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Kosovo. Political systems in South-Eastern Europe POL 482 Věra St ojarová. Albanians outside Albania. Albania: 3,5 mil. Kosovo : around 2 million (80-90% of the population) Macedonia : ½ million (around 25 %) Montenegro: 40 880 Albanians (1991)
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Kosovo Political systems in South-Eastern Europe POL 482 Věra Stojarová
Albanians outside Albania Albania: 3,5 mil. Kosovo : around 2 million (80-90% of the population) Macedonia : ½ million (around 25 %) Montenegro: 40 880 Albanians (1991) Greece (300 000?), Italy (150 000?), Turkey (over million?), USA (250 000?)
Serbian and Albanian nationalismWWII, Sv. Sava, Memorandum of SANU, Martinovic case, Paracinovo, poisoning of Albanian children,Milošević
Emancipation of the Kosovo Albanians Started in the 60´s 1974 gained more power 1989 authonomy drastically reduced; since then start of the setting up of the paralell institutions 1991 Badinter comission said Kosovo does not have right for independence 1996 emergence of UÇK 1996-1999 war Albanians vs. Serbs 1999 war NATO vs. Serbs Since 1999 protectorate under UN auspices January 2006 started the negotiations about the future Kosovo status
Wars over Kosovo 1996–99: Guerrilla conflict between Albanian separatists and the Serbian and Yugoslav security forces, 1999: War between Yugoslavia and the North Atlantic Treaty Organisation
Kosovo after the War Security Council of the United Nations approved the Resolution 1244 as a main document dealing with the status of the autonomous province
Resolution 1244 Withdrawal of SCG forces Protectorate of the UN, de iure autonomous province of Serbia Demilitarizing the Kosovo Liberation Army (KLA) and other armed Kosovo Albanian groups.
2 pillars of the mission: Military (KFOR) Civil (UNMIK: UN, OSCE, EU)
Metamorphosis of the UÇK Political pillar (provisionary government and the political party PPDK Military pillar (KPC – Kosovo Protection Corps) Police (KPS – Kosovo Police Service) Organized crime
Political pillar Hashim Thaçi founded the Party of the democratic progress of Kosovo (PPDK) later renamed Democratic party of Kosovo (PDK). The aim of the party is the independence of Kosovo. Since the war, Thaci has served as the prime minister of the KLA's self-styled provisional government.
Military pillar Kosovo Protection Corps – (KPC) - Trupat Mbrojtëse Të Kosovës (TMK) - officially constituted upon the inauguration of 46 key leaders on 21 January 2000. civilian agency charged with providing emergency response and reconstruction services to Kosovo. consists of an active corps of 3,000 members and an auxiliary branch of 2,000. Ten percent of its members are to be from minority communities. The KPC's mission is to protect the Kosovo population against any natural or man-made disasters and to assist in the rebuilding of Kosovo through work on public utilities and social projects. Its personnel and activities are paid for with voluntary contributions from UN Member States, among which firm pledges have been received from the United States, the United Kingdom, France and the European Commission. The KPC's budget for the year 2000, about DM 20 million, covers operational, training and equipment costs.
Police The UNMIK police operation is significantly different from previous United Nations civilian police missions. Its major task is not monitoring like before. The UNMIK police is a law enforcement unit, and it is the only law enforcement unit in Kosovo. The Security Council (resolution 1244 of 10 June 1999) has tasked UNMIK with two strategically goals: 1.To provide temporary law enforcement, 2.To establish and develop a professional, impartial and independent local police, called Kosovo Police Service (KPS). The mission for international police should be considered completed when the local police is able to enforce law and order according to international standards.
Organized crime Albanians are acting as intermediaries for Colombian groups engaged in international cocaine smuggling and also assist the sicilian mafia In 1997 Interpol stated that Kosovar Albanians held the largest share of the heroin market in western Europe It is estimated that Albanian gangs working with Turkish traffickers control roughly 70 percent of the heroin market in Germany and Switzerland They have become increasingly active in the illegal transport of people, arms and drugs. Albanian women are also being moved to red light areas in the north of England and the Midlands. Nearly a decade ago it was predicted that the russian mafia would seek to exert influence over the British vice trade but instead it is Albanian gangs that have taken control.
