THE COUNTRY THAT WAS BORN DIVIDED Kosovo Report Field Trip Mission 2017
Content 03 What is on the agenda and considerations by Mattia Bastianelli Gambini 06 Reconciliation process by Diego Costa 07 Societal aspects by Helena Gabriel 09 Roma, Ashkali and Egyptian children in Kosovo by Julia Buchner Main challenges in Kosovo Freedom of Movement Capacity Building Education Corruption / Politics Implementation (Rule) of Law Reconciliation Process / Minority Groups Relationship Intense presence and influence of International Organizations Democratization Unemployment Gender Equality Kosovo: The country remains borderless. Google Maps 1
A LOCAL BEER, PLEASE! Diego Costa District of Mitrovica in a bar after the meetings. I was surprised when I received a Serbian beer, then I replied to the waiter: I ordered a local beer and you bring me one imported. So, he answered something like: this is the beer. This small anecdote represents a huge barrier between people in a Country that was born divided. When you are in Pristina, the capital of Kosovo, is quite invisible the conflicts and rivalry. The differences are more visible near the New Bridge Mitrovica, in which the North and South clash. In one side of the river, you can see Serbian Flags from all over the street. However, on the other side, you cannot see Kosovarian flags. Could it represent a lack of national identity? Or a goodwill policy suggested for International Organizations? Image from internet during manifest against Kosovo independence (25 February 2008) 2
WHAT IS IN THE AGENDA AND CONSIDERATIONS Mattia Bastianelli Gambini After the NATO intervention in Kosovo in 1999, UN Security Council Resolution 1244 ruled an ad interim civic, judicial and police administration of Kosovo, lead by the United Nations Mission UNMIK; an economic reconstruction planned by the European Union (EU); and the institution building run by the Organization for Security and Co-operation in Europe; all with the aim of helping building a new state and creating a common identity out of a bleeding and divided nation. The work of these organizations culminated in 2008 with the unilateral declaration of independence of Kosovo, which the International Court of Justice declared lawful, even though this status is recognized by only a little more than half of the UN member States and 23 out of 28 EU ones. Moreover, 2008 was an important year also because of the introduction of the European Union Rule of Law Mission in Kosovo (EULEX Kosovo): this mission gradually took over the functions of UNMIK, with a strengthening and an executive divisions. Building a new state and creating a common identity The main approach adopted by these organizations is a gradual decreasing control aimed at achieving a progressive autonomy of national institutions. In other words, these missions are supposed to cease their functions, once the objectives set will be reached and Kosovo will be ready to stand for himself and abide by the rule of law. Currently, the most pressing challenges for these organizations and the national government are: Visa liberalization for Kosovo s citizens: even though negotiations with the EU are ongoing, the lack of a proper agreement for the freedom of movement in the area is a problem for Kosovars; a problem which will not be solved until the deal for the borders 3
demarcation with Montenegro is signed and corruption is eradicated from the country. A well-functioning judicial body able to prosecute perpetrators of war crimes (from all sides). A Specialist Chamber located in The Hague is executing this function, however it is not bringing to justice all of them. A serious and organized fight against corruption; a stain that is hard to wash away and that is tremendously slowing down the process of improvement. Overcoming the sharp division between Kosovar- Albanians and Kosovar-Serbs and building a common unifying identity for all Kosovars. But what are these international organizations doing about these issues? And how does the local population perceive them? During our trip to Kosovo we had the chance to hear many different points of view regarding these topics, from politicians to media, from civil society actors to international organizations representatives, with the biggest difference of opinions being between civil society and missions representatives. In fact, during the first three days in Pristina we met Senab Sabovic (Head of the Office of Political Affairs and Communication OSCE Mission Spokesperson), two representatives from the EULEX mission (substituting the Head of Executive Division) and Gertraud Marx- Leitenberger (EULEX Judge); they presented the purpose of their missions and details of their jobs in Kosovo. EULEX mission (substituting the Head of Executive Division) and Gertraud Marx-Leitenberger (EULEX Judge); they presented the purpose of their missions and details of their jobs in Kosovo. EULEX spokespersons highlighted the importance of building rule of law institutions and the approximation of EU to Kosovo. Furthermore, EULEX has both a monitoring, mentoring and advising mandate, aimed at strengthening institutions, and an executive function, which means that not only they are building national capacities, but they are also directly in charge of some sections with onthe-field presence of their own judges and police forces. Admitting the difficult scenario and the great challenges they are facing, however, in their opinion, the results obtained so far are positive and their mandate will soon be over; even though they might still be needed, especially in the judiciary, given their preparation and organization. On the other hand, local people, representatives from the Kosovar Civil Society Foundation, BIRN Kosovo, Community Building Mitrovica and political analyst Jehuna Ljushaku were more cynical and critical regarding the work done so far. The main critics, moved mostly towards 4
