Kosovo

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Kosovo

• Olympia Summer Seminars 6-17.7.2009
• Paivi Nikander, ICO Decentralization Adviser
• Comprehensive Status Settlement and its
  implementation challenges

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Background

• 1995 Dayton Agreement ended the Bosnian War
• 19981999 War between Yugoslav army/police
  forces/paramilitaries and Kosovo Albanian
  paramilitaries.
• March 18, 1999 the Albanian, American and
  British delegations signed the Rambouillet
  Accords while the Serbian and Russian delegations
  did not agree.
• October 1998 -March 1999 Kosovo Verification
  Mission established by the OSCE Permanent
  Council to verify the situation and give
  recommendations.
• March 24-June 10, 1999 NATO bombing of the
  Federal Republic of Yugoslavia
• June 10, 1999 the UN Security Council passed
  Resolution 1244, -Kosovo under
  transitional UN administration (UNMIK)
  -NATO-led peacekeeping
  force (KFOR)
  -Establishment of
  provisional institutions and provision for
  political process to determine Kosovos future
  status
  -Territorial integrity of
  Yugoslavia.
  -All
  concerned cooperate with ICTY.

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Ahtisaari negotiations

• April 2002Standards before Status
• March 2004 Riots
• November 2005 UN Security Council endorsed Kai
  Eide's conclusion, all sides need clarity with
  regard to the future status of Kosovo, and
  launched Status Process.
• January 2006 UN-backed talks, led by UN Special
  Envoy Martti Ahtisaari, began.
• February 2007 Draft Status Settlement proposal
  delivered to leaders in Belgrade and Pristina,
  the basis for a draft UN Security Council
  Resolution which proposes 'supervised
  independence' for the province.
• April 2007 Russia would not support any UN
  resolution which was not acceptable to both
  Belgrade and Kosovo Albanians.

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Independence

• Kosovo declares independence on 17 February 2008.
• Kostunica states that Serbia will never recognize
  false state.
• 60 countries recognized the independence of
  Kosovo
• Membership of IMF and WB
• Comprehensive Status Proposal (CSP) to be
  implemented unilaterally by Government of Kosovo
• CSP becomes a part of the declaration of
  independence and Constitution, showing commitment
  to the minorities in Kosovo.

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Comprehensive Status Proposal

• Human Rights and Fundamental Freedoms
• Rights of Communities and Their Members
• Rights of Refugees and Internally Displaced
  Persons right to determine place of return
• Missing Persons
• Local Governance and Decentralization
• Justice System and Rule of Law
• Religious and Cultural Heritage
• Economic and Property Issues
• Security Sector
• Elections
• Constitutional Commission

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International Supervisory Structure

• Supports Kosovo Independence
• International Civilian Representative (ICO)
• Status-Neutral Framework under SC Resolution 1244
  
• European Union Special Representative (EUSR)
• European Security and Defense Policy Mission
  (EULEX)
• European Commission Liaison Office (ECLO)
• International Military Presence (NATO/KFOR)
• Organization for Security and Cooperation in
  Europe (OSCE)
• Upon the entry into force the CSP and after 120
  days transition period UNMIKs mandate was to
  expire. However, it is still in place even with
  the reduced mandate with some 500 personnel.

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International Civilian Office

• Mandate
• Powers set in CSP which prevails before
  Constitution
• EU 27 contribution in Joint Action
• Advising on and supervising the Implementation of
  CSP
• Co-ordinating international engagement in support
  of Implementation Process
• Exercising defined intervention powers
• Structure
• Planned staff 270 staff including
  Regional field
• 
  structure
• Budget 19 million/2008, 21 million/2009
• Contributing states EU/USA/others

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EULEX

• Mandate
• EU 27 agreed the Joint Action
• Assist and support the Kosovo authorities in the
  rule of law area police, judiciary and customs
• Monitor, Mentor and Advise whilst retaining a
  number of limited executive powers.
• Structure
• Planned staff 3,000 Budget
  205 million Euros for the first
  16 monthsContributing states EU Member states,
  Norway,
• Switzerland, Turkey, the US, Croatia and
• Canada.

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Relationship of ICO and EULEX Missions

• International Steering Group (ISG)

Head of CFSP Javier Solana BRUSSELS
Local political guidance
International Civilian Representative/ European
Union Special Representative (ICR / EUSR)
Head of EULEX Yves de Kermabon
EUSR Team
EULEX
Security Related Customs Issues
Police
Justice
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NATO/KFOR

• Mandate
• Peace support operation mandated by UNSCR 1244
• Ensure a secure environment, public safety and
  order
• Standing down of Kosovo Protection Corps and
  establishment of the Kosovo Security Force (KSF)
  and civilian structure to oversee the KSF
• Structure
• Total number of troops is 13.829, to be reduced
  to 2500 within two years
• Five regional Multinational Task Forces

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OSCE Kosovo

• Mandate
• Human Rights, Security and Public Safety, Good
  Governance
• monitors municipal structures through Municipal
  Teams, communities teams and legal and police
  monitors.
• identifies developments and shortcomings in the
  work of institutions in order to improve
  accountability and effectiveness of the work of
  municipal institutions
• Structure
• Budget 27 million in 2009
• Some 788 staff members, extensive field presence
• Contributing states 54 member states

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Challenges of Kosovo

• Burden of proof for the capability of
  independence
• Good governance and rule of law
• Lack of electricity and water
• Economic development
• Property rights
• Lack of civil trust/freedom of speech
• Historical Injustice/reconciliation process
• Dialogue with Belgrade
• Serb and other minority integration
• 1,911 missing persons
• Over 200.000 ?? people are still displaced
• Euro-Atlantic integration process

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Challenges of Serbia

• Not recognizing CSP without alternative
  acceptable solution and lack of vision to proceed
• Efforts to convince the international community
  not to recognize the independence of Kosovo
  including the case sent to International Court of
  Justice
• Euro-Atlantic integration process/Kosovo
• Maintaining parallel structures in Kosovo and
  Ministry of Kosovo Metohija in Belgrade
• How to politically adjust to the new reality
  role of Kosovo in Serbian identity
• Lack of reconciliation with its past
• Division of Kosovo Serb community

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Challenges of International Community

• Lack of vision for future leads to the parallel
  legal frameworks and absence of rule of law
• European Union is divided
• Economic Self-sustainability of Kosovo including
  transparency
• Decentralization as a solution
• Establishment of the credible court and penal
  system
• Dialogue with Serbia and inclusion of the North
• Reconciliation process
• Reliable regional cooperation

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Kosovo redefining international system

• Concept of state and state sovereignty in
  relation to its constituents
• Governance within the state
• Human rights
• Legitimacy and utility of threat or use of force
  for humanitarian purposes/responsibility to
  protect
• Opposed unilateral secession
• Hierarchies and competences among international
  actors, involving tension between collective
  action and unilateralism, emerge of European
  Security and Defense Policy
• State consent in the settlement of international
  disputes and in acceptance of international
  obligations.
• Marc Weller Contested Statehood,2009, p.5

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Kosovo redefining international system

• Tony BlairThis is a just war, based not on any
  territorial ambitions but on values.
• Russia/Georgia/
• Abkhazia and
• South Ossetia ?
• USA/Iraq?
• Germany/first out of area mission after WWII
  and its unification

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Let us discuss