New Kosova Report

Who is in charge of Kosovo?

Friday, 14 March 2008

Movement for Self-Determination!

Who is responsible for government in Kosovo? This should be a simple question with a simple answer, but as Kosovo is a ‘unique’ case, the answer in this case is also ‘unique’: no-one and everyone.

There are five institutions competing for control: the EU (the ICO and EULEX), UNMIK, Serbia, KFOR and last in line, the Kosovo institutions. Each institution claims to be functioning according to its own interpretation of whichever law justifies their existence: Kosovo has become like a buffet where the only food on offer is slightly different versions of the same cold unpleasant meal. Thus, Serbia and the UN argue that Resolution 1244 is still the fundamental law governing Kosovo’s status. The EU as a body argues that 1244 is still valid, but in a reinterpreted form: this reinterpretation has allowed them to send their Mission to Kosovo, even though some individual members recognize Kosovo as independent, whilst others insist that it is legally part of Serbia. Last in the food chain are the Kosovo institutions who have already surrendered the executive power they never had to the EU. They argue that international recognition of independence and sovereignty is primary, but combine this with acceptance of the reinterpreted form of 1244, which allowed the EU to send its mission to Kosovo. Not a single one of these options provides a democratic foundation for the governance of Kosovo.
Just to add to the confusion, control of territorial integrity lies in the hands of KFOR which is here in Kosovo on the basis of Resolution 1244 – who knows whether for NATO the Resolution is the old version or the re-interpreted version? Kosovo has been denied the right to an army and the UNMIK police force includes units sent from countries which still argue that Kosovo is part of Serbia!

This battle for control has been manifested in a debate which would be hilarious, if it weren’t for the tragic consequences it has for the lives of all the people who live inside Kosovo’s borders.

1) The Kosovo institutions and the ICR, Peter Feith, announced that the 120 day transition of competences had begun from UNMIK. UNMIK declared that it had not.

2) The more that Peter Feith says he will not tolerate any formal or informal partition of Kosovo, the more Serbia makes this a reality on the ground: Just over a week after the declaration, the EU abandoned their office in northern Mitrovica; the Kosovo court house is no longer functioning there; and Serb police in the north have refused to accept orders from Prishtina. Now it is UNMIK stating that it will not allow partition of Kosovo, while its continuing presence here only makes that soft partition inevitable. Already the idea has been floated that as a compromise, the UN could run northern Kosovo, and the EU the remainder.

3) As all of these chiefs, who are not chiefs, reassure us that Kosovo’s territorial integrity is secure, the more obvious it becomes that this is not the case. Those honoring the sacrifice of Adem Jashari recently used the slogan ‘Bac u krye’ (Uncle, it’s done), precisely as Serbia hardened the partition at the River Ibër. Hashim Thaçi, the Prime Minister of Kosovo, proudly established two large signs saying ‘Welcome to the Republic of Kosovo’ at the border with Macedonia and Merdare, but he didn’t place the signs where it really matters: at the border points in Leposavic where Serbian goods are now crossing free of all customs control.

The international community’s stated goal for resolving Kosovo’s status was ‘stability’ based on a model of soft-authoritarian state building. Instead, their inability to unite in support of the will of the overwhelming majority of the people who live in Kosovo has created institutional anarchy, in which the Kosovo institutions are just dumbstruck spectators. For either the EU or UNMIK to re-establish control, there will no doubt, be more negotiations, the outcome of which will be the Ahtisaari Plan plus legitimization of the new reality of soft partition, which both will be unwilling to change. Pieter Feith has publicly admitted that ‘it will take years’ for the EU mission to be accepted in northern Kosovo.
Meanwhile, the people of Kosovo are denied democracy and freedom, condemned to continuing international mis-governance in a dysfunctional state, for which no amount of donor money will make amends. And should they want to hold someone to account, they’ll have to work out exactly who is in charge, which is currently impossible.