'International Community' and the Limits of External Intervention

Issue 2 November 2016 SOUTHEASTERN EUROPE ‘International community’ and the limits of external intervention ZAGREB SARAJEVO BEOGRAD Heinrich-Böll-Stiftung Fostering democracy and upholding human rights, taking action to prevent the destruction of the global ecosystem, advancing equality between women and men, securing peace through conflict prevention in crisis zones, and defending the freedom of individuals against excessive state and economic power – these are the objectives that drive the ideas and actions of the Heinrich Böll Foundation. We maintain close ties to the German Green Party (Alliance 90/The Greens) and as a think tank for green visions and projects, we are part of an international net work encompassing well over 100 partner projects in approxi mately 60 countries. The Heinrich Böll Foundation works independently and nurtures a spirit of intellectual openness. We maintain a world wide network with currently 30 international offices. Our work in Bosnia and Herzegovina concentrates on the democratization process, political education, and environmental protection and sustainable development. We support and open public fora about topical and marginalized social-political issues and we enable networking of local and international actors close to the Green values. Contents 2 Introductory note Srđan Dvornik Aiding Democracy from Abroad 4 Talking the Talk and Walking the "Unlocked Path" Walk: EU, BiH and the Quality of Democracy Tijana Cvjetićanin 9 The Macedonian Political Crisis – EU Mechanisms Tested Malinka Ristevska Jordanova 13 The EU’s Bosnia Initiative, the Reform Agenda and the Problem with Transparency Bodo Weber 18 Macedonia’s Tiresome Transition Story: Euro-Atlantic Integration Nano Ružin International Involvement and the Rule of Law 23 (Mis)rule of Law Nina Kisić 26 Bosnia: A Constitution in Distress Vedran Džihić 29 Macedonia: Stability Through Democracy! Bojan Marichikj 39 Istanbul Convention: Serbia and Croatia Jovana Gligorijević Expectations and Disillusion 42 Misty Gains from Outside: Economic Enterprises and their Magic Ildiko Erdei 45 Misunderstood Reality and Missed Opportunities Zlatko Dizdarević 49 Skin-deep Reforms vs. Thick-skinned Structures Vedran Horvat 52 Waiting for Houdini: The International Community and Bosnia and Herzegovina Miroslav Živanović Normalisation with/out the International Community 55 Media System in B&H: How the International Community Intervention has Failed Lejla Turčilo 59 Remembering the Expulsions from Krajina 1991-1995 Vesna Teršelič 63 Environmental Protection in Albania Lavdosh Ferruni 2 Introductory note Introductory note Srđan Dvornik For a long time now, the active presence However, the impact which the ‘inter- of the so-called international community national community’ has had, and has been has been inextricably interwoven with the asked to exercise, in the countries which life of each contemporary nation. One way underwent various kinds of violent tran- or another, they participate in the interna- sition was of a special kind. Slovenia and tional markets; they are exposed to cultural Croatia depended on international actors to influences, and if they are lucky, they actively negotiate the cessation of military violence; contribute to such exchanges; they are par- furthermore, Croatia, Bosnia-Herzegovina ties to a plethora of international treaties, and the rump Yugoslavia (subsequently, agreements and other arrangements; they Serbia) had to accept a prolonged presence are also members of various international of UN troops to maintain the status quo; associations, ranging from ‘extensive’ ones even when the military occupation of major like the UN, to ‘intensive’ ones like the EU. parts of Croatia and Bosnia-Hercegovina by When countries undergo deep systemic the Yugoslav/Serbian and Croatian para/ changes to their political, economic, and/ military troops was put to an end through or ideological orders, their (inter)depend- military operations, the support and tacit ence with the international environment approval of the international community may become much more intensive. That is, was decisive. Kosovo underwent a direct of course, what happened to almost all post- military intervention from outside, while communist countries a quarter of a century Macedonia managed to avoid military con- ago. The drive to use internationally estab- flicts throughout the 90-ies thanks to the lished models in developing systems of international monitoring mission under political pluralism and democracy and solu- the auspices of the UN. Again, after the tions for a workable rule of law, as well as military operations, the continued, politi- the general opening which comes with the cally produced ethnic tensions were kept ideal of freedom, led to a