Media Analysis 11 November

Process for unification of Mitrovica to start soon (Zëri)
Our approach toward justice is the same as US justice toward Al Capone (Koha)
Shala: Independence, planet Mars and power (Zëri)
Thaçi: Inertia and the new concept (Koha Ditore)

Belgrade Update

Kostunica wrote to participants of the Conference on integration of refugees and IDPs (Tanjug)

Process for unification of Mitrovica to start soon (Zëri)

According to western diplomats, UNMIK administration and its chief administrator Michael Steiner have decided to extend their power in northern Kosovo and Mitrovica. It seems that this time Steiner has succeeded in keeping the initiative in his hands with the seven-point plan to drive back Belgrade's efforts for eluding the changes in north, reports Zëri.

Sources within western diplomats are saying that the Serb regime isn't opposing UNMIK's proposals, which are also backed up by UN and the EU, in ending the financing of parallel structures in northern Kosovo and not making obstacles in placing KPS in northern Kosovo. It seems that Belgrade has formally agreed with UNMIK goals in north with a document signed several days ago in Belgrade.

UNMIK and Steiner's main aim is that UNMIK administration functions in northern Mitrovica. After the first phase we can expect that municipal government will be formed in Mitrovica including local Serb politicians even though it is known that Serbs in Mitrovica did not participate in local elections. UNMIK officials said before elections stressed that Steiner would not appoint anyone at local government because elections are the only mechanism for arriving at municipal government. However it seems that Mitrovica case is a special one, therefore it will be very difficult in evading the process of appointing the mechanism of Serb politicians in northern Mitrovica. We can expect that Serb politicians that called for boycott would not be included.

Western sources stress that now everything is clear regarding UNMIK actions that will bring substantial changes in northern Mitrovica however there are no concrete actions to be fulfilled by UNMIK.

It is known that UN Secretary General Kofi Annan will visit Kosovo on 18 November and that his arrival might give a push to UNMIK plans on northern Mitrovica, as it is known that Annan has declared against parallel structures in north and has backed Steiner's plan on unification of Mitrovica.

Reason why the Serb regime this time might be more cooperative with Steiner and UNMIK than they usually are, might lie in the fact with the current developments in Mitrovica and northern Kosovo where the influence of Yugoslav President Vojislav Kostunica's has drastically fallen. It is known that in the Serb presidential elections the majority of Kosovo Serbs voted for the radical Vojislav Seselj and not Kostunica. Even though the latter had called Kosovo Serbs to participate in local elections, the turnout was very low or the case with Mitrovica elections was totally boycotted. It derived that the influence of the two radicals in northern Mitrovica Milan Ivanovic and Marko Jaksic (is a high official in Kostunica's DSS) is greater than the influence that Serb regime has on Kosovo Serbs. The two received the support of voters in Zveçan and Zubin Potok. For the moment the official Belgrade is not in the mood to oppose UNMIK aims in removing parallel structures and normalize the situation in Mitrovica. It wouldn't be surprising if in the meantime the Serb regime changes its position and finds another solution, which would remove off their back Jaksic and Ivanovic and keep the town of Mitrovica divided.

Nevertheless it is clear that Steiner and UNMIK have a chance that no one before them had, to take the necessary steps in Mitrovica because the institutional vacuum reconfirmed with Serb boycott in northern Mitrovica has to overcome by giving one government in the unified town of Mitrovica.

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Our approach toward justice is the same as US justice toward Al Capone (Koha)
Koha Ditore carried an interview with Clint Williamson head of the UNMIK Justice Department before leaving Kosovo to his home in USA.

This is your last working day here. Can you tell us the reason why are you leaving Kosovo?
I worked for Hague Tribunal for seven years before coming here. I have been away from USA for eight years working mostly in the Balkans. When a year ago people from the State Department came to me I told them I would be here only for a year. I have definitely mixed feelings, which draw me to continue and stay, however I will return to my wife and spent time with her. This is the main reason.