CONSTITUTIONAL FRAMEWORK FOR PROVISIONAL SELF-GOVERNMENTUNMIK/REG/2001/9 - 15 May 2001 UNMIK endeavoured for the name „ Legal framework“ Albanians asked for the „Constitution“ Compromise was reached under the name „Constitutional framework“. The referenda clause about the independence of Kosovo was rejected by the international community
Provisional Institutions of Selfgovernment set in the Constitutional Framework Assembly (100, 10, 10) President (parliament, 3 years, Rugova, Sejdiu) Government (at least 2 ministers non-albanians and out of them at least one serbian) Legal system (shall reflect diversity, appointed by SCSG) SCSG
The Special Representative of the Secretary-General (SRSG) Powers and Responsibilities Reserved to the SRSG 8.1 The powers and responsibilities of the Provisional Institutions of Self-Government shall not include certain reserved powers and responsibilities, which will remain exclusively in the hands of the SRSG. These reserved powers shall include: (a) Full authority to ensure that the rights and interests of Communities are fully protected; (b) Dissolving the assembly and calling for new elections in circumstances where the Provisional Institutions of Self-Government are deemed to act in a manner which is not in conformity with UNSCR 1244(1999), or in the exercise of the SRSG's responsibilities under that Resolution. The SRSG shall exercise this power after consultation with the President of Kosovo. The Assembly may, by a decision supported by two-thirds of its members, request the SRSG to dissolve the Assembly. Such a request shall be communicated to the SRSG by the President of Kosovo; (c) Final authority to set the financial and policy parameters for, and to approve, the Kosovo Consolidated Budget, acting on the advice of the Economic and Fiscal Council; (d) Monetary policy; (e) Establishing arrangements for the independent external audit of the Kosovo Consolidated Budget; (f) Exercising control and authority over the UNMIK Customs Service; (g) Exercising final authority regarding the appointment, removal from office and disciplining of judges and prosecutors; (h) Deciding upon requests regarding the assignment of international judges and prosecutors, as well as change of venue, in accordance with the relevant UNMIK legislation in force; (i) Exercising powers and responsibilities of an international nature in the legal field; (j) Exercising authority over law enforcement institutions and the correctional service, both of which include and are supported by local staff; (k) Exercising control and authority over the Kosovo Protection Corps; (l) Exercising control and authority over the management of the administration and financing of civil security and emergency preparedness. Responsibility shall be gradually assumed by the Provisional Institutions of Self-Government; (m) Concluding agreements with states and international organizations in all matters within the scope of UNSCR 1244 (1999); (n) Overseeing the fulfilment of commitments in international agreements entered into on behalf of UNMIK; (o) External relations, including with states and international organisations, as may be necessary for the implementation of his mandate. In exercising his responsibilities for external relations, the SRSG will consult and co-operate with the Provisional Institutions of Self-Government with respect to matters of concern to the institutions; (p) Control over cross-border/boundary transit of goods (including animals). The Provisional Institutions of Self-Government shall co-operate in this regard; (q) Authority to administer public, state and socially-owned property in accordance with the relevant UNMIK legislation in force, in cooperation with the Provisional Institutions of Self-Government; (r) Regulation of public and socially-owned enterprises after having consulted the Economic and Fiscal Council and the Provisional Institutions of Self-Government; (s) Administrative control and authority over railways, frequency management and civil aviation functions. Certain administrative functions shall be carried out by the Provisional Institutions of Self-Government and the relevant independent regulatory bodies; (t) Control and authority over the Housing and Property Directorate, including the Housing Claims Commission; (u) Defining the jurisdiction and competence for the resolution of commercial property disputes; (v) Preserving the existing boundaries of municipalities; (w) Responsibility to ensure that the system of local municipal administration functions effectively based on internationally recognized and accepted principles; (x) Appointing the members of the Economic and Fiscal Council, the Governing Board of the Banking and Payments Authority of Kosovo, the chief executives of the Customs Service and Tax Inspectorate, and the Auditor General; convening and presiding over the Economic and Fiscal Council; (y) Appointing international experts to the managing boards or commissions of the public broadcaster, the independent media regulatory body and other institutions involved in regulating the mass media, with the proviso that the number of such SRSG nominations will not constitute the majority of any such managing board or commission; (z) Control and authority over the civil registry database, which shall be maintained in cooperation with the Provisional Institutions of Self-Government.
