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Transitional justice in the Republic of Kosovo

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Albin Kurti, Vetevendosje leader
“One is in a transition precisely by being certain that transition will end soon within a definite timeframe. In this sense we are not in a transition, since we are always in a transition. International rule in Kosovo never had nor has nowadays a time limit. UNMIK recently took care to make this even clearer: the word ‘transition’ has already been replaced by the word ‘reconfiguration’. Does this mean that ‘transitional justice’ should be renamed in Kosovo into ‘re-configurational justice’? Justice does not happen outside the coordinates of the political system. Justice of a monarchy, justice of a democratic republic, justice of a colony, justice of a protectorate are very different.

So, what kind of political system have we had so far? For almost nine years UNMIK was a non-democratic ruler over Kosovo. It is non-democratic in a double manner. First, non-democratic in itself: top-down command, no internal democracy in decision-making. Secondly, non-democratic for Kosovo: domestic institutions were normatively and politically subordinated to UNMIK in an inclusive and absolute way. At best, UNMIK gave to our institutions what Pierre Bourdieu calls the left hand of the state (education, health care, culture) but always kept for himself the right hand of the state (army, police and judicial system).

The paradigm of the UNMIK rule was stability, not progress. Consequently there is no economic development: we have been promised a market economy but we ended up with a market without economy (there is a huge trade deficit where export/import coverage is only 5%). Likewise, security is viewed in military terms and is never connected with the social wellbeing and perspective for a better life for citizens. Finally, this stability, of the paradigm of stability in Kosovo, is the stability of economic stagnation and of social misery.

The other side of the same coin is the so called authoritarian state building. Similar to Bosnia, the state in Kosovo has been forged from above. Local political elites were co-opted, local politicians became the richest people in the country. International bureaucrats tolerated their corruption because they were paid back with political submissiveness and obedience. Ultimately, Hashim Thaçi and Oliver Ivanovic were integrated together but not Albanians and Serbs. Hashim Thaçi and Oliver Ivanovic were needed because they were at the top (authoritarian state building), and because they were seen as ones who can maintain stability. The people were not needed because they were below (authoritarian state building means that you never really go below and reach people) and the people were not needed since there was never a plan for development for which people are needed.

Actually, it is worse than this. There are no people in Kosovo. There are only different ethnicities. Multi-ethnicity is the concept with which the lenses of international rule are built. What in modernity were ‘tribes’, in post-modernity are ‘ethnicities’. Since the year 1999 onwards, the approach as well as the starting point was ethnic. UNMIK identified, like in a terra nullius: Albanians, Serbs, Roma, Turks, Egyptians, Bosniaks and Ashkalis. Therefore, it started from ethnic belonging, from differences, not from what is in common, what is universal among people – not from their need for freedom, dignity, jobs, qualitative education, health care, and social insurance. For all these, economic development is needed, but Kosovo is dominated by the paradigm of stability not of development and progress. (80% of international donations went into so-called technical assistance.) Just as they proclaimed that they’re building democracy while acting in an authoritarian way, UNMIK tried to accomplish multi-ethnicity in an ethnically based manner. UNMIK did not see human beings, individuals, citizens, pupils, or students etc. in Kosovo. It sees only Albanians, Serbs and other communities. Individuals to UNMIK are random samples of particular collectivities.

The paradigm of stability puts aside history. History seems like a disturbing factor to apparent peace. There were many conferences on dealing with the past after the war organized by international organizations but there was no dealing with the past. In many conferences and seminars participants talked about dealing with the past and concluded that dealing with the past was crucial, but that never happened. These conferences were dealing with dealing with the past in order to make sure that we won’t really deal with the past; the necessity for dealing with the past was spoken out loud in order to make sure that it will be perpetuated as necessity. This combined with the lack of plans for the future, again due to the paradigm of stability, made us end up in a situation where we have no recognized past nor foreseeable future, and we are entrapped in what Frederic Jameson calls ‘postmodern immediacy’. This is the reason why action in politics has degraded into behavior and speech into gesture. Hashim Thaçi is a prime example of this.

The paradigm of stability which negated history and deprived us of a future is the political and systemic obstacle for justice regarding the crimes of the past. In this respect, the Hague Tribunal for the former Yugoslavia and Department of Justice in Kosovo were two opposites of the same. The Hague Tribunal tried to compensate its lack of independence with an impartiality which is built by taking from all sides: a few Serbs, a couple of Croats, Bosniaks and Albanians. The Department of Justice compensated for its lack of independence also by impartiality which is built differently: by doing nothing. There is no justice for the 12.000 killed Albanians, the thousands of raped Albanian women, and the 2.000 Albanians still missing or for several hundred killed or missing Serbs and Roma.      

After the declaration of independence not much has changed. Since we didn’t get independence through self-determination, this independence lacks substance. We have no real sovereignty or territorial integrity. This "independence" is mainly happening on TV. When the electricity goes off, it takes away the independence, too. Our government is a double void. First, it lacks important ministries like that of defense (including an army) and foreign affairs. Secondly, the ministries that do exist lack crucial competences. The Minister of Internal Affairs has no control over the Kosovo Police Service (KPS) even though the KPS is financed from the budget of Kosovo, the Ministry of Energy and Mining has no control over KEK and Trepça – they belong to the Kosovo Trust Agency (KTA), the Ministry of Transport and Communication has no control over PTK, the airport or the railways – again, they belong to the KTA.  

The EU mission will be a bureaucratic attachment to UNMIK, since Resolution 1244 will continue to be valid. Just like UNMIK officials and personnel, EULEX wants, and will have immunity from Kosovo's law. EULEX won't be accountable to the people of Kosovo, and we can't hold them responsible - by default. Paradoxically, 2200 policemen and judges that will be above the law will have as their priority the rule of law. In fact, Kosovo doesn’t need a UN mission here, but our own seat at the UN. Likewise, we don't need an EU mission to rule over us, but Kosovo's inclusion into the EU as an independent, sovereign state.”

Vetevendosje (self-determination) Movement opposes international administration of Kosovo.


Comments (1)

Kujtim Zenelaj said:

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...
We have no real sovereignty or territorial integrity. This "independence" is mainly happening on TV. When the electricity goes off, it takes away the independence, too. HAHAH Great essay !
 
May 29, 2008
Votes: -1

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