Border Management in the Kosovo–Southern Serbia–Fyr Macedonia Vortex: a Local Perspective
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FEBRUARY 2005 POLICY Brief Border Management in the Kosovo–Southern Serbia–fYR Macedonia Vortex: a Local Perspective HENRY BOLTON Henry Bolton was born in Kenya The impositions of firstly, the international bor- in 1963. Educated in England, der between the fYR Macedonia and Yugoslavia he joined the British Army in 1979 and served in various in 1992, and secondly the conversion of military roles in UK, Canada, Kosovo’s Administrative Boundary Line (the Germany and Central America. ABL), between the province of Kosovo and the In 1996 Henry was mobilised to Republic of Serbia, into a de-facto border in command a military intelligence unit in Bosnia, where he served 1999, have had significant impacts on the social for one year prior to moving to and economic lives of the predominantly ethnic the OSCE where he supervised the international police monitors Albanian border communities of Kosovo, Serbia in Western Slavonia and and fYR Macedonia within the GPKT Central Croatia. In October (Gjilan/Gnjilane-Presevo-Kumanovo-Trgoviste) 1998 Henry joined the UK Diplomatic Observer Mission in micro-region. The situation in the past, whereby Kosovo where he was liaison the people of the micro-region could travel and far, however, the central authorities and the bor- officer to the Serbian police. Since then Henry has provided interact freely, whether socially or commercially, der management agencies operating in the GPKT crises management advice to has changed. Now people wishing to cross from have failed to deliver on this requisite of border the office of the Albanian Prime Minister in 1999, has been one side of the GPKT micro-region to another, management. The Serbian refusal to recognise a United Nations Municipal say Gjilan/Gnjiilane to Kumanovo, must cross the United Nations Mission in Kosovo (UNMIK) Administrator in Kosovo, Poli- tical Advisor to the OSCE what are, in effect, two policed and guarded bor- Travel Document, UNMIKs mishandling of the Mission in Albania, Head of the ders, complete with passport checks and customs administration of those documents and the OSCE Field Station in Skopje, inspections. Macedonian Army’s failure to communicate and Macedonia, during the crises of 2001. He is also the author of co-ordinate with border management agencies in Macedonia’s Integrated Border Whilst the imposition of these new controls over Serbia and Kosovo are all examples. The failure Management Strategy. Presently Henry is working as a UK bi-lat- ‘new borders’ resulted from the fYR moreover of all border management agencies in eral advisor to the Macedonian Macedonia’s self-determination and the crisis in GPKT to engage with local civilian authorities, Ministry of Interior, dealing with international organized crime Kosovo respectively, those people living in the the municipalities, village leaders and other local and the development of a crimi- border areas of the GPKT are now paying the representatives is disappointing and ensures that nal intelligence capability. price in terms of economic hardship. The solu- they remain out of touch with the needs of bor- tion to this problem would be to implement bor- der area inhabitants. This is potentially danger- der regimes that, in line with well-established ous in a post-conflict area characterised, as Copyright 2005 international practice, expedite legitimate cross- GPKT is, by socio-political volatility and the EastWest Institute border movement of people as well as goods. So intermittent outbreak of violence. POLICY Brief Table of Contents EXECUTIVE SUMMARY . 3 Summary of Recommendations . 4 BACKGROUND . 6 Border population . 7 Border economy . 7 ASSESSMENT OF CURRENT BORDER MANAGEMENT REGIMES AND THEIR IMPACT ON SECURITY . 8 The Administrative Boundary Line (ABL) . 8 The fYR Macedonian/Serbian border . 8 ASSESSMENT OF CURRENT BORDER MANAGEMENT REGIMES AND THEIR IMPACT ON LOCAL COMMUNITIES . 10 The Administrative Boundary Line (ABL) . 11 The fYR Macedonian/Serbian border . 12 CONCLUSIONS . 14 RECOMMENDATIONS . 15 UNMIK . 15 FYR Macedonian Government . 15 Serbian Government . 