The Special Representative of the Secretary-General (SRSG) 7. Lamberto Zannier 6.Joachim Rücker (Germany as of 1 September 2006) 5.Søren Jessen-Petersen (Denmark) 4.Holkeri, Harri Hermanni (former prime minister of Finland 3.Michael Steiner (Germany) 2.Hans Haekkerup (Dennmark) 1.Bernard Kouchner (Francie)
European union special representative for kosovo – Pieter Feith • Offer the EU’s advice and support to the Kosovo Government in the political process. • Promote overall coordination of EU presences in Kosovo, e.g. European Commission liaison office and the EULEX rule of law mission • Ensure consistency and coherence of EU action towards the public • Provide local political guidance to the Head of the European Union Rule of Law Mission EULEX in Kosovo. • Contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo
Political parties large number of political parties The majority of them tend to be personality-based lacking formalstructure, internal democracy or the capacity to generate distinct ideas andpolicies. their shared objective wasoverwhelmingly to achieve independence for Kosovo. Many of the smaller partiesin Kosovo represent particular minority ethnic groups, The smaller Albanian parties are often distinguished by a hardline stance on the Albanian national question including unification of Kosovo withAlbania.
Democratic League of Kosovo(LDK) For most of the 1990s, the party enjoyed a near monopoly of supportamongst Kosovo Albanians. Virtually all Kosovar Albanian resistance to Belgradewas channelled through the LDK and its leader Dr. Ibrahim Rugova. In unofficialelections held in 1992 and 1998 Rugova was elected ‘President of the Republic ofKosovo’ and the LDK won a majority of the seats in the unofficial ‘KosovoAssembly’ with over 80% of the vote on a platform of non-co-operation withBelgrade. The LDK emerged as the largestparty in the 2001 parliamentary elections, winning 47 of the 120 seats in the newparliament and ensuring both its leading role in government and Rugova’s electionas president of Kosovo. This performance was repeated in the elections of 2004 when the LDK again took 47 seats.
Democratic Party of Kosovo(PDK) The party held its first convention in May 2000, electing Thaqi partypresident and shortening its name (From PPDK – People´s PDK) to the Democratic Party of Kosovo (PDK). Support for the party came mainly from those that rallied behind the KLA duringthe conflict. Although the PDK emerged second overall in the parliamentaryelections of 2001 with 26 seats, the LDK welcomed the PDK into government andallowed the party to choose a Prime Minister from among its own ranks. BajramRexhepi was duly chosen for the job, with Hashim Thaci agreeing to remain partyleader, exerting significant influence behind the scenes. Although the PDKincreased its representation to 30 seats in parliament in the 2004 elections, on thisoccasion the PDK was excluded from the new LDK-led government. The party stands for an independent, free and democratic Kosovo.
In May 2000 a third political force appeared on Kosovo’s political scene, theAlliance for the Future of Kosovo (AAK). • Launched as a vehicle for the former KLAand KPC commander Ramush Haradinaj, the party was originally set up as acoalition • the partycommanded enough support to win 8 seats in the 2001 parliamentary elections.This was sufficient to be invited into a grand coalition government in partnershipwith the LDK and PDK. An improved performance in the 2004 elections (to 9seats) allowed the AAK not only to re-enter government with the LDK but also todemand the position of Prime Minister in return for its support. • Haradinaj was dulyappointed in November 2004, a position he held for 100 days until he wassummoned to The Hague to face charges of war crimes relating to the 1999conflict. The Prime Ministerial portfolio passed to another AAK deputy, BajramKosumi. Alliance for the Future of Kosovo (AAK)
Ora A few months before the parliamentary elections of 2004, the owner of the Koha Ditore media group and one of Kosovo’s richest men, Veton Surroi, suddenly announced that he was forming a new political party called Ora (The Hour). Focused on economic and social change as much as independence for Kosovo, and comprised of primarily businessmen and intellectual Ora succeeded in winning 7 seats to the Kosovo assembly.
Ethnic Serb parties For a population estimated at between just 100-200,000, there is a multitude ofdifferent Kosovo-Serb parties in Kosovo, the majority of which are based inBelgrade. Under the terms of the constitutional framework, 10 seats in parliamentare reserved for Kosovo-Serb parties, with the number of extra seats dependentupon their share of the vote. In accordance with these rules, Kosovo-Serb partiestook 22 seats in the parliament following the November 2001 election. After awidespread Kosovo-Serb boycott of the 2004 election, Serb representation inparliament fell to just the 10 reserved seats as only two Kosovo-Serb partiesstood. Two seats went to Slavisa Petkovic’s Serbian Citizens’ Initiative (GIS) andeight to the Serbian List for Kosovo and Metohija (SLKM) a coalition headed byOliver Ivanovic, although at present the SLKM have refused to take up the seatson offer in the immediate aftermath of the election.
