The Country That Was Born Divided

THE COUNTRY THAT WAS BORN DIVIDED

Kosovo Report – Field Trip Mission 2017

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03 What is on the agenda and considerations | Main challenges in Kosovo by Mattia Bastianelli Gambini ❖ Freedom of Movement 06 Reconciliation process ❖ Capacity Building by Diego Costa ❖ Education ❖ Corruption / Politics 07 Societal aspects ❖ Implementation (Rule) of Law by Helena Gabriel ❖ Reconciliation Process / Minority Groups Relationship

❖ Intense presence and influence of International Roma, Ashkali and Egyptian children in 09 Organizations Kosovo ❖ Democratization by Julia Buchner ❖ Unemployment ❖ Gender Equality

Kosovo: The country remains borderless. Google Maps

A LOCAL BEER, PLEASE! Diego Costa

District of Mitrovica in a bar after the meetings. I was surprised when I received a Serbian beer, then I replied to the waiter: I ordered a local beer and you bring me one imported. So, he answered something like: “this is the beer”.

This small anecdote represents a huge barrier between people in a Country that was born divided. When you are in Pristina, the capital of Kosovo, is quite invisible the conflicts and rivalry. The differences are more visible near the New Bridge Mitrovica, in which the North and South clash. In one side of the river, you can Image from internet during manifest against Kosovo independence (25 February 2008) see Serbian Flags from all over the street. However, on the other side, you cannot see Kosovarian flags. Could it represent a lack of national identity? Or a goodwill policy suggested for International Organizations?

WHAT IS IN THE AGENDA AND CONSIDERATIONS Mattia Bastianelli Gambini

After the NATO intervention in Kosovo in 1999, UN Security Council Resolution 1244 ruled an ad interim civic, judicial and “Building a new state and police administration of Kosovo, lead by the United Nations creating a common identity” Mission UNMIK; an economic reconstruction planned by the European Union (EU); and the institution building run by the Organization for Security and Co-operation in Europe; all with The main approach adopted by these organizations is a gradual the aim of helping building a new state and creating a decreasing control aimed at achieving a progressive autonomy of common identity out of a bleeding and divided nation. national institutions. In other words, these missions are supposed to cease their functions, once the objectives set will be reached and The work of these organizations culminated in 2008 with the Kosovo will be ready to stand for himself and abide by the rule of law. unilateral declaration of independence of Kosovo, which the

International Court of Justice declared lawful, even though Currently, the most pressing challenges for these this status is recognized by only a little more than half of the organizations and the national government are: UN member States and 23 out of 28 EU ones. Moreover, 2008 was an important year also because of the introduction of the European Union Rule of Law Mission in Kosovo (EULEX ❖ Visa liberalization for Kosovo’s citizens: even though negotiations with the EU are ongoing, the lack of a proper agreement for the Kosovo): this mission gradually took over the functions of freedom of movement in the area is a problem for Kosovars; a UNMIK, with a strengthening and an executive divisions. problem which will not be solved until the deal for the borders

demarcation with Montenegro is signed and corruption is In fact, during the first three days in Pristina we met Senab Sabovic eradicated from the country. (Head of the Office of Political Affairs and Communication OSCE Mission Spokesperson), two representatives from the EULEX mission ❖ A well-functioning judicial body able to prosecute (substituting the Head of Executive Division) and Gertraud Marx- perpetrators of war crimes (from all sides). A Specialist Leitenberger (EULEX Judge); they presented the purpose of their Chamber located in The Hague is executing this function, missions and details of their jobs in Kosovo. EULEX mission (substituting however it is not bringing to justice all of them. the Head of Executive Division) and Gertraud Marx-Leitenberger (EULEX Judge); they presented the purpose of their missions and details of their ❖ A serious and organized fight against corruption; a stain jobs in Kosovo. EULEX spokespersons highlighted the importance of that is hard to wash away and that is tremendously building rule of law institutions and the approximation of EU to Kosovo. slowing down the process of improvement. Furthermore, EULEX has both a “monitoring, mentoring and advising” mandate, aimed at strengthening institutions, and an executive ❖ Overcoming the sharp division between Kosovar- function, which means that not only they are building national Albanians and Kosovar-Serbs and building a common capacities, but they are also directly in charge of some sections with on- unifying identity for all Kosovars. the-field presence of their own judges and police forces.