16 Local political leaders and representatives . .16 2 POLICY Brief EXECUTIVE SUMMARY The impositions of firstly, the international border The present inability of the border management between the fYR Macedonia and Yugoslavia in 1992, agencies of Serbia and particularly fYR Macedonia and secondly the conversion of Kosovo’s to comprehend modern and effective border man- Administrative Boundary Line (the ABL), between agement concepts, , and their lack of willingness to the province of Kosovo and the Republic of Serbia, co-operate with each other at the local level not only into a de-facto border in 1999, have had significant leads to a failure to expedite legitimate movement, impacts on the social and economic lives of the pre- but also weakens border control through a failure to dominantly ethnic Albanian border communities of co-ordinate activity and exchange information. Kosovo, Serbia and fYR Macedonia within the Whilst the European Commission and other agen- GPKT (Gjilan/Gnjilane-Presevo-Kumanovo- cies make much of the need to develop and imple- Trgoviste) micro-region. The situation in the past, ment Integrated Border Management Strategies in whereby the people of the micro-region could travel South-eastern Europe, regional governments have and interact freely, whether socially or commercially, been slow to move on the issue, and sufficient sup- has changed. Now people wishing to cross from one port and guidance has not been forthcoming; where side of the GPKT micro-region to another, say it has, unco-ordinated advice has often been given Gjilan/Gnjiilane to Kumanovo, must cross what are, by the different international players involved. As in effect, two policed and guarded borders, complete a result, the final development, the actual imple- with passport checks and customs inspections. mentation and taking forward of these strategies in Whilst the imposition of these new controls over practice has progressed very slowly. ‘new borders’ resulted from the fYR Both Serbia and fYR Macedonia continue to Macedonia’s self-determination and the crisis in approach border security from the perspective of Kosovo respectively, those people living in the bor- militarily securing a linear feature, an antiquated der areas of the GPKT are now paying the price in and ineffective approach to borders which places terms of economic hardship. The solution to this the emphasis on security rather than management problem would be to implement border regimes that, and efficiency. The linear feature approach has in line with well-established international practice, proven itself flawed when dealing with organised expedite legitimate cross-border movement of peo- crime across the world, from Uzbekistan to Mexico, ple as well as goods. So far, however, the central and is presently proving itself helpless against authorities and the border management agencies organised crime in the GPKT micro-region. The use operating in the GPKT have failed to deliver on this of intelligence-led operations to target illegal cross requisite of border management. The Serbian refusal border movement is not new to the Serbs, but is an to recognise the United Nations Mission in Kosovo anathema to the Macedonian army. (UNMIK) Travel Document, UNMIKs mishandling The emphasis on security rather than manage- of the administration of those documents and the ment is also evidenced by the inappropriate Rules Macedonian Army’s failure to communicate and co- of Engagement issued to border management per- ordinate with border management agencies in Serbia sonnel by both the Macedonian and Serbian author- and Kosovo are all examples. The failure moreover ities. Whilst border management personnel must be of all border management agencies in GPKT to given the right and means to defend themselves, the engage with local civilian authorities, the municipal- use of lethal force in order to interdict an illegal ities, village leaders and other local representatives movement needs tighter control and more sophisti- is disappointing and ensures that they remain out of cated training. touch with the needs of border area inhabitants. This Much popular and local government attention is potentially dangerous in a post-conflict area char- within the GPKT micro-region is given to the open- acterised, as GPKT is, by socio-political volatility ing of additional border crossings in order to expe- and the intermittent outbreak of violence. dite legitimate cross-border movement. This is 3 particularly the case between the villages of Lojane fYR Macedonian Government and Miratovac (between southern Serbia and fYR Macedonia). However, the costs of establishing new ■ The Macedonian Border Police, when taking crossing points and the difficulties in maintaining over responsibility for their northern border, them are hard to justify when the proposed crossing should adopt fully their government’s National is only 3km from an already established crossing Integrated Border Management Strategy. point. A full survey of the needs of local communi- ■ Without delay, the fYR Macedonian Government ties, the costs involved and other possible solutions should review and amend the Rules of should be undertaken before making a decision to Engagement issued to border management per- establish a new crossing point, in order to ensure sonnel, taking into consideration relevant human that the best and most appropriate solution is rights legislation and European best practice. The applied. Government should