14 November 2002

CONTENTS

Steiner's vision for status similar to 'conditional independence' (Koha Ditore)

Koha Ditore carries a commentary by its correspondent in Brussels, Augustin Palokaj, who claims that SRSG Michael Steiner's vision on the status of Kosovo is similar to 'conditional independence'. Palokaj wrote:

The time and place when chief administrator Michael Steiner for the first time clarified his vision on Kosovo's status could be accidental, but what he says about Kosovo's status at the end of his speech is similar to the proposals that were made by Richard Goldstone's Commission for Kosovo, the International Crisis Group (ICG), and the US Institute for Peace (USIP) who have suggested a conditional independence for Kosovo as the proper solution.

Steiner for the first time publicly floated an idea that is going around for quite sometime now in diplomatic and analytical circles, that the European Union should take the Kosovo mission from the UN. This mission would have more limited competencies than UNMIK; Kosovars would act 'independently' under the supervision of the EU, which is similar to the proposals for conditional independence.

As happens always when a sensitive idea must be made public, then the speakers choose a university or a scientific gathering or meetings with non-governmental organizations or speeches in front of unions. Therefore, Steiner made his suggestions in a prestigious university in Berlin, and it gained much bigger dimensions than a university amphitheatre.

An idea that can be officially supported, or considered a private statement

Steiner's speech was not much directed to Humboldt students in Berlin, but to the entire public opinion in Kosovo, Serbia, Europe and to all decision-making centers.

His idea can be officially supported or called a private statement if they don't agree with what he said. However, such ideas cannot even be official. If it was expected that Steiner will say something official, then should have had the agreement of Brussels, New York, Moscow and Peking, therefore, he finds other ways in making public such ideas which are called 'test balloons'. Now we have to wait see the reflection of Steiner's words.

It didn't take much time to hear the reactions toward this speech where Steiner proposed a dialogue for Kosovo's status because there is not much time left after the 11 September.

Some Serb media said that Steiner was asking for Kosovo's independence. This can be true, but it can also be refuted. Steiner was direct and cautious in his speech; therefore he can refute this if needed. In Kosovo, his words should be better welcomed, even though there will be people who will oppose any kind of conditional independence. There were no immediate official reactions in Brussels. They only repeated that they support Steiner's policy.
A statement not without support

Nonetheless, one thing is certain, Steiner didn't make up on his own the idea that the EU should take over the leadership of Kosovo from UNMIK in the future. This idea must have been well processed in meetings he had in Brussels with Javier Solana and Chris Patten, and it also must have had US support. Regardless of the economic rivalry, the EU and the US remain the strongest allies in the world, both economically and politically. The US has said that it will remain committed in Kosovo, politically and military, but the Brussels should bear more responsibility for the future of Kosovo, because Kosovo is in Europe. The solution of problems in Kosovo and leaving more responsibilities to the Europeans would make it easier for Washington to engage in world countries in the very sensitive period of the fight against global terrorism.

As for the European Union, it is taking over more responsibilities in the Balkans. As of 1 January, the EU will take over the police mission from the UN in Bosnia. In Macedonia, the EU will take over the military mission from NATO.

Taking over the leadership of the mission in Kosovo would maybe be the biggest responsibility of the EU in the region. But at the same time, it would be very necessary because the nature of the tasks of the international community is changing. Priorities in Kosovo will now be legal forms and economic development. They must all be in accordance with EU standards; therefore there is no need for numerous UN staff members who are not from Europe. Given the stage that it will soon enter, it will be much more suitable for Kosovo to be under the supervision of Brussels than New York, UN Headquarters.

As for the definition of the word independence and sovereignty, it has changed its meaning from the time when Kosovars started asking for independence. In present-day EU, no country has sovereignty in the old meaning of the word. The member countries of the EU have voluntarily transferred a huge part of their sovereignty in Brussels where decisions are made for numerous issues. EU countries can no longer make decisions on theirown, but they must respect common rules.

The compiling of a new Constitution of the EU is leading it even more toward federalization. Therefore, when the time comes for Kosovo to enter the EU, the term sovereignty will be even more reduced. But in order to respect the basic principles of European democracy, Kosovo should enter the EU of its own free will and independent as other countries. Surely, other EU countries have set up another condition for integration, and that is regional cooperation because one day all regional countries will be in one way or the other united in the European Union.