Final Kosovo status In October 2005, the UN Security Council authorised the Secretary-General to appoint a special envoy, former Finnish President Martti Ahtisaari, to start a political process to determine Kosovo’s future status. The Council also indicated that this process would likely lead to either considerable autonomy or independence for a region whose political future has essentially been in limbo since the end of the NATO bombing campaign in 1999. Talks then began on 20 February 2006, in Vienna.
Contact Group Guiding Principles November 2005 no return of Kosovo to the pre-1999 situation no partition of Kosovo, and no union of Kosovo with any or part of another country..
Ahtisaari plan • Not independent not autonomous province • Own president, parliament, army, representation in the international organisation, own symbols, flag, coat of arms • Rejected .
Independence • 17 February 2008
Conflict in Southeastern Serbia – Preševo, Bujanovac, Medvedja 1999 was formed the Ground Safety Zone - 5 km demilitarized zone along the serbian-kosovo border. The Milošević regime fell in October 2000 and the international community lost interest to support the Albanians. NATO gave the zone back to the democratic government of Serbia in April 2001. The Serbian forces came back to the region. UCPMB promised to demilitarize and dissolve, many of the fighters returned to Kosovo or went to Macedonia.
Tne (only) Albanians accused of CRIMES AGAINST HUMANITY and VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR (6.11.2003 and 4.3.2005) Ramush Haradinajwas a commander in the Ushtria Çlirimtare e Kosovës (UÇK), otherwise known as the Kosovo Liberation Army (KLA). In this position, Ramush Haradinaj had overall command of the KLA forces in one of the KLA operational zones, called Dukagjin, in the western part of Kosovo bordering upon Albania and Montenegro. He was one of the most senior KLA leaders in Kosovo. Idriz Balaj (also known as "Toger/Togeri" or "Lieutenant") At all times relevant to this indictment Idriz Balaj was a member of the Kosovo Liberation Army and acted as the commander of the special unit known as "The Black Eagles". The Special Unit known as the "Black Eagles" was created as a Rapid Intervention Special Unit on the orders of Commander Ramush Haradinaj. Idriz Balaj was appointed as its Commander. In 1999, after the cessation of hostilities, Idriz Balaj joined the Kosovo Protection Corps, and held the rank of Major. He is presently in custody in Kosovo serving a 15 year sentence for murder, having been convicted in 2002. Lahi Brahimaj, (also known as "Maxhup" or "Gipsy") was born on 26 January 1970 in Jablanica/Jabllanicë, Municipality of Djakovica/Gjakovë in Kosovo. He is a close relative of Ramush Haradinaj. At all times relevant to this indictment Lahi Brahimaj was a member of the Kosovo Liberation Army and acted as the Deputy Commander of The Dukagjin Operative Staff or as the Dukagjin zone contact person to the KLA General Staff. Lahi Brahimaj currently is a high ranking officer in the Kosovo Protection Corps. Fatmir LIMAJ, aka Çeliku,was born on 4 February 1971 in Banja, then in the municipality of Suva Reka in the autonomous province of Kosovo ("Kosovo"). At all times relevant to this indictment, Fatmir LIMAJ was a commander in the Ushtria Çlirimtare e Kosovës (UÇK), known in English as the Kosovo Liberation Army (hereinafter the "KLA"). In this position, Fatmir LIMAJ was responsible for the operation of the Lapusnik/Llapushnik area and the Lapusnik/Llapushnik Prison Camp of the KLA (hereinafter "Lapusnik/Llapushnik Prison Camp"), located in the municipality of Glogovac/Gllogoc in Kosovo. Isak MUSLIU, aka Qerqiz,was born on 31 October 1970 in Racak/Reçak in the municipality of Stimlje/Shtime in Kosovo. At all times relevant to this indictment, Isak MUSLIU was a member of the KLA and a commander of the Lapusnik/Llapushnik area and the Lapusnik/Llapushnik Prison Camp, and at times acted as a guard at the Lapusnik/Llapushnik Prison Camp. Haradin BALA, aka Shala,. At all times relevant to this indictment, Haradin BALA was a member of the KLA and a commander/guard at the Lapusnik/Llapushnik Prison Camp.
Stability in the Balkans ?? • 2008 independence of Kosovo • Recognized by more than 100 states • Boycott of Russia, Spain, Slovakia, Cyprus, Romania • CFSP?? • Who is guilty? Who is war criminal? What is justice? Justice for whom? • Future of Kosova? Future of Kosova Serbs? Mitrovica? Preševo valley?
The ALBANIAN stance No relevant party in Albania claiming Greater Albania Issue of power Prizren Prishtina Tirana?? Greater Albania or Greater Kosovo??