What does the head of the Justice Department in Kosovo do? Did you have any difficulties and what were they?
It was a great challenge. You know how the situation regarding the laws and justice system was in Kosovo. We had to build everything from start in 1999 and there are still things to be done. This system hasn't been completed. In many ways this department was raised ad hoc. There was need for offices and they were formed. However it was not formed on the long term plan, therefore when I arrived here my aim was to form from this department a functional justice ministry which according to me is of utmost importance in the process of transition which one day will have the ministry led by Kosovars. It is very difficult to start a transition if this department isn't led properly. Thus I have had a great deal to do in giving this department the shape it has now which according to me makes it ready for the transition.

Which were the difficulties?
There were many reasons. We had limited funds. We couldn't bring the necessary personnel. It was very difficult to have the necessary financial backing and during this year we had several extra demands, as the forming of the office for the missing and the forensic office within the department. We had to form a fourth division within the department without hiring the extra personnel. The situation with resources was one of the most difficult parts of the job.

After serving for a year in Kosovo what do you think how good, efficient and democratic is the justice system in Kosovo?
Justice system here is very good. The quality of local judges and prosecutors is very high. It seems that the prison system is the best in the Balkans. The office on the missing and the forensic unit are doing an exceptional job and we have formed the position of the inspecting judge, who deals with complaints and bad conduct by judges, a thing that is unique in the region. There are things that are very, very positive and I believe that looking at the system three years ago, which in essence was non-existing, the old system disintegrated and was fully discredited, the achievements during these three years are overwhelming.

There were many complaints, that the period between the person's arrest and his trial are very long in Kosovo. Why has this happened?
This is a problem that exists all over Kosovo, no matter if we are talking about international or local judges. This foremost deals with limited finances. We have very few international judges and prosecutors. We also lack local judges and prosecutors. In fact Kosovar judges and prosecutors deal with 90% of criminal cases and with all of the civil ones. We are working with the structure that was build in 1999 and one of the things that we did is that we demanded from the Council of Kosovo's Judges and Prosecutors to see if we need extra resources, to see if we need to draw again the lines of judicial circles and similar things, but I believe that main reason for the postponing of trials lies with the resources.

Some institutions that defend human rights as the Ombudsperson in Kosovo and Council of Europe Committee have criticized the practice of long detentions of the arrested in Kosovo. What was your role in extending the detentions?
First of all I don't have a role in extending the detention and I believe that criticism made by the Ombudsperson and Council of Europe Committee were aimed at executive posts that order detention like COMKFOR or the SRSG. This SRSG (Michael Steiner) isn't using this authorization while COMKFOR has also lessened its usage. This was formed in 1999 where there was no justice system and that was the only way to remove the dangerous persons from the streets. As I stressed before this order isn't being used very often and I believe we will arrive at a point when it will not be used at all. In cases when the court sets a detention this is done fully in accordance with the law. The judge sets a detention for 30 days and if there is need to be extended the accused again faces the judge, the case is considered and the judge decides. There is nothing inadequate or different from how it is acted in different countries.

Two of most famous cases of the Kosovo justice during your mandate were the arrests of two former KLA leaders Rrustem Mustafa and Daut Haradinaj. Taking in consideration the political reflects did you have any difficulty in any of these tow cases?
Political influence does not play a role in the decision to start an investigation. This is decided by what facts we have. No one denies the fact that this person was or wasn't in the KLA. This doesn't play a role in the decision. This is based on eyewitnesses and proof that has to be consistent. At the moment when investigation ends and the prosecutor decides to issue arrest warrants or indictments we are all aware of the political influence that this could have. If this was a political process then I don't believe I would have taken the decision I took. I believe that this is best proof. Solely judges and prosecutors made those decisions. Our aim is to remove evil from the streets, all the dangerous ones or the ones that have committed a serious crime. There are many persons we believe that are included in criminal acts however we simply cannot prove their guilt. And as long as we are in this position we cannot move against them.

Were these two cases similar with other cases?
I believe at the point when investigation ends and a decision for arrest has to be made everyone was aware of the political influence that this arrest could have. There were worries that security issues have to be taken in consideration. In such cases we think how to act and less what effects will it have. However this deals more with how the person is going to be arrested than with the suspicion what if he is going to be arrested.