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Steiner has signed only two laws, refused one and asked for others to be completed (Zëri)

Only two laws approved by Kosovo Assembly have been signed until now by UNMIK chief administrator Michael Steiner, one has been refused and the third was returned to be completed with his remarks that should be included in this bill, reports Zëri.

Two laws signed by Steiner are the laws on Pension and Lower Education, while the law on Higher Education was refused because the deputies did not accept one article proposed by Steiner's office, which legitimized university in northern Mitrovica. Meanwhile Kosovo Assembly has approved the law on Mortgages and law on registering Private Property according to SRSG's office were returned to be completed.

Ministries within the Kosovo Government have experts from Council of Europe and UNMIK legal office, advising them in compiling of every law so they are in harmony with EU laws standards. Kosovo Assembly deputy's have repeated several times that they should work as hard as possible for laws to be complied and approved and at the same time warned that Slovenia a very developed country comparing with other former Yugoslav republics now has to compile new laws because the first ones were not in harmony with EU standards.

Kosovo Assembly has approved of several laws in principle but they have to be fulfilled by the commissions and afterward to be approved. Those laws are: Work Inspection Law, Law on Foreign Trade Activities, Law on Environment, Law on Telecommunication and Law on Protecting the Environment. While the New Penal Law, Law on Penal Procedure, Law on Minor Delinquencies, the Law on Executing Sanctions and Law on Felony. All these laws are only waiting to be signed by the SRSG, given the fact that they are acceptable according to needed standards. However it seems that green light was not given by UN Security Council and not Steiner's office.

Meidani: Is Steiner right in his public reaction (Epoka e Re/Kosova Sot)

Epoka e Re and Kosova Sot carry a commentary by former Albanian President Rexhep Meidani in which he comments on the appointment of US Senator Bob Dole as Kosovo's representative to the US and the consequent decision of UNMIK officials to declare the appointment invalid and unacceptable.

Several days ago Kosovo President Ibrahim Rugova appointed as a "personal representative" or better said an honorary ambassador in the USA, former Presidential candidate Bob Dole. An American politician who side by side other world leaders played a rare role in developing democracy and respect for human rights all over the world, not just Albanians in former Yugoslavia, victims of the ethnic cleansing policy and genocide that was done by Milosevic's criminal regime. Naturally on one side Rugova must have requested from this noted politician who has knowledge of international resolutions and diplomatic rules, to be the official representative. And Mr. Rugova, as President of Kosovo couldn't have violated an element of UNSC Resolution 1244. Even more so today when the honoring of individuals for exceptional deeds isn't anymore "a prerogative of kings" but lies in the realm of local and international institutions, academic and university centers, cultural and sporting organizations and society at all levels.

Under such circumstances, a very normal question would be: Why then did Mr. Steiner make a public reaction?

I believe that Steiner could provide the most exact answer to this question. Nevertheless something could be said regarding this reaction. First, there should have been no reaction and there was no reason for a public one when there could have been formal consultation between the two sides. This is for two main reasons. First, because such a public reaction touches the essence of the authority of the institutions of the presidency before the Kosovo electorate and shows that he is only an interpretive ornament to humor the international Administrator. Second, he offends in one way or another the name and the statue of world known politician, Bob Dole. The first reason cannot be justified with any political balancing in the Albanian-Serb environment nor even with the worrying by Belgrade toward the just resolution by the Kosovo Assembly on the Serb-Montenegro preamble nor with the fear that UN Security Resolution 1244 competencies were surpassed. The second reason cannot find an explanation even in the current climate of disagreeing on some problems between some European countries and the USA. This cannot also be interpreted even with the rising of the EU responsibilities in Balkan issues, even though the EU is included in a very serious debate in redefining the constitution of the united European Union and the process of widening toward problems with a character of global economy. Even more that countries and nations within the EU are clearly shown as "prisoners" of special interests of member states and of an overall European policy, it is impossible not to show weaknesses and problems on security and decision making and the necessity of the Americans to be in the region. Even worse, Brussels' attention is concentrated in what it seems lately in a initiative for preserving the status quo, but does not show any encouragement in fulfilling deep changes which are outside the outdated geo-political interests of member states for committing the realistic forces in the region in solving hasty political problems.