EULEX and UNMIK, were concerning the fight to corruption and the complete prosecution of war crimes; these being overwhelmingly recognized as big failures of the international presence in the country, with accusations of them being as corrupted as the local political class, who found in politics a way to escape charges for war crimes. Furthermore, the specialist chamber is said to be malfunctioning and failing in bringing to justice war criminals; moreover, a veil of omerta is spread across the country, making it extremely difficult to get reliable testimonies. international missions in some areas is undeniable and the locals are feeling part of a failed experiment. Maybe the wide mandate and the need for legitimization from all member States creates paralysis, but it cannot be at the expenses of the population. In a situation that does not seem to move forward and in which many do not fully believe in the potential, a significant change needs to be triggered from grassroots level, by investing more in local capacities. However, I found the most concerning issue to be the lack of a unifying Kosovar identity and the neat division between the Albanian and the Serb sides. Fortunately, both international organizations (the OSCE most of all) and civil society projects are trying to bridge these two communities, especially with younger generations, so that they can come together and overcome resentment and prejudice. Nevertheless, I sensed that the majority of the adults I had been talking to were just feeling Albanian. Building a common identity is the only long term solution for the preservation of peace in Kosovo and a stable cooperation between different ethnic groups. Building a democratic State out of the embers of an ethnic war is an enormous job, however, the failure of these 5
RECONCILIATION PROCESS Diego Costa Some actors of the Reconciliation Process The IBCM University was created in one side of the river with the aim to connect the new generations. The education is the engine for all citizenship origins, not only Albanian and Serbian, but also other minorities (e.g. Bosnians, Turkish and Romanians). Over the years another campus was created, this second on the opposite side. Students witnessed that there is no obstacle for interaction among them. But, the berrier still on the New Bridge to remind local that the division still there. The CBM - Community Building Mitrovica bears the fact that it is the first NGO working to connect Serbian and Albanian parts of Kosovo. Currently, they work in network with 22 institutions in different communities and also teach on Dealing with the past. The OSCE Regional Centre Mitrovica works monitoring the situation in the city, considering diverse aspects. When the main points are not being addressed the Regional start interacting to promote the theme. As example, the municipality zone map showed that the personal contacts (person to person) has improved in acceptance between different ethnicities, but the political speech remains. Criminal Court: prosecuting the heroes of a founding nation? It is quite clear the intense presence and influence of International Organizations in Kosovo. The Humanitarian Intervention was the first intrusive action of the International Community to protect civilians. Regardless of disagreements, Kosovo is seen as part of the continent and the peace in the region means long peace for the whole continent. During our visit, the KFor team explained its future challenges. The border demarcation is conflicting with Serbia and partially with Macedonia, and it is a priority for the acceptance of Kosovo as a country. Constant in the agenda, the political instability and the politicians set the ground for a third watching: A Kosovo Special Chamber in the Hague to judge war crimes. Many Human Rights violations were made during the conflict that emerged as a tenuous tension and converged to the dissolution of Yugoslavia. Asked about why the Special Chamber is a high-risk theme, they answered it may be a reassembly to prosecute Kosovo heroes of the war. It means that for many people the same potential war criminals are the ones who freely the country. 6
SOCIETAL ASPECTS Helena Gabriel Eight instructive and eye-opening days have come to an end. We have had the chance to witness the current state of Kosovo from all imaginable perspectives. We have met state representatives, regional politicians, agents of the civil society and IGO officials. Our experiences could not have been more various. However, what affected us the most was the direct contact with locals, and the stories and opinions they shared with us. Hence, the following evaluation of our Kosovo field trip will focus on the mentality and mindset of the people we met. Cultural characteristics The first things we experienced in Pristina were open-mindedness and high spirits. Whether you walk along the overcrowded streets, stroll in the pedestrian zone or enter one of thousands of nice little cafés you will always be surrounded by young people, who spend their time drinking coffee and communicating with each other no matter what time of the day. Further, locals do not only seem to love to chitchat with each other, they were also very friendly towards and interested in us. All in all one could speak of an atmosphere of liberal minds, a city to feel comfortable. These ease circumstances got complemented by the locals serenity - a City center of Kosovo mentality that was striking to us as uptight Central-Europeans. Stress or hassle seems to be non-existent in Pristina. Residents appear to be or have to be used to the inefficiency in urban infrastructure. A lack in public transport, traffic regulations and buildings maintenance are just a few of many examples that could drive one crazy however not a Kosovar. Despite all that, the atmosphere on the countryside appeared to us much different. In Mitrovica and Peja streets are almost empty, live seemed to have been chased away. To get in contact with locals turned out to be almost impossible. 7