deliberate open- at a low intensity level by internationally ness to foreign influences. The ideological brokered arrangements between parties to decline from the ancien régime was no less the conflict, such as the Dayton and Ohrid important, brought about by the uncritical agreements, which pacified the relations, adoption of a sort of free-market fundamen- but perpetuated the structures built from talism and abandonment of the tenets of the the conflict, which has kept the respective welfare state, distorted as it might have been countries dependent on a long-term inter- under the non-democratic regimes. national presence and occasional interven- tions. Introductory note 3 Even on the eve of a post-conflict nor- coextensive with "the developed democra- malisation, the only prospect for the coun- cies" – and the reality on the ground, where tries in question is joining the EU, where the many social and political factors that are international integration appears not just together considered to constitute ‘democ- as a subject of change, but also as its means. racy’ display apparently intractable undem- These changes, driven by the conditional- ocratic characteristics. They stem not only ity of accession to the EU, have occurred in from ill-conceived international actions, legislation and institutional arrangements. but first and foremost from the power and What they have achieved could be summa- weaknesses of the societies themselves. rised as improvements on the formal level, When facing the limits of their capacity but without a change in the power rela- for intervention, the international agents tions between the societies and their states. may insist on conditionality and principles, Therein lie the crucial limits of any inter- or they may become implicated in local national intervention: It can change the political games and compromises. Or they rules of the game, it can partly assist in their could look further to broaden their scope implementation, but it cannot empower of potential partners and go beyond deals local players. with national elites, opening more space for That is why the external intervening active civic participation. Such processes factors (the so-called international com- are perhaps just starting in countries like munity) can to some extent further the rule Bosnia-Herzegovina and Macedonia. of law, but not democracy, understood as The articles collected in this issue of the self-government of the people, because Perspectives tell different stories about the the people or demos is in reality the society, current challenges of international inter- with all its inequalities of wealth and power, vention in Albania, Bosnia-Herzegovina, which may or may not have developed pro- Croatia, Macedonia and Serbia. ductive relations that make it autonomous and powerful enough to counter the political structure in the democratic game. It has long been established that there is a dis- crepancy between the fostering of emerging democracies as envisaged by various actors (both political and academic) on the international level – international here being 4 Aiding Democracy from Abroad Talking the Talk and Walking the "Unlocked Path" Walk: EU, BiH and the Quality of Democracy Aiding Democracy from Abroad Talking the Talk and Walking the "Unlocked Path" Walk: EU, BiH and the Quality of Democracy Tijana Cvjetićanin highest representatives were congratulat- The political class in BiH is notoriously unaccountable ing BiH on the "impressive achievements to both its citizens and its international obligations, so of the country’s leadership who delivered reports on things not getting done and compromises not on its citizens’ needs"1? And how has talk of being reached have been a constant in BiH’s political a "new spirit"2 and "historical moments"3 life for a long time. But what about the EU? If this is been replaced by increasingly nervous urg- ing of the BiH authorities to actually ful- where we are now, once again talking about deadlocks, fill the obligations they have taken upon broken deadlines and political blackmail – how come themselves?4 that just four months ago, the EU’s highest repre- There are two possible answers – either sentatives were congratulating BiH on the "impressive something essential has changed since Feb- achievements of the country’s leadership who delivered ruary, when BiH applied for EU member- on its citizens’ needs"? ship; or there never were any "impressive achievements" to begin with. To anyone liv- ing in BiH the answer is clear: no, there has The latest developments in Bosnia and Her- never been a significant change of BiH poli- zegovina’s political life have, once again, ticians’ ways; and yes, the EU has been over- been painful to watch. The formally adopted selling the progress of BiH

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