Another case, which was famous, and which you were criticized for was the Milan Ivanovic case, his speedy release on bail and the reduction of his indictment. Do you consider this to be a black stain during your work in Kosovo?
No, not at all. I have to repeat it is something that happens with prosecutor and judge. I cannot control what happens in one individual case. No matter if they are international or Kosovar the judge's are independent. I cannot order them to do one thing or another. I have never done such thing and I never will. What happened with Ivanovic case isn't abnormal. It happens everyday. The reviewing of the case was very long, when it had to be decided on detention or not. Most of the time reviewing cases such as this one you need two to three hours. He was there from early morning until late night. And this was the beginning of the process. The investigative review last a great deal more and still is continuing. For example the investigative review regarding the Rrustem Mustafa case is still continuing. His initial review was shorter than the one with Milan Ivanovic. He (Ivanovic) came alone and the judge who was determined to catch him revived initial evidence. It is not unusual that the review ended within the day. However the investigative part is still continuing and in the end it will be up to the prosecutor to decide will he raise an indictment or not. Therefore I have to say if the perpetration is Albanian or Serb the people must allow the system to work and see the results of the trial and sentence by the judge and only after this we should evaluate the trial.

Will Milan Ivanovic face a Kosovo court?
I believe so, absolutely. He was handed to the court and he was released on bail and as I know everything went as planed to be reviewed by the investigator. If evidence is brought against him then I believe he will stand trial. I believe there is a chance that prosecutor will indict him and he will face a trial. If he is found guilty the judge will sentence him.

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Shala: Independence, planet Mars and power (Zëri)
Zëri carries an editorial by Blerim Shala who says that all Kosovars believe that Kosovo would become independent some day, but only a few believe that power problem in Kosovo would be solved. Shala says that the only hope for improvement of the present power situation is chief administrator Steiner.

Let us imagine that Kosovo citizens in an imagined questionnaire would have to answer on these questions: Will Kosovo become independent? Will Albanians arrive on planet Mars? Will we ever have power non-stop or will situation in KEK improve?

On the first question, the answer would certainly be hundred percent positive. On the second one, maybe there will be some individuals that would say: maybe sometime. On the third question the answer would be no, never.

This reaction would not only be reflection of being Kosovo inhabitant on a cold rainy November Sunday, when there is more time without power than with it. This answer which saying on the softest way, is the shame of the three and a half years post-war period, would show that Kosovo's ordinary inhabitant has lost hopes that power supply could stabilize. Most presumably KEK and UNMIK officials would immediately reply they also don't hope that citizens would ever pay for the spent power. Nevertheless, we should first have power, in order to pay for it. Finally, those who pay for the spent power are seriously harmed by KEK. In one occasion, UNMIK chief Michael Steiner said to us that he had suggestions from all sides not to deal with power issue because he would get "burned". But it seems that Steiner knows that if this problem is not solved, than the other achievements would be unavoidably devaluated. Steiner is the last hope on this issue.

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Thaçi: Inertia and the new concept (Koha Ditore)
Koha Ditore carries a column by Hashim Thaçi, leader of the Kosovo Democratic Party, on the situation in Kosovo after the municipal elections. Thaçi wrote:

Free elections were held in several countries of the region this fall, and there were also some interesting political developments.

Bosnia and Herzegovina: The electorate gave its support for the old political forces, which are at the same time determined for a new policy - the policy of changes and cooperation.

Serbia: No one is victorious, the election race continues. Nationalist parties still have huge influence in the society, while the pro-western forces are proving to be unconsolidated, but they could win in the near future.

Montenegro: The pro-European and pro-independence block has won, but it seems that these forces are more engaged in controlling and strengthening power than in the implementation of independence.

Macedonia: Last year's crisis brought to the organization of premature elections. The elections resulted into changes in the leading structures in the parliament and the executive, but the winners-coalitionists seem incapable of managing the election victory and implementing the Ohrid Agreement. They are more engaged in symbolic than it taking over responsibilities.

Albania: The new phenomenon of consensus, the old ones showed new changes, and this step was welcomed by almost everyone.
Parties more careful, citizens more reserved

Kosovo is not forgotten, and Kosovo does not forget. The atmosphere in local elections 2002 and their results were presented and commented in various ways, mainly positive by the most prestigious media houses of the world.

