Kosovo: Problems with Justice

In my previous blog on Kosovo (Kosovo: A Beacon of Hope for Gender Equality?) I sought to explain how Kosovo is making strides toward gender equality. Although there are laws in place to enforce an evolution toward an egalitarianism of the sexes, these laws seem to be symbolic at best in this country that is continually faced with turmoil. Kosovo’s laws on human trafficking, which will be the focus of my future blogs, appear to have the same problems.

According to the UNHCR (The United Nations Refugee Agency): “Kosovo is a source, destination, and possibly a transit country for women and children who are subjected to sex trafficking, and children subjected to forced begging (UNHCR).” In September of 2010 the Government of Kosovo began to focus on the prevention of trafficking by staging a massive educational campaign that used television, radio, SMS messages, billboards, and elementary school visits. As well, the Kosovar police force has increased its trafficking task force by 50% in the past year. Although there has been an increase in the arrests of “traffickers,” their prosecution and conviction rate remains low (UNHCR).

An October 2011 report by the OSCE (Organization for Security and Co-operation in Europe) found that although Kosovo has the laws in place, they are not being enforced properly. The report focuses on the three main problems Kosovo faces in eradicating trafficking and helping victims receive justice: “first, the issuing of trafficking indictments when the requisite elements of the offence of trafficking are not present; second, a failure to prosecute additional criminal activity committed in the course of trafficking; and, third, converting trafficking activity into an offence less severe than that of trafficking, which results in lighter penalties for perpetrators (OSCE).” Offenders are either mischarged, not-charged for all offences, and/or given lax sentences.

Even though it falls in line with European and World standards, the Criminal Code of Kosovo’s definition of trafficking is complex and it is OSCE’s belief that in some cases it is that judges/prosecutors misunderstand the verbiage of this definition and incorrectly convict the offenders resulting in charges of the wrong crime or too short of a sentence. It is the OSCE’s recommendation that the problem be treated with judicial education because it appears that Kosovo is making efforts to reform and prosecute (OSCE), but is unable to finish the job. Much like their ground-breaking laws for gender equality, Kosovo has the correct foundation for decreasing human trafficking, but its enforcement is ineffective.

For such a small country we must ask ourselves, why is this a hotbed of human trafficking? What is it about Kosovo that makes this crime so prolific here? Is it the high poverty level; is it that the government is trying to stabilize itself in a hostile environment; is it the discrepancy in gender equality; is it that racism is rampant; is it culturally acceptable? Even though it is small, Kosovo is watched and supported by several world organizations because of its fledgling government and its history of genocide. Kosovo is also aware of itself; it is sensitive to becoming a part of the EU and to maintaining its countryhood. Because it is so scrutinized can it become a model of reform? If we can begin to find why human trafficking succeeds here, perhaps we can begin to find solutions that will help to eradicate it world-wide. Kosovo has to be willing to participate and at this point, it seems to be.

In the coming weeks I will explore cases where Kosovo has been successful and also where they have failed in terms of prosecuting and convicting human traffickers and what these cases mean for the victims, for Kosovo and for the world.

Sources are hyperlinked within the article above:

www.osce.org

http://www.unhcr.org

Kosovo: A Beacon of Hope for Gender Equality?

In my previous blog I discussed Kosovo’s current struggle to maintain independence and pursue stability in an atmosphere of intolerance and racism. Unfortunately, Kosovo is synonymous with these ethnic and religious battles that have been waged since the Middle Ages. But, Kosovo faces other challenges: it is one of the poorest countries in the world with roughly 45% unemployment (CIA).

In terms of human rights Kosovo is also below par: it is both a starting and ending point for human trafficking, the justice rate for rape victims is low, domestic violence rates are high, and traditional societal norms in Kosovo make it difficult for many citizens to see gender oppression as a serious issue (OSCE, 2004). It is a complex and fascinating situation. How does a country with only a population of 1.9 million whose autonomy is continually questioned by its neighbors (and sometimes its own inhabitants) even have the capability to address human rights’ issues?

Besides basic human decency, the United Nations (UN) and the European Union (EU) are making Kosovo make human rights a priority. In order for Kosovo to maintain its independence and be recognized on the world stage as a legitimate power, they must be supported by the UN and accepted by the EU, two organizations that scrutinize a country’s human rights’ policies. To help legitimize and stabilize Kosovo, the UN has attempted to make it a model country for gender equality.

UNIFEM, the United Nations Development Fund for Women, has been a presence in Kosovo since 1999. This branch of the UN explains its goals within Kosovo and world-wide:

UNIFEM’s presence has modeled a unique approach that focuses on the facilitation of partnerships for the capacity building of women’s organizations and government institutions. Parallel to this work, under the framework of the Central Eastern Europe programme and guided by the UN Security Council Resolution 1325 (2000) on Women, Peace and Security, UNIFEM has also supported women’s engagement in peace-building processes. The programs are implemented through the support and cooperation with governmental institutions, civil society and other relevant stakeholders and through a unique approach that encompasses gender-sensitive security sector reform and women’s engagement in peace processes at all political and social levels. This work, while so far mainly centered on Kosovo, is regional in scope and includes both a strong sub-regional component and a focus on inter-ethnic peace-building, not only within Kosovo, but also across borders (UNIFEM).

Because Kosovo needs help and is young in its nationhood, the UN is seizing the opportunity to mold Kosovo into a model state by helping it eradicate gender inequality. On the surface Kosovo appears to lead the way toward egalitarianism. In 2004, its government passed the Law on Gender Equality:

This Law then allowed for the establishing of the following institutional mechanisms for accomplishing gender equality at the local and national level.

a) Institutional mechanisms for gender equality at the national level

• Agency for Gender Equality / Office of Prime-Minister

• Advisory Office for Good Governance – Division for Gender Issues /

Office of Prime-Minister

• Unit for Gender Equality - Institution of Ombudsperson

• Officers for Gender Equality in ministries

• Inter-ministerial Council for Gender Equality

b) Institutional mechanisms for gender equality at the local level:

• Officers for gender equality in municipalities

• Municipal committees for gender equalities (Vuniqi, 2008)

The law is unquestionably well-intentioned and ideal. Yet, is it truly being executed to its fullest extent in 2011 Kosovo? Is it possible to execute a law like this in a country that has one of the highest poverty rates in the world? Can such a big change happen in a country that seems entrenched with traditional thinking?

Three years ago in her report Women’s Role in Independent Kosova (2008), Luljeta Vuniqi, Executive Director of Kosovar Gender Studies Center, prophetically broke down the complexities and obstacles that Kosovo would face in its struggle. For example, she raises the question: how can a country known for its human trafficking be a bastion of gender equality? Can you build equality while significant portions of your people partake in the practice of slavery? Kosovo needs this law, but will its people enforce it? On the other hand, what country in world history began with gender equality laws – this new nation has set an inspirational precedent.

Today, Kosovo has many women in the high places of government, for example, female president Atifete Jahjaga and two female Deputy Prime Ministers: Mimoza Kusari-Lila (Minister for Economic Development and Reform and Minister of Trade and Industry) and Edita Tahiri (Minister for Foreign Affairs and National Security). Unfortunately, some evidence taints the rise of Jahjaga. Although she is a highly educated and worthy candidate, she obtained a post-graduate degrees in the U.S. and EU and did some training with the FBI (Jahjaga’s biography). One could make the assertion that she is a pawn of the U.S. government. She was a relative unknown and aggressively backed by the U.S. in recent elections by U.S. ambassador to Kosovo Christopher Dell (The Economist, 2011).

Because of these links, it is easy to call into question Jahjaga’s authority and jadedly see the involvement of the U.S./EU in Kosovo as a way to appease Islam. After all, Kosovo is a newly independent Muslim republic who is friendly to the West; this allows the U.S./EU to avoid having to address more “delicate” situations, say in Palestine. (To read about such questions read Zoltan Grossman’s opinion piece in Aljazeera Palestine/Kosovo connection).

All of this casts doubt on the legitimacy of the president, which subverts the progress women appear to be making in this fledgling country. To be completely cynical, which one must be in this day and age, the fact that she is friendly with the U.S./EU and met the gender equality benchmark is like killing two birds with one stone. Lastly, the role of president is merely that of a figurehead – it is the Prime Minister (Hashim Thaci, a man) who wields the real power in the country. Kosovo seems to be being careful with their image.

Despite the relative unimportance of her post, Jahjaga’s presidency is a positive move toward women’s equality in a growing, Islamic nation, which at this moment is unprecedented. Jahjaga is a beacon of hope. Yet, such progress feels like it is paying lip service. Kosovo still struggles to eradicate continual human rights violations. Exactly what is their female president doing to foster gender equality amongst her impoverished constituents? And, can a country claim to be working on gender equality when it is still a major center of human trafficking, domestic violence, and injustice for rape victims?

In the coming weeks I will explore how Kosovo honestly seeks to combat these issues. Albeit small, Kosovo could become the model of a country that comes from the greatest depths of injustice to approach gender equality. And, although the U.S. and EU might have ulterior motives for the success of Kosovo, it would not be bad thing to have an increase in human rights be the byproduct.

In Kosovo: Intolerance and Hatred Ignored

The war in the former Yugoslavia may have ended over 15 years ago, but the hatred still remains. Violent clashes over the northern Kosovo/Serbia border have brought up questions as to the EU status of both countries. On 10 November, the tensions led to the death of a Serb man who was fighting with two ethnic-Albanians in the city of Mitrovica. The troubles began in July when the Kosovo government deployed customs offers and police to two northern border checkpoints with Serbia. Serbia lost control of these checkpoints when Kosovo declared its independence in 2008. This attempt to “redefine” the Kosovo/Serbia border has renewed the rivalry between ethnic-Albanians and Serbs in Kosovo and Serbia.

There are roughly 120,000 ethnic Serbs in Kosovo, about 10% of the population. Most of these Serbs do not recognize Kosovar independence and neither do many who live in Serbia. Anti-Kosovo protesters assert that the death of the Serb on the 10 November is not being taken seriously even though EULEX, the EU’s peace and justice mission in the country, is part of the investigation. Serbs are using this event to further their fight against an independent Kosovo.

In the past three years there has been a big push by world organizations to stabilize and help the growth of a peaceful Kosovo. The country is currently supported by EULEX and also KFOR, a NATO-led peacekeeping force. This is a fledgling democracy whose people were once targets of ethnic cleansing by Serbs in the 1990s (68,101 ethnic-Albanian Muslims were killed) and it needs help maintaining stability in a hostile environment. Playing devil’s advocate though, one might ask if Kosovo is being treated with kid-gloves? This is certainly a question that the Serbs are asking in their current peace talks with Kosovo that resumed on 21 November.

It is difficult for the Serbian government to prove that they are the victims in this situation since it seems that they have not done much to increase tolerance for Kosovo’s ethnic majority. Serb officials continue to dismiss the radicals in their society who remain prejudiced towards Kosovar Muslims and an independent Kosovo.

In the Northern Kosovo city of Zubin Potok Serbs recently built a road block to keep out KFOR and Kosovo customs officers. One bus in the barricade was shockingly decorated with posters of Ratko Mladic, a Bosnian Serb military leader currently on trial in The Hague for genocide. Mladic faces charges over the massacre of at least 7,500 Bosnian Muslim men and boys at Srebrenica in 1995 (BBC).

Mladic was captured “coincidentally” at the same time Serbia announced its candidacy for EU membership (in May 2011). After evading police for 16 years he was finally arrested. In his analysis of the issue of Serbian EU candidacy Mark Lowen of the BBC asked Serbian President Boris Tadic if this major war-criminal arrest was made and publicized purposely to coincide with Serbia’s bid to join the EU. Tadic denied the charge and responded that the country had never calculated its search for Mladic - it was always determined to catch him (BBC).

However troubling it might be that Mladic's arrest was timed, it is not as troubling as the fact that there are still Serbians who see Mladic, a mass-murderer, as a hero. Even more concerning is that these same people have the power to barricade roads from NATO missions without retribution from their government. Why are these people not reprimanded by the Serbian government if they are not acting in Serbian interest? Who is running Serbia?

The government in Belgrade wants to keep a low profile on this border situation because their candidacy for EU membership depends on how well the peace talks with Kosovo go. Yet, even if they are able to attain “good neighbourly status” with Kosovo, I have to ask the question: should the EU welcome a country that was responsible for genocide and still does nothing to sanction the "bullies" who continue their hatred toward Kosovo? Should the EU rightly admit a country who prefers to capture their war criminals for political gain instead of common human decency?

In the 22 November edition of the Irish Times, Tim Judah, a London-based Balkan analyst asserts that “the Serbian government is in a bit of a bind. It wants candidacy but it doesn’t want to be accused of treachery by Kosovo Serbs and the opposition in Belgrade by agreeing to Kosovo customs officers at the border crossings.” I find it shameful that Serbia feels the need to appease its intolerant citizens. Serbia must prove to the world that it has become a tolerant force, not a continually perpetrator of hatred.

Unfortunately, Kosovo is linked to this process; it is a victim again. Kosovo’s status in the EU is at stake because of this issue. Although the war is over, the extremists still exist as if it never ended. If there is nothing done to stop them, the conflict will continue to grow. The conflict has escalated so much in the past month that NATO forces are growing on the northern border. The Serbian government must take responsibility for its countrymen’s previous war crimes by seriously reprimanding the current aggressive anti-Kosovo, anti-Muslim sentiments. No matter how bad the EU economic situation and its need to restructure its economy, the Union should maintain a no-tolerance policy for the perpetuation of hatred. We will find out on 9 December when the decision is made.