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European Bank offers funds for airport, telecom and cement factory (Koha)

Koha Ditore quotes the Director of the European Bank for Reconstruction and Development, Jean Lamierre, said that the EBRD has showed its willingness to financially participate in projects for the development of Prishtina Airport and the privatization of telecom.

During a press briefing held Wednesday night in Prishtina, Lamierre said that the EBRD was also willing to participate in the projects for the future of the Cement Factory which has been commercialized by a Swiss company two years ago.

Koha Ditore claims that the offer of the EBRD is the first time that an international financial institution is offering Kosovo the opportunity to take loans and to participate in privatization.

"There is a need to reconstruct and develop the airport. We had detailed talks on the plans for the airport and we are looking into possibilities of finding ways to mobilize funds for projects for Prishtina Airport," Lamierre was quoted as saying.

Commenting on telecommunications, Lamierre said that legal issues should be clarified first. "The draft of the Telecom Law has been compiled and debated, the regulator should be created afterwards and then privatization can take place," he added.

Responding to a remark that the privatization of the PTK is not foreseen by law, Lamierre said that local authorities should determine the future of the PTK, whether or not it will function as an operator or will there be more. "This is not up to me to determine, it falls in the competencies of local authorities," added Lamierre.

EBRD Director claimed that his financial institution has offered its support, and that now UNMIK and the Kosovo Government should decide on the projects.

Asked about the obstacles that could emerge due to an undetermined political status, Lamierre said that the EBRD has the right to support projects in private economy and to participate in the process of privatization. "We are talking about loans and for participation in privatization," he added.

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Shala: Government and PTK (Zëri)

Zëri carries and editorial by Blerim Shala who says why did government need nine months to realize that PTK is not under its control and that except for VAT no other PTK funds were allocated to Kosovo's budget. Shala wrote:

A government announcement and press release issued on 13 November will be remembered for the conclusion that government doesn't have control over PTK. Some time ago the same government, again according to a communiqué, discussed a report on the situation in PTK, the most profitable enterprise in Kosovo, and concluded that report prepared by Minister himself was not complete. Of course all this happened after accusation stories of the two from three PTK directors already appeared in media and which if true would have to be court issues.

Eight months after its establishment, Kosovo government informs us that they have a minister to no purpose and that government doesn't posses information on what is happening in PTK. Further more, governmental officials say that except for VAT, PTK contribution in Kosovo's budget is inexistent or better saying equals with zero.

Who controls PTK then? Who is obliged to answer to whom if PTK according to consensual conclusion is the most successful enterprise?
These are only some of the questions that appear after the Kosovo government's communiqué.

Nevertheless, it is difficult to avoid the other question here: Why did Kosovo government need nine months to understand this? If this is the truth, why didn't government make efforts earlier for PTK to shell out funds on Kosovo's budget which as it is becoming obvious lately, will face more requirements to cover education and health care needs.

Rugova upset with Steiner (Java)

Java weekly ran a report in which it says that Kosovo's president is upset at the SRSG Michael Steiner's, administrative decision to refuse President Rugova's appointment of the American Senator Robert Bob Dole as "Senior Representative of Kosovo, with the title of Honorary Ambassador."

PDSRSG Charles Brayshaw wrote President Rugova a letter reminding him that the appointment of the Senator is not valid and that it is unacceptable.

Sources from the presidency say that Rugova didn't expect such a letter from Brayshaw, who in fact is an American himself, bearing in mind that the chief of the American office in Kosovo, Harnish, hasn't refused or denied Rugova's appointment.

Sources further more say that Rugova thinks that he has done a good job finishing his obligation, when Steiner in fact did notify that there is going to be an appointment for a Senior Representative from United States with the title of Honorary Ambassador.

"Any appointment of an external representative of Kosovo, such as an "honorary ambassador", without regard to these provisions in law is not valid and therefore unacceptable," says the letter, which was written to Rugova sent from Brayshaw, in which he objected the appointment.

During last week Kosovo's President Ibrahim Rugova made an announcement that the American Senator Bob Dole has been chosen as an Honorary Ambassador of Kosovo in the United States. According to the Constitutional Framework, the president along with the administrator decides on the cooperation with foreign affairs.