Some political decision-making international centers pointed to the dimming influence of forces which have proclaimed themselves 'moderated' but are in fact inert and corrupted. The abovementioned centers claim that the political weight of more responsible political mechanisms is growing, especially the concept of the Kosovo Democratic Party.

It was also emphasized that citizens abstained from voting; that not all communities participated in the process; that these elections were organized throughout the territory of Kosovo; that there have political 'feuds', etc.
Nonetheless, the election campaign most more advanced than in the past: the candidates and the voters were closer to each other, more transparent and realistic toward each other. The political parties were more careful in their promises, and the citizens were more reserved toward these promises.

It is true that a large number of voters didn't participate in the elections. The reasons for this could be the following:

a) Their orientations are not in accordance with the programs of political parties. Even though at this stage of the transition in Kosovo, the citizens prefer determination based on their sympathies for the leader, rather than belief in a certain political concept.
b) The citizen of Kosovo can have trust in political formations, but the citizen is not sure that the elected can change the status quo. The excuse: the competencies of the leaders of local institutions are limited by the international administration. Although the documents for building functioning institutions in Kosovo foresee the progressive transfer of competencies from internationals to locals, it can be concluded that the longer this process takes, a fewer number of voters will participate in future elections.
c) Those who didn't participate in the elections don't comprise a political block. This block includes the unsatisfied and those who hesitated who know who they vote for, but still don't believe in changes. Their refusal to vote was not a protest. The abstainers are neither winners nor losers; they will be a comprising part in future political and civic processes. The abstainers should be treated as an informal group.
d) The passivity of non-participation in the elections damaged the Kosovar political entities, which work for acceleration and positive changes, and the society which will still remain a victim and will complain about those who will maintain the inertia (the current local leaders in Prishtina).
Abstention shouldn't imply boycott or isolation

Elections were organized in the best possible way by international and local mechanisms, in accordance with western standards of organizing free and democratic elections.

Elections were peaceful and without any problems that would reflect in the participation in the elections.

The elections proved that the unwritten code of conduct between political parties is still functioning in Kosovo.

There was not a single incident that could damage the process in polling stations. There was a competition of values and no political hostility. These elections are gradually creating the positive political tradition in Kosovo and are a clear message for the democratic world that the next elections can be organized by the locals.

The free media, especially the electronic media, were objective in following and presenting the candidates during the election campaign, but they failed in organizing debates - there was very little professionalism by the organizers.

The print media were also objective, even though there were some which presented certain political preferences - and they were especially aggressive toward their opponents.

There should be a transparent debate in the relation civil society - free media - political parties and institutions, so that the media don't turn into spokespersons of institutional and party protocol.

The election race included a large number of political entities, civic initiatives and independent candidates from all entities. While there was a sufficient participation of the Albanian majority and non-Serb communities, there was a relatively small participation by the Serb minority, but at the same time it was not depressive and disappointing for the leaders of the political process in Kosovo.

Despite everything else, Mitrovica remains the sole black point in Kosovo's territorial and election map. There was no boycott, but there was a minimal participation of the Serb community in the elections.

The abstention of the majority of the Serb community was a mistake which damages them the most, and at the same time damages Kosovo's image before the world. This abstention shouldn't force Albanians and the international community to react and isolate them. Only a general participation in democratic processes marks success for the country and paves way to a normal life and the return of IDPs. Let us all avoid the trap set up by the radicals. It is of utmost importance to maintain the continuity of our engagements for the integration of this community in the institutions and the society. International and Kosovar institutions should respect all minorities, and according to equal standards for all. The government of Kosovo has been doing so, but it also requires a more active encouragement and support from western countries.

Positive changes in Kosovo should be followed with changes in the mentality and concrete engagements both from internationals and locals. Kosovars have maximum respect for internationals and the values that they represent. But locals have their values too, which make them feel honorable, as every other nation with national and democratic dignity. Therefore, this requires a much closer cooperation to advance and respect mutual values. It is clear that Kosovars don't refuse the system of democratic values; therefore, the international factor should let go of the skepticism that prevents an active approach from the locals in finding a more efficient solution for overcoming obstacles.

