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Dealing with the Past and Reconciliation in Kosovo: a Summary of Institutions And

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Dealing with the Past and Reconciliation in Kosovo: a Summary of Institutions And Dealing with the Past and Reconciliation in Kosovo: A Summary of Institutions and Initiatives A Working Document 2017 Prishtina, Kosovo Dealing with the Past and Reconciliation in Kosovo: A Summary of Institutions and Initiatives Acknowledgments This document is the collective efforts of the members of the Inter-Ministerial Working Group on Dealing with the Past and Reconciliation in Kosovo. Special thanks to Remzije Istrefi of the University of Prishtina for assisting with the documentation of the many initiatives and work of the Working Group. Special appreciation to Siobhan Hobbs of UN Women for consolidating this documentation into this report. We thank United Nations Development Programme (UNDP), Office of the High Commissioner for Human Rights (OHCHR), and UN Women for their contributions, as well as the Swiss Embassy and EU Global project for their financial support. 2 of 31 Dealing with the Past and Reconciliation in Kosovo: A Summary of Institutions and Initiatives Table of Contents Acknowledgments............................................................................................................................ 2 Acronyms ......................................................................................................................................... 4 I. Introduction.............................................................................................................................. 5 II. The Inter-Ministerial Working Group on Dealing with the Past and Reconciliation ................... 6 A. Background ........................................................................................................................................... 6 B. Mandate ................................................................................................................................................ 7 Work Plan and Methodology of the Inter-Ministerial Working Group on Dealing with the Past and Reconciliation ............................................................................................................................................ 8 C. Sub-Working Groups ............................................................................................................................. 9 Sub-Working Group on The Right to Know ............................................................................................... 9 Sub-Working Group on The Right to Justice ............................................................................................ 10 Sub-Working Group on Reparations ....................................................................................................... 10 Sub-Working Group on Guarantees of Non-Recurrence ......................................................................... 10 D. International Support .......................................................................................................................... 11 III. Transitional Justice Initiatives to Deal with the Past in Kosovo ............................................ 12 A. Truth Seeking ...................................................................................................................................... 12 Missing Persons ....................................................................................................................................... 12 Kosovo War Crimes Research Institute ................................................................................................... 14 Non-Governmental Truth Seeking Initiatives .......................................................................................... 14 B. Reparations ......................................................................................................................................... 17 Recognized Categories of Persons Entitled to Reparations .................................................................... 17 Benefits for Former KLA Members and Their Families ............................................................................ 19 Institutions and Structures ...................................................................................................................... 20 C. Justice .................................................................................................................................................. 25 National Prosecutions ............................................................................................................................. 25 International Prosecutions ...................................................................................................................... 26 Protection of Witnesses .......................................................................................................................... 27 Statute of Limitations and Investigations of War Crimes ....................................................................... 27 D. Institutional Reform for Non-recurrence of Violence ............................................................................ 28 Security Sector ......................................................................................................................................... 28 Judiciary .................................................................................................................................................. 29 Role of the Kosovo Intelligence Agency .................................................................................................. 30 Education Reforms to Promote Non-Recurrence of Violence ................................................................. 30 Annexes ......................................................................................................................................... 31 Annex I – Key IMWG DwPR Documents...................................................................................................... 31 Annex II - Work Plan for Drafting the National Strategy on Transitional Justice in Kosovo (2015-2017) .. 31 Annex III – List of Memorials in Kosovo ...................................................................................................... 31 3 of 31 Dealing with the Past and Reconciliation in Kosovo: A Summary of Institutions and Initiatives Acronyms DDR Disarmament, Demobilization, Reintegration DPA UN Department of Political Affairs EU European Union EULEX The European Union Rule of Law Mission in Kosovo FVU Force Vetting Unit ICTY International Criminal Tribunal for the Former Yugoslavia IMWG DwPR Inter-Ministerial Working Group on Dealing with the Past and Reconciliation KFOR Kosovo Force KLA Kosovo Liberation Army KPA Kosovo Property Agency KPC Kosovo Protection Corps NAPISAA National Action Plan for the Implementation of the Stabilization and Association Agreement NATO North Atlantic Treaty Organization NGO Non-governmental organization OHCHR UN Office of the High Commissioner for Human Rights OMPF Office of Missing Persons and Forensics PCC Property Claims Commission RECOM Regional Commission SAA Stabilization and Association Agreement STJK Support to Transitional Justice in Kosovo UNDP United Nations Development Programme UNKT UN Kosovo Team UNMIK United Nations Mission in Kosovo 4 of 31 Dealing with the Past and Reconciliation in Kosovo: A Summary of Institutions and Initiatives I. Introduction The movement for an independent Kosovo1 escalated into an armed conflict between February 1998 and June 1999. The autonomy Kosovo had within the former socialist Yugoslavia under President Tito was removed by Serbia beginning with legal amendments in 1989, and removal of autonomous institutions over the 1990s. In response, ethnic Albanian resistance began with the establishment of parallel institutions for governance (for example education, medical, tax structures), and ultimately armed resistance culminating in the 1998 - 1999 armed conflict. The conflict came to an end in 1999 when NATO, in support of the Kosovo Liberation Army (KLA), conducted protected bombing to drive back Serbian elements. The intervention led to the withdrawal of Serbian forces from Kosovo and the establishment of an interim United Nations Mission in Kosovo (UNMIK), which administered an interim government as formal arrangements for Kosovo independence were sought. The Serbian crackdown on the Kosovo resistance to the removal of Kosovar autonomy over the 1990s, and the subsequent conflict2 resulted in numerous human rights violations, war crimes and crimes against humanity including: extrajudicial deaths, sexual violence, disappearances, arbitrary arrests, and arbitrary detention. Under the interim UNMIK government and then under the independent Kosovo state, an extensive myriad of transitional justice initiatives have been undertaken in Kosovo in an attempt to establish and verify the truth about these events; seek justice and reparations for victims; and to ensure such a conflict does not happen again. Chief among these initiatives, the Inter-Ministerial Working Group on Dealing with the Past and Reconciliation (IMWG DwPR) was created in June 2012. This document is a compilation of the research and activities of the IMWG DwPR, and a summary of the main initiatives undertaken by Kosovo institutions in line with Kosovo’s obligation to deal with the past and reconciliation, as documented by the IMWG DwPR. Transitional justice processes do not happen independent of other process; and there have been a number of political, state-building and other processes that have intersected
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