"On the basis of the competencies as the president of Kosovo, I Ibrahim Rugova, appoints the senator Bob Dole, as a senior representative of Kosovo with the title "Honorary Ambassador" in the U.S., it is written in the text of Rugova' appointment.

UNMIK's spokesperson Susan Manuel has confirmed that Rugova did inform Steiner about his decision, but this according to her isn't how coordination works.

In the Constitutional Framework it is said that the administrator can make associations with international relations, by including those states and international organizations, which can help on the application of his mandate.

Senator Bob Dole is a close friend of Kosovo and for more than a decade Dole has supported Kosovo's desires for freedom, independence and democratization.

"To appoint Bob Dole is a important moment for me and for the citizens of Kosovo," Rugova has stated.

This entire scene has created a first friction between United Nations administrative and the presidency of Kosovo. How long this will continue, is yet to be seen, since Dole has accepted his new duty.

Kosovo's Prime Minister Bajram Rexhepi on the other hand has stated, "Dole is very honored and respected by us. It would be an honor to start working with our diplomatic representatives not only in the U.S. but also in many other places around the world, but I have the feeling that UNMIK will not accept this, adding that he has requested to start working with diplomatic representative since the beginning of his duty as a PM, but has received an answer from Steiner "that this is too early to talk about this".

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Kelmendi: The deconstruction of Rugova's utopia (Java)

The weekly magazine Java carries a commentary by editor Migjen Kelmendi, who comments on the appointment of US Senator Bob Dole as Kosovo's representative to the US and the consequent decision of UNMIK officials to declare the appointment invalid and unacceptable. Kelmendi wrote:

I felt bad when I read the reaction of Brayshaw and UNMIK saying that they don't recognize Mr. Rugova's right to appoint ambassadors. Not that I was surprised by such a thing, but because it is not good to ruin someone's dreams. To wake up from your sleep in the middle of a dream. I wrote before that Kosovo suffers from ambivalence. But it seems that Mr. Rugova forgot about this. He is and he is not a President. As everything else in Kosovo. And Mr. Rugova is completely right: if I am President, the President should appoint the ambassadors of the state he represents. Or he is no President.

Mr. Rugova has never analyzed whether it is possible not be a President. And neither has the electorate that votes for Rugova as President.

The biggest part of the Kosovar electorate has never doubted that Mr. Rugova is President of Kosovo. The fact that President Rugova had to undergo several elections to prove himself as President, the Kosovar electorate said that these were western procedures. They have always believed in Mr. Rugova more than they have voted for him. They have believed in him as an Accomplished Man. These things return us to eternal issues: is more achieved by believing or by doubting? History proves that in times when people believed say for example in Christ or Mohamed, or in an ideology such as Communism or Fascism, they were capable of surviving huge sufferings and were able to achieve unthinkable results.

When one analyzes Mr. Rugova's political actions it immediately concludes that there is a lack of a certain strategy and technology of power. What one can notice in his political gestures and actions are the actions of a founder of a religion. And repetition. Repetition until agony: "Kosovo is a country… I am President…Kosovo is a country… I am President". As a matter of fact, isn't repetition one of the basic acts through which the religious radical clans reach the state of delirium.

During the years of slavery under Milosevic, "The Republic of Kosovo" and "Its President" were soul foods with the hope for freedom, that one day it was going to be better, and that one day we would be free.

That day has come. We are free. Not even Mr. Rugova knows how this day came, but he believed in this day. It is not important who paid the price for this day. It is important that it came.

The bad part of this is that this day came but it came with the weight of ambivalence. Belief is one of the principles of western civilization. However, the engine of this civilization was another principle: doubt. Doubt, which makes you calculate and re-calculate every move you make. In fact, doubt that makes you be careful not to appoint the ambassadors of the state of Kosovo.

Because they will laugh at us.

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Maliqi: Kosovars should decide themselves for their fate (Java)

Java carries an editorial by Shkelzen Maliqi who says that Kosovo's status will be soon on the agenda. Maliqi says that even though different proposals on resolving Kosovo status issue already appeared, the advantage of democracy is that first of all Kosovars are to decide on Kosovo's fate. Maliqi wrote:

During his visit to Berlin, Kosovo's chief administrator Michael Steiner announced again a hastening of the solution for Kosovo's status. Even though he didn't mention any deadline, it was understood that the process of definition of Kosovo's status should start immediately after completion of some anticipating