The entire political and civic formation in Kosovo accepted the election results. There are ongoing efforts to implement the election results. Through a serious commitment, the political parties are showing a high political culture, political, civic and ethnic culture.

Institutions will be even more in the service of the interests of the citizen. The government is continuing its work in advancing democratic reforms. The respective mechanisms are undertaking measures against illegal forms of business and other illegal forms in the economy and the administration. The respective institutions have to pave way to reliable local and international investors.

We hope that the international community will continue to offer political and economic support in advancing the reforms.

The citizens and the country need a stable normality, progress and wellbeing. All political parties have promised new jobs, respect for the rule of law, a war against corruption and other negative phenomenon. They have promised a more active social policy, continuing reforms in the administration, education, science, culture, healthcare, etc. These promises must be fulfilled.

The phenomenon of voting through inertia didn't function as before but managed to survive. The vote of this 'concept' was cast in support for the conservative parties.

Votes cast in support of the 'parties of war' and their strengthening shows that this political spectrum is getting growing support from Kosovar citizens.
A traditional zone of voters and not political 'feuds'

It is very normal in every country of the world and with all the democratic standards that a political party has numerous or a few supporters in certain regional areas or certain social circles. This phenomenon is present in Kosovo too, but this can serve as an excuse for the assessment that political 'feuds' are being created in Kosovo. It can be said that there are traditional zones of voters who support a certain political party.

During these elections, there was less talk about the national cause. Nonetheless, as in other countries in transition, in Kosovo, a criteria for voting is still the ethnic background and not the universal and global values. Maybe the mistakes rests on the fact that the political parties launched their election campaign only with people of their ethnic background, but this could have surely been influenced by the non-determination of Kosovo's final political status. Citizens want to elect those who will respect their will for independence and the democratic order. However, the institution will have a multiethnic composition and this presents a success and strengthens the engagements for work, a joint life with tolerance.

Kosovo and its citizens are slowly but surely going through the process of democratic transition. A stable, efficient and transparent functioning of local governments will undoubtedly be reflected in the work of central institutions. The Assembly and Government will seriously continue to fulfill the political, economic and legislative goals in accordance with western standards, as a condition to accelerate a rightful solution for the political status and Kosovo's integration in Euro-Atlantic integrations.

Palokaj: Kosovo status is being imposed as an "unwanted problem" for international community (Koha Ditore)
Koha Ditore carries an editorial by Augustin Palokaj who says that Kosovo at present is a "UN colony", and that internationals consider the issue of Kosovo's status an unwanted problem; however, he considers that because of many obstacles that Kosovo is facing during this phase, the determination of its status shouldn't be a taboo. Palokaj wrote:

How cynical it seems. Kosovo President Rugova nominates Bob Dole as Kosovo's 'ambassador of honor' in the USA, whereas UNMIK reminds us that 'UNMIK is in charge of dealing with Kosovo's foreign policy'. At the same time, the Kosovo chief administrator reminds us that 'Kosovo's status will be decided at the UN Security Council'. Thus, the nomination of Bob Dole, if this was done on his will to help Kosovo and not only as an expression of gratitude for the work he has done so far, is a concrete step towards expansion of the lobbing at the main address for Kosovo's status.

Thus Bob Dole can have influence in the US, while the latter can have influence at the Security Council, where as Steiner says Kosovo's status will be determined.

We are now on a paradox situation, Kosovo is represented at the UN by those who represent UN in Kosovo. Another paradox example is with present situation, EU officials can represent Kosovo on the eventual negotiations at EU on the process of stabilization and association. This is the paradox of placing Kosovo under a protectorate that some call "the first colony of the UN". At this particular time, when Kosovars are told that their fate will be decided by the international community and when local authorities are forbidden to deal with foreign policy, Kosovo has to find a way for its voice to be heard out of Kosovo not only from those who represent the international community.

Therefore, if this was President Rugova's intention, then he made the right move and Kosovars should immediately open more centers for representing their interests in Brussels, Berlin and if possible also in Moscow and Peking, since there is to be decided for Kosovo too.

