Nationbuilding A Perspective on Kosovo

1. Nationbuilding A Perspective on Kosovo

2. Seems Obvious, but the first rule of nationbuilding should be: Know your Nation • It’s not Croatia or Bosnia • And Iraq and Afghanistan aren’t Kosovo • So…know specific issues • Its History: Medieval thru Milosevic and the KLA/KTA • Role of Women, Islam, Clan structure, Politics • Try and learn the language • (even if you’re American)  Know these things to understand how the law operates on the ground.

3. Don’t Balkanize … to each their own.

4. KOSOVO’S KONTRASTS

5. Rule 2 – There are few rules.You’ll be flying by the seat of your pants. • The Good Side: Personal Flexibility • Switching from PM to SCSC • Effect: Legal Officer most proficient in English The Bad Side: Flexibility In the Courthouse • Cause of Flexibility: A Lack of Expectations • From Locals and Internationals Alike • Will a hearing happen? What is justice? • Who’s translating, who’s recording? • Result of Flexibility: A Lack of Standards • Shifting standards for each judge? • How do we know a complainant’s real? PoA required? • Proof of indirect discrimination • – whose house has to be attacked to make it a reprisal?

6. Overcoming Doubts:Competence, Due Process, Effectiveness, Justice. • Why can it be so disheartening • What can be expected of a Court operating in a nationbuilding scenario?  Not Much • Lack of Resources • Running things on a shoestring. • Do the court’s computers work? • Are the files missing? • Language Barriers • Translators for cases and files • Registry doesn’t function • What’s gone out? Who said what?

7. Overcoming Doubts:Competence, Due Process, Effectiveness, Justice. • Division of Labor - Capacity building • Court is split between PISG and UN • Judges divided 3/2  to what end? • Just separates, doesn’t teach • Court and beyond: white van syndrome • Politicization of the Process • Will it work for Serbs, Roma? • Scared to make decisions, deliver them. • Will Judgments be followed by the KTA? • Will injunctions be enforced by the SRSG? • Can the Rule of Law be established like this? • Perhaps not as it is now.

8. What Kind of Justice, What Kind of Nation?Catastroph? A Solution : Funding, Courage, Organization  Is anything really going to get done?  Is the Court/UNMIK helping to get the economy off the ground?  Can law be established from the top down?Can you nationbuild? From Internationals to Albanians From UNMIK to PISG From Judges and the Court…to other agencies (KTA), society? Is that dynamic appropriate or effective? • Somewhat effective: People come to Court, come to KTA. They come because they believe in the process… • But justice for whom? Are we creating a society with equal rights? The number Serbian claimants in Court v. the theatre of KTA bidding • It’s difficult then, perhaps possible  but what are the alternatives?

9. What’s the Role of an Individual in Nationbuilding? • What’s your role? • It depends • For a week, for a summer, for a career? • Do what you can at work. Be aggressive. • But that’s the Hard side of nationbuilding • – there’s other influences too. • Get involved outside the office. • With the internationals (argue for what you think is right) • In the local culture…(taxi drivers, waiters, etc.)  The Soft side makes a difference too…

10. Working and Understanding the Social DynamicThe Internationals • International System • (UN/EU/OSCE/NATO) • Thousands of aid workers and troops What’s life like there? Good and Bad. • People escaping, people searching. • Transient lifestyles, No attachment • Generally highly qualified, hard working • Working dinners - always talking shop • Traveling, Fierce debates  good intentions

11. Working and Understanding the Social DynamicThe Kosovar Experience • It’s really Albanian (Serbs are left out) • The culture – (living with a local family helps) Knowing this part is equally as important as memorizing UN statutes and staying late at the office. Family: Relatives always connected, even from abroad Role of Religion: with a skeptical eye, secularized Role of Women: domestic mostly, don’t run businesses Customs: Shoes off, tea at night, card games, guns Languageissues: German from refugees, Spanish from TV Eating the Food (burek, fliya) and Drink (Raki, Peje).  It makes a difference.

12. What’s it take to be a successful nationbuilder? • Hard work • Keep pushing, stick around on weekends • Creativity • When drafting laws, proposing solution • Patience • Establishing rule of law may a generation  A strong stomach and a sense of humor help too - Individually, you may be ok. Institutionally though. Does the international community have it in them. TBD.

13. At the outset, I Posed an Exceedingly Complex Question… Is nationbuilding good? • It depends. • Do it right. • Do it quick. • It’s 6 years on, with memories of riots and fears of renewed violence. • Kosovo needs: • Continued focus and funding from int’l donors • Minimize ineffective capacity building and separation • Require further accountability and root out corruption • Promote the economy by continuing to privatize • Leadership from the locals – independence required. • Mistakes are inevitable – needn’t lead to disaster.

14. Nationbuilding: It’s a long road, with a destination unknown.

15. And if current global efforts fail… Perhaps we can just be guilted into effective nationbuilding.

16. THE END