But what are these international organizations doing Admitting the difficult scenario and the great challenges they are facing, about these issues? And how does the local however, in their opinion, the results obtained so far are positive and population perceive them? their mandate will soon be over; even though they might still be needed, especially in the judiciary, given their preparation and During our trip to Kosovo we had the chance to hear many organization. different points of view regarding these topics, from politicians to media, from civil society actors to international On the other hand, local people, representatives from the Kosovar Civil organizations representatives, with the biggest difference of Society Foundation, BIRN Kosovo, Community Building Mitrovica and opinions being between civil society and missions’ political analyst Jehuna Ljushaku were more cynical and critical representatives. regarding the work done so far. The main critics, moved mostly towards

EULEX and UNMIK, were concerning the fight to corruption international missions in some areas is undeniable and the locals are and the complete prosecution of war crimes; these being feeling part of a failed experiment. Maybe the wide mandate and the overwhelmingly recognized as big failures of the international need for legitimization from all member States creates paralysis, but it presence in the country, with accusations of them being as cannot be at the expenses of the population. In a situation that does not corrupted as the local political class, who found in politics a seem to move forward and in which many do not fully believe in the way to escape charges for war crimes. potential, a significant change needs to be triggered from grassroots level, by investing more in local capacities. Furthermore, the specialist chamber is said to be malfunctioning and failing in bringing to justice war criminals; moreover, a veil of omerta is spread across the country, making it extremely difficult to get reliable testimonies.

However, I found the most concerning issue to be the lack of a unifying Kosovar identity and the neat division between the Albanian and the Serb sides. Fortunately, both international organizations (the OSCE most of all) and civil society projects are trying to bridge these two communities, especially with younger generations, so that they can come together and overcome resentment and prejudice. Nevertheless, I sensed that the majority of the adults I had been talking to were just feeling Albanian. Building a common identity is the only long term solution for the preservation of peace in Kosovo and a stable cooperation between different ethnic groups.

Building a democratic State out of the embers of an ethnic war is an enormous job, however, the failure of these

RECONCILIATION PROCESS Diego Costa Some actors of the Reconciliation Process Criminal Court: prosecuting the heroes of a founding

nation? The IBCM University was created in one side of the river with

the aim to connect the new generations. The education is the It is quite clear the intense presence and influence of International engine for all citizenship origins, not only Albanian and Serbian, Organizations in Kosovo. The Humanitarian Intervention was the but also other minorities (e.g. Bosnians, Turkish and first intrusive action of the International Community to protect Romanians). Over the years another campus was created, this civilians. Regardless of disagreements, Kosovo is seen as part of second on the opposite side. Students witnessed that there is the continent and the peace in the region means long peace for no obstacle for interaction among them. But, the berrier still on the whole continent. the New Bridge to remind local that the division still there. During our visit, the KFor team explained its future challenges. The The CBM - Community Building Mitrovica bears the fact that it border demarcation is conflicting with Serbia and partially with is the first NGO working to connect Serbian and Albanian parts Macedonia, and it is a priority for the acceptance of Kosovo as a of Kosovo. Currently, they work in network with 22 institutions country. Constant in the agenda, the political instability and the in different communities and also teach on “Dealing with the politicians set the ground for a third watching: A Kosovo Special past”. Chamber in the Hague to judge war crimes. Many Human Rights The OSCE Regional Centre Mitrovica works monitoring the violations were made during the conflict that emerged as a situation in the city, considering diverse aspects. When the tenuous tension and converged to the dissolution of Yugoslavia. main points are not being addressed the Regional start interacting to promote the theme. As example, the Asked about why the Special Chamber is a high-risk theme, they municipality zone map showed that the personal contacts answered it may be a reassembly to prosecute “Kosovo heroes” of (person to person) has improved in acceptance between the war. It means that for many people the same potential war different ethnicities, but the political speech remains. criminals are the ones who freely the country.

SOCIETAL ASPECTS Helena Gabriel

Eight instructive and eye-opening days have come to an end. We have had the chance to witness the current state of Kosovo from all imaginable perspectives. We have met state representatives, regional politicians, agents of the civil society and IGO officials. Our experiences could not have been more various. However, what affected us the most was the direct contact with locals, and the stories and opinions they shared with us. Hence, the following evaluation of our Kosovo field trip will focus on the mentality and mindset of the people we met. City center of Kosovo

Cultural characteristics mentality that was striking to us as uptight Central-Europeans. The first things we experienced in Pristina were open-mindedness Stress or hassle seems to be non-existent in Pristina. Residents and high spirits. Whether you walk along the overcrowded streets, appear to be or have to be used to the inefficiency in urban stroll in the pedestrian zone or enter one of thousands of nice infrastructure. A lack in public transport, traffic regulations and little cafés you will always be surrounded by young people, who buildings maintenance are just a few of many examples that could spend their time drinking coffee and communicating with each drive one crazy – however not a Kosovar. other – no matter what time of the day. Further, locals do not only seem to love to chitchat with each other, they were also very Despite all that, the atmosphere on the countryside appeared to friendly towards and interested in us. All in all one could speak of us much different. In Mitrovica and Peja streets are almost empty, an atmosphere of liberal minds, a city to feel comfortable. These live seemed to have been chased away. To get in contact with ease circumstances got complemented by the locals’ serenity - a locals turned out to be almost impossible.