This paradox is only one of the factors that impose hastening on finding a solution for Kosovo. Steiner's, EU officials' and Kosovo representatives' rhetoric that 'No matter the status, Kosovo will be integrated in Europe' remains empty. For now, there is only one path towards integration in the EU, and that is the process of stabilization and association. This process is designed only for internationally recognized states, thus not for Kosovo, even though Kosovo can as it is said technically 'get closer to the EU'. Another example of the lack of status is proved to be the possibility of international loans. Kosovo cannot have access since it doesn't have the status of a state and this was finally clearly said at the donors' meeting. The lack of status is also a stumble for foreign investments in Kosovo, because they don't invest if they don't know what its future is going to be.

Another example is Zoran Djindjic's request to discuss about companies in Kosovo, because he says that 'Kosovars are privatizing them, while we pay their loans'. Kosovo's PM responds to Djindjic by saying that 'first we have to look into succession issues since Kosovo didn't take part, then the war damages and later if Kosovo still remains in debt, then they would pay. But with the unresolved status, Kosovo cannot participate in succession, and it cannot even return the eventual loans spent for Kosovo.

Croatia and Bosnia asked for compensation for the war damages from Yugoslavia through an indictment for aggression at the International Criminal Court. Kosovo cannot do the same since this court is accessible only to international countries, and Kosovo is not a country.

Thus we have this situation when Kosovo's status emerges as a problem. In fact, some circles in the EU also consider this to be a pullback in achieving the aim on long-term stabilization of the region, as mentioned these days in a resolution drafted at the European Parliament.

Inside Kosovo we also have a new development of the situation. It is unknown who is going to be faster, Michael Steiner in Mitrovica unification or Nebojsa Covic on its partition. Kosovo has a status that from inner organizing resembles a state, but it is not a state. From the aspect of international policy it is simply a 'UN colony'. Even the comparison with Taiwan, within a state but international formally unknown, doesn't stand because Taiwan is not lead by any foreign factor. Finding of Kosovo status is being imposed as a necessity, or perhaps as "an unwanted problem of international community" much earlier than some international circles expected. Hiding behind resolution 1244 cannot be long that resolution is not the resolving of Kosovo's final status. We have heard international officials say that Resolution 1244 is like 'a Bible'. But both the Bible and Koran, as sacred books, have the same fate as resolutions. It is not important what they say, but how are they interpreted. As it is already obvious, some find the reason for killing, terrorism, denying elementary rights in the Bible and Koran, while others find inspiration for work, love, loyalty and development. Without any taboo the time is coming to raise the issue of Kosovo's status.

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Belgrade Update

Kostunica wrote to participants of the Conference on integration of refugees and IDPs (Tanjug)
Solving the refugee issue in the entire region is one of the first prerequisites for establishing a durable peace and mutually agreeable problem-solving between the former Yugoslav states, Yugoslav President Vojislav Kostunica said in a letter he sent to participants of the Conference on integration of refugees and IDPs, which took place in Belgrade. Pointing out that this was the only way towards establishing good-neighborly relations, Kostunica said that, "last year a certain progress in approaching these problems has been achieved, particularly in the sense that it has been finally understood that it is necessary to deal with strategic planning and defining solutions that have to be complete, regardless on whether they understood local integration or surviving of displaced persons'.

Rexhepi crudely blackmailed the international community, says Russian Foreign Ministry (SRNA)
Kosovo will only have a future if its interim institutions of self-government are devoted to a creative work of transforming the province into a democratic multiethnic society - the Russian Foreign Ministry representative Aleksandar Jakovenko said.

The PISG should work on securing safety and equal rights for all citizens and on returns of refugees and IDPs, "instead of this, they are swaggering with secessionist statements", Jakovenko reacted to a resolution passed by the Kosovo Assembly.

In a written statement, Jakovenko noted that Kosovo's Premier Bajram Rexhepi had even "crudely blackmailed" the international community, saying that Albanians could take more radical measures including the proclamation of an independent Kosovo.

"By doing this the Kosovo Albanian leaders are yet again challenging the international community", said the Russian Foreign Ministry representative in the statement.

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