Sun02052012

Last update02:54:17 PM GMT

Justice with an ethnic flavor

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In an interview regarding the opening of a new negotiation process between Belgrade and Prishtina facilitated by UNMIK, Lamberto Zannier, said that, ‘being neutral towards status, I am not going to open negotiations for issues that are connected with status. There are no more negotiations for status, this is not my mandate.”
 
The specific issues for which Zannier is negotiating deal with policing, courts, borders, customs and sites of religious and cultural heritage. In an independent state, these would be domestic issues and definitely not the concern of any other state. The very fact that Serbia is able to influence the shape of the policing or legal system inside Kosova demonstrates that these issues do relate to Kosova’s status.

The actual plans for which Zannier is negotiating – do not forget that UNMIK is supposed to be ‘neutral’ towards status – undermine Kosova’s fragile independence and survival as a functioning state because they create an entirely autonomous entity within Kosova with no links to Kosova’s central institutions. This is exactly what Serbia wants. It will provide the evidence that so far she is lacking, to demonstrate to states who are not sure whether to recognize Kosova, that independence will cause instability in the Balkans.

Zannier’s negotiations are based on the plan outlined by Ban Ki-moon in his letter to Boris Tadić, 12th June 2008. The only authority which this autonomous entity will recognize will be UNMIK on the basis of Resolution 1244 and Serbia, via the parallel structures. On this basis, it is not foreseen that UNMIK will ever leave Kosova. It will remain to oversee its latest political experiment: the management of a country which it has partitioned institutionally on an ethnic basis. When its experiment fails, it will be Kosova and Albanians who will be blamed, not the international community or Serbia, who devised this plan.
   
Whilst demanding on the one hand that Kosova celebrate its multi-ethnicity and repress expression of its dominant Albanian identity, the UN is now seeking that its institutions should be mono-ethnic and separate from Kosova’s central institutions. Justice in Kosova will now be experienced and administered on an ethnic basis. Serbs will be policed by Serbs, who report to the UN and Albanians will be policed by Albanians, who report to EULEX and the Kosova institutions.
 
Ban Ki-Moon’s letter to Tadić agreed that, ‘Kosova Police operating in relevant Serb majority areas should report to international police under the overall authority of my special representative.’ Zannier explained with relation to negotiations about the police that, “there is maybe room to work towards offering a higher autonomy to what I would define as an ethnic police, a police, who belong to a certain ethnic group, and who should have a bigger autonomy within the existing system here.”
 
It is not only the police service which will be constructed on an ethnic basis, but the courts. Ban Ki-moon’s letter stated that, ‘additional local and district courts serving relevant Serb majority areas may be created. They will operate within a Kosovo court system under the applicable law within the framework of Resolution 1244 (1999).’
 
The segregation of our justice system on an ethnic basis is contrary to the principle of equality of all individuals before the law. It is also being used as a cover by Serbia to maintain her influence within Kosova. Serbs will be segregated into a separate system of law and order and separated from Kosova’s institutions by the international community, but at Serbia’s request in order to institutionalize partition.  
 
Vetevendosje (self-determination) Movement opposes international administration of Kosova.

 


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Anna Wiman

Anna Wiman
Freelance Writer and photographer

Elizabeth Gowing

Elizabeth Gowing
Co-Founder at The Ideas Partnership NGO

Henry H. Perritt Jr.

Henry H. Perritt Jr.
Professor of Law Chicago-Kent College

Drilon Gashi

Drilon Gashi
Comm. Counselor to the Prime Minister

Arlind V. Bytyqi

Arlind V. Bytyqi
Editor-in-chief
New Kosova Report
 

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