National identity Kosovo is well known for ethnic conflicts or even the epitome of ethnic segregation. Nevertheless, all Kosovar we spoke to in private or within the safe spaces of NGO s denied the existence of ethnic biases. It seemed important to them to show us that all ethnicities in Kosovo are peacefully co-existing especially in Pristina. Meanwhile, politicians or IGO officials continuous appointed the Albanian-Serb problematic as one of the main challenges within the Kosovo state-building process. Therefore, we were surprised about the huge gap between the understanding of the public sphere and the experience of the civil society. Nevertheless, nobody we met introduced himself or herself as Kosovar, but either Albanian, Serb or Bosnian. That fact speaks volumes. A national identity seems to be missing. Political views Contradicting to their elementary optimism many locals have lost hope when it comes to the current political system. They seem to simply have accepted a scheme characterized by corruption and standstill. Furthermore, often IGO s are referred to as the brake of further development, as they take not only responsibility but also accountability from national politicians. Future perspectives Due to the high unemployment rates future perspectives in Kosovo are poor particularly for the youngest generations. Nonetheless, there are no signs of resignation. Quite the contrary, we experienced a fighting spirit, innovativeness and confidence. The locals we met have dreams and visions. They study and strive for a better future for themselves and Kosovo. Generational and gender gap During our time in Pristina it was notable that although streets and restaurants are overcrowded there are very few older people and almost no women to detect. Furthermore, this generational and gender gap was explicitly apparent on the countryside, therefore in Mitrovica and Peja. Societal aspects conclusion In general one can say neither politicians nor IGO s staff members made us believe in Kosovo. Civil society did. 8
ROMA, ASHKALI AND EGYPTIAN CHILDREN IN KOSOVO Julia Buchner The girl on the street The girl sitting on Mother Teresa Boulevard is looking down on the ground. It is Wednesday, the 17th of January and it is cold, even though the sun is shining. Shouldn t she be in school right now?, I hear myself asking. Maybe even in Kindergarten, she can t be older than five or six. Instead, she is sitting on the grey stone plates in the main street in leggings with pink butterflies on them. The people passing her by are wearing warm scarfs, wooly hats and gloves. She has neither of those. I wonder how long she has been sitting here and who forced her to beg. We will meet her again several times throughout our time in Kosovo. The girl in the butterfly leggings most certainly belongs to the Roma, Ashkali and Egyptian community, one of the most marginalized and poorest minorities not only in Kosovo, but throughout Europe. According to a 2012 report by the OSCE on Kosovo Communities Profiles, only 59 children of this specific group participated in pre-school, which equals to 1.16% of the total number of children. Given the fact that an estimated 2% of the general population of Kosovo belong to the Roma, Ashkali and Egyptian community, this indicated that there is a low level of enrolment of this group in the educational system. Lack of education as a root cause for poverty As a 2013 report by Safe the Children indicates, there is a number of reasons for the low enrolment of this community in educational institutions, among those are a low levels of education within families and drawing from that also a lack of support for education, as well as poor economic conditions and early marriages and child labor. This is where a vicious circle begins: The level of education of Roma, Ashkali and Egyptian children is under average, and especially girls also fear high dropout rates. As they grow older, they are less qualified on the working market in comparison to people of the same age from other backgrounds and therefore have a hard time finding jobs, especially given the generally bad situation in Kosovo. This lack of options might force some people into criminality while it pushes others to send their young children to sit on the street for hours in order to get at least some money to get by. 9
Terre des Hommes Terre des Hommes, a Swiss foundation for children s rights, has 20 employees on the ground in Pristina. The organization addresses the difficult situation regarding Roma, Ashkali and Egyptian children via a four-step approach: So far, Terre des Hommes managed to support 90 children at risk of abuse, exploitation, neglect or trafficking in Kosovo. One can only hope that the girl in the butterfly leggings will be one of them soon. Advocacy: There is a general lack of resources in public institutions and social services. The goal is to ensure that children are protected against all forms of abuse, trafficking and exploitation. Therefore, it is necessary to support the government in its efforts to improve the legal framework and to promote cooperation of the different NGOs and social services both on a local and on a national level. Capacity Building: The NGO is closely working together with the university and offers training programs for social workers. There are also so called case-management roundtables where experts from different fields come together to discuss the best approaches to help children in need. The trainers also offer support and supervisions for those working in the field. Migrant children: The organization offers after-school tutoring for children from difficult backgrounds that are having problems keeping up in class Special focus on the inclusion of marginalized communities 10
THE COUNTRY THAT WAS BORN DIVIDED Authors of this report in front of the monument New Born, a symbol of the Kosovo independence. Authors: Diego Costa Fernandes Helena Gabriel Julia Buchner Mattia Bastianelli Gambini University of Vienna Vienna Master of Arts in Human Rights 2018 11