosovo. Many, even most, of these minefields were not properly marked, vastly complicating their removal. On top of this, Kosovo still has traces of unexploded bombs in certain areas dating from the conflict; last week, a man was killed tampering with such a bomb. Together, these are known as unexploded ordnance (UXO)

Since 1999, 112 people have been killed in Kosovo by UXO, many of them children. However, from thousands of contaminated areas in 1999, there now remain only 60 areas to be cleared, with 73 to be checked. Much of this work was completed by the explosive ordnance disposal (EOD) teams of the KPC, who have cleared over 700,000 square metres throughout Kosovo.

Under the guidance of UNMIK's KPC Co-ordinator (a British Major General), the KPC has built up an impressive EOD capacity, which was on show on Friday. This has meant that a national organisation, rather than an international NGO, has taken the lead in clearing Kosovo of the material legacy of war. They, as with all the other mine clearers and EOD teams in Kosovo and across the world, risk their lives daily to deal with this menace. I was struck most of all by the seemingly low-tech nature of much of the kit; the KPC use plastic funnels, like you would find in the kitchen, to mark and isolate pieces of UXO. It takes a certain kind of courage to do this for a living.

This UXO is as much part of the legacy of conflict as the small arms that still blight Kosovo. My piece on small arms attracted some comments. My understanding is that there is a tradition of holding arms across the Balkans, particularly in more remote areas. But also, as with other conflicts, the proliferation of small arms is a legacy of conflict, too. The problem will not be solved over night - the sheer scale shows that. And not everyone wants to give up their arms just yet. But the overall direction of travel is the right one.

The legacy of conflict is more than just physical - it is societal, psychological. And so the KPC contribution is significant beyond their concrete involvement with UXO-clearance. The KPC was formed following the demilitarisation of the Kosovo Liberation Army, after the conflict in 1999. A civil emergency organisation, it has worked on EOD, flood and fire response, as well as a range of humanitarian projects across Kosovo. However, its original provenance of ex-KLA members means that it has provided a clear way to reintegrate former fighters into society - and to get them contributing to reconciliation. I noted in a previous post the presence of a former KLA commander at an event against small arms. The point is that, after any conflict, it is vital to give former combatants a way to demobilise, and contribute to society - whatever one thinks about the group in question. Secondly, following last month's tragic explosion at Gerdec in Tirana (see http://news.bbc.co.uk/1/hi/world/europe/7299187.stm), the KPC EOD teams were the largest international contribution to the clean-up operation. Just over a month after Kosovo's independence, this was a clear demonstration that Kosovo can contribute internationally. Conflicts world-wide share similar legacies; be they physical, social or psychological. Dealing with all these legacies is a vital foundation to preventing a resurgence of conflict.

Posted at 10:20 15 April 2008 by Ruairi O'Connell  |  Comments[2]

A troubled day in Northern Kosovo

A troubled day in Northern Kosovo.

On Friday 14 March, a mob, armed with metal bars, overran and destroyed the police points outside the court in North Mitrovica, and occupied the building. UNMIK made clear, early on, that such behaviour would not be tolerated, and the SRSG directed the police to restore law and order in Northern Mitrovica.

UNMIK attempted throughout the weekend to talk with those occupying the court to resolve the issue. By Monday, it was clear that these efforts would not bear fruit. UNMIK also had intelligence that K-Serb extremists were planning to attack another building in Mitrovica (either police or prison). So, in the early hours of 17 March, UNMIK Police, supported by KFOR forces, entered the court building and detained those still occupying the compound. They did not use force - they didn't need to (but they did, naturally, handcuff those they  detained ). They made preparations to remove them for questioning elsewhere in Kosovo .   

In response, an angry mob of Serbs formed by the courthouse. When UNMIK tried to move the second group of prisoners, they attacked the convoy, using vehciles to block its path, and set the prisoners free. They then turned their attention to KFOR and UNMIK  at the courthouse, whom they attacked with rocks, firearms and grenades. Over  50 police and soldiers were injured, some seriously. 1 Ukrainian police officer, tragically, died of his injuries. KFOR and UNMIK were forced to defend themselves from the mob; Serbian media have reported 60 injured amongst the inhabitants of Mitrovica.

These are the facts of the matter as I understand them (see the UNMIK/KFOR press briefing [PDF] for more details, or the BBC report )

Serbia's 'Minister for Kosovo and Metohija'*, Slobodan Samardzic called  the arrests 'unjustified', and accused  UNMIK of violence.

But in a situation where a Serb mob overran and occupied the Court (which is run by UNMIK  under UN Security Council Resolution 1244 - see unmikonline)  and  UNMIK exhausted every effort to persuade them to surrender with no success, the police would be justifed in taking action to resume control of the court - without harm to those inside.  

And in a situation where  the police came under sustained fire from an angry mob while carrying out its duties, the police, supported by KFOR, would be justified in responding with the minimum force necessary to retain control of the court building and protect their own personnel.  

For two weeks, the court has been the focus of protests, and attempts at capture, by a group of former employees of the Serbian court system. This has prevented the court from carrying out its work for some time (the court covers all of Mitrovica region - not only for the Serb community). The protestors claim that they were expelled from their jobs in 1999, and only want them back. This is misleading. In 1999, the Serbian Court system (run by Serbs, for Serbs) was, along with other Yugoslav state structures, removed from Kosovo. In its place, UNMIK established a multiethnic  judicial system, run for all Kosovo's communities. The protestors are not simply asking for their jobs back; they are asking us to turn the clock back to 1999, to an unacceptable situation where Kosovo Albanians were denied access to justice .

What we saw yesterday was an attack on law enforcement officers trying to carry ot their duty in ensuring justice for all in Kosovo, as mandated by UN Security Council Resolution 1244. To call this unjustified and to accuse UNMIK of violence seems to me like a return to the worst thinking of the past and echoes the kind of behaviour, and tactics, we saw in the Balkans in the 1990s.

*More name issues. During Kosovo's period of autonomy in Yugoslavia, it was known simply as Kosovo; when Milosevic came to power, he renamed the province to an earlier Serbian name - 'Kosovo and Metohija', Metohija being the Western part of Kosovo (known as Dukagjin by Albanians) home to many of the most historical Churches - from metokhe, Greek word meaning religious community. UNMIK, and the British government, simply use Kosovo.

Posted at 11:48 20 March 2008 by Ruairi O'Connell  |  Comments[1]