National identity Future perspectives

Kosovo is well known for ethnic conflicts or even the epitome of Due to the high unemployment rates future perspectives in ethnic segregation. Nevertheless, all Kosovar we spoke to in Kosovo are poor – particularly for the youngest generations. private or within the safe spaces of NGO’s denied the existence of Nonetheless, there are no signs of resignation. Quite the contrary, ethnic biases. It seemed important to them to show us that all we experienced a fighting spirit, innovativeness and confidence. ethnicities in Kosovo are peacefully co-existing – especially in The locals we met have dreams and visions. They study and strive Pristina. Meanwhile, politicians or IGO officials continuous for a better future for themselves and Kosovo. appointed the Albanian-Serb problematic as one of the main challenges within the Kosovo state-building process. Therefore, Generational and gender gap we were surprised about the huge gap between the understanding of the public sphere and the experience of the civil During our time in Pristina it was notable that although streets and society. Nevertheless, nobody we met introduced himself or restaurants are overcrowded there are very few older people and herself as Kosovar, but either Albanian, Serb or Bosnian. That fact almost no women to detect. Furthermore, this generational and speaks volumes. A national identity seems to be missing. gender gap was explicitly apparent on the countryside, therefore in Mitrovica and Peja. Political views Societal aspects conclusion Contradicting to their elementary optimism many locals have lost hope when it comes to the current political system. They seem to In general one can say neither politicians nor IGO’s staff members simply have accepted a scheme characterized by corruption and made us believe in Kosovo. Civil society did. standstill. Furthermore, often IGO’s are referred to as the brake of further development, as they take not only responsibility but also accountability from national politicians.

ROMA, ASHKALI AND EGYPTIAN CHILDREN IN KOSOVO Julia Buchner

The girl on the street Lack of education as a root cause for poverty

The girl sitting on Mother Teresa Boulevard is looking down on the As a 2013 report by Safe the Children indicates, there is a number ground. It is Wednesday, the 17th of January and it is cold, even of reasons for the low enrolment of this community in though the sun is shining. “Shouldn’t she be in school right now?”, educational institutions, among those are a low levels of education I hear myself asking. Maybe even in Kindergarten, she can’t be within families and drawing from that also a lack of support for older than five or six. Instead, she is sitting on the grey stone education, as well as poor economic conditions and early plates in the main street in leggings with pink butterflies on them. marriages and child labor. The people passing her by are wearing warm scarfs, wooly hats and gloves. She has neither of those. I wonder how long she has This is where a vicious circle begins: The level of education of been sitting here and who forced her to beg. We will meet her Roma, Ashkali and Egyptian children is under average, and again several times throughout our time in Kosovo. especially girls also fear high dropout rates. As they grow older, they are less qualified on the working market in comparison to The girl in the butterfly leggings most certainly belongs to the people of the same age from other backgrounds and therefore Roma, Ashkali and Egyptian community, one of the most have a hard time finding jobs, especially given the generally bad marginalized and poorest minorities not only in Kosovo, but situation in Kosovo. This lack of options might force some people throughout Europe. According to a 2012 report by the OSCE on into criminality while it pushes others to send their young children “Kosovo Communities Profiles”, only 59 children of this specific to sit on the street for hours in order to get at least some money group participated in pre-school, which equals to 1.16% of the to get by. total number of children. Given the fact that an estimated 2% of the general population of Kosovo belong to the Roma, Ashkali and Egyptian community, this indicated that there is a low level of enrolment of this group in the educational system.

Terre des Hommes So far, Terre des Hommes managed to support 90 children at risk of abuse, exploitation, neglect or trafficking in Kosovo. One can Terre des Hommes, a Swiss foundation for children’s rights, has 20 only hope that the girl in the butterfly leggings will be one of them employees on the ground in Pristina. The organization addresses soon. the difficult situation regarding Roma, Ashkali and Egyptian children via a four-step approach:

❖ Advocacy: There is a general lack of resources in public institutions and social services. The goal is to ensure that children are protected against all forms of abuse, trafficking and exploitation. Therefore, it is necessary to support the government in its efforts to improve the legal framework and to promote cooperation of the different NGOs and social services both on a local and on a national level. ❖ Capacity Building: The NGO is closely working together with the university and offers training programs for social workers. There are also so called ‘case-management roundtables’ where experts from different fields come together to discuss the best approaches to help children in need. The trainers also offer support and supervisions for those working in the field. ❖ Migrant children: The organization offers after-school tutoring for children from difficult backgrounds that are having problems keeping up in class ❖ Special focus on the inclusion of marginalized communities

THE COUNTRY THAT WAS BORN

DIVIDED

Authors: Diego Costa Fernandes Helena Gabriel Julia Buchner Mattia Bastianelli Gambini Authors of this report in front of the monument “New Born”, a symbol of the Kosovo independence. University of Vienna Vienna Master of Arts in Human Rights 2018