Security Sector Reform: Applicability and Relevance for Kosovo

1. Kosovar Institute for Policy Research and Development Security Sector Reform: Applicability and Relevance for Kosovo Lulzim Peci, Executive Director Authorized presentation for DCAF

2. Content • Introduction • Security Providers • Civilian Oversight • Applicability • Relevance • Annexes

3. Introduction (1) • Resolution 1244 – under provisions of Chapter VII of UN Charter: • “ No peace agreement to implement” - unfinished conflict between Kosovo and Serbia • Kosovo under UN Administration • Vague state building provisions – “substantial autonomy” • Conflicting Approaches: • International Law approach – recognizing the sovereignty of Serbia and Montenegro • Practical approach – recognizing UNMIK/PISG as independent international relations actors

4. Introduction (2) • Until late 2004, Security and Justice sectors were considered by UN (DPKO) as related to sovereignty. • Reserved UNMIK domain: • Inexistent Democratic/Civilian Oversight of Local Security Providers by Parliament and Government • ISSR formally launched by SRSG on July 2005 • Talks for Kosovo’s status to start in November/December 2005 • Overlapping of ISSR with Status Talks – a unique case

5. International Security Providers • NATO led Kosovo Force (KFOR) • Mixed external and internal security role • Supporting the international civil presence (UNMIK/CIVPOL) • Responsible to NATO Europe (Southern Flank) Command and not to UNMIK • Civilian Police (CIVPOL) – UNMIK Police • Executive Policing • Building in conjunction with the OSCE Police School Kosovo Police Service (KPS) • Gradual transfer of competencies to KPS planned to be completed in 2006 • Responsible to SRSG

6. Local Security Providers • Kosovo Police Service • Currently part and under command of UNMIK Police • Multiethnic institution that reflects fully ethnic composition of Kosovo • Kosovo Protection Corps • Emerged from the KLA • Civilian Emergency Force with Military Structure • Under supervision of KFOR • Mainly composed by Albanians • Budget of Local Security Providers • 26.48 % of the Kosovo Consolidated Budget • “Taxation without presentation” – there is not any oversight role conducted by PISG

7. Intelligence Services • Police and Military Intelligence Services of Serbia • Kosovo close to Political Parties Intelligence Services • KPS Criminal Intelligence Unit • KPC Intelligence (Information and Analyses Unit)

8. Oversight Actors • UNMIK Pillar of Justice and Police • UNMIK both sets and oversees its own policies – no separation of powers • KFOR Office for Coordination of KPC • NATO General led monitoring and supervising office • Assembly of Kosovo • Cannot legislate in the area of security • Cannot exercise budgetary control • Lately positive developments in establishing Committee on Security • The Executive • Office for Public Safety within OPM (2004) • Planned New Ministries • Other Oversight Actors • Civil Society, Media • Ombudsperson, Local Community Safety and Crime Prevention Councils

9. Problems in Crisis Response Management • Lack of security provision related information by UNMIK to PISG (total lack of information until the end of 2004) • Lack of joint contingency planning between KFOR and CIVPOL/KPS • Lack of coordination and effective information flow between UNMIK and PISG and security providers. • March 2004 events – best lesson that resulted with a situation of almost failed state

10. Applicability (1) • Kosovo’s Internal Security Sector Review will guide the Security Sector Reform: • Basis of the Security Sector Reform will be provided by: • Comprehensive Strategic Environment Review – exploring and determining internal, regional and international security drivers that will shape future of country. • Conducting a realistic Security Threats Assessment, at the internal, regional and international level that will securitize real threats and de-securitize the false ones. • Designing realistic and affordable strategic security goals and policies as well as building capacity of current and future security providers that will effectively protect Kosovo citizens from security threats and natural disasters.

11. Applicability (2) • Key issues: • Introducing democratic and post-conflict security sector reform through an inclusive consultative process that will provide a ground for trust and confidence building between ethnicities in Kosovo and its neighbors and international community. • Establishing an effective rule of law and a comprehensive security sector legal framework • Building an effective system of democratic governance of security sector) • Ensuring de-politisation of the civil service • Final (in essence of a never ending process) shape of the Security Sector Reform of Kosovo can be completed only after the status talks. • Several steps of the ISSR may have to be reviewed during status negotiations

12. Relevance • ISSR will: • Feed into status talks • Provide foundations for a democratic oversight and management of security sector • Provide a basis for building an effective security sector that will protect all Kosovo people and will be trusted by them • Assist Kosovo to become a regional and international security net provider • Increase regional security and stability

13. Annex 1. Strategic Environment Review: Analysis of Kosovo’s Internal Environment will shape the vision and will need to take account of: • PISG, UNMIK, KFOR Security Policies • Political security: • Internal Legitimacy and Popular Trust on Governmental Institutions • Regional and International Legitimacy of Governmental Institutions • Current security forces: • Policies • Formations and Capacities • Aspirations • Social, Economic and Ethnic Community security • Individual and community aspirations • Strategic Objectives for 5-10 years • Participation in regional and international political, economic and security structures

14. Analysis of Regional Environment • Analysis of attitudes of Albania, Macedonia and Serbia-Montenegro and impact on Kosovo on the basis of: • Policy towards Kosovo • Security Policies (National Security Strategy and Defense Strategy) • Security Forces: • Policies • Formations and Capacities • Aspirations • Social, Economic and Ethnic Community security • Definition and the scope of transnational security threats and their assessment • Analysis of the impact of regional dynamics to Kosovo’s security • Albania, Macedonia and Serbia-Montenegro’s participation in regional security structures and international structures • NATO and EU Enlargement in the Balkans

15. Analysis of International Environment Examining the Euro – Atlantic, Turkish and Middle Eastern security context and analyzing its influence to the current and future security of Kosovo. This will include an analysis of • NATO security policies towards the region and Kosovo: • Security policies • Security Forces’ capacities and policies • Definition and scope of Security Threats • Integration Policies – membership, PfP etc • EU policies towards the region and Kosovo: • Economic • Political • Social • Security Policies • Security Forces’ capacities and policies • Definition and the scope of Security Threats

16. Annex 2. Security Threats Analysis Aim: to comprehensively explore and prioritize internal, regional and transnational threats that impact security of Kosovo and its citizens, and to determine a comprehensive understanding of security threats to Kosovo in light of the Strategic Environment Review • Political Threats: • Political Extremism and Terrorism • Insurgency/Terrorist activities • Lack of Rule of Law and Political Subversion • Gradual loss of legitimacy (bad governance) • Trans-regional Threats • Organized Crime (Network, Capacities, Impact) • Lack of Democratic Control over Security Forces • Traffic of Small Arms, Drugs and Human Beings • Spill-over effect of internal conflicts • Environmental Risks

17. Security Threats Analysis • International Threats • International Terrorism • Religious Fundamentalism • Proliferation of biological/chemical weapons • Vulnerabilities • Natural disasters • Epidemics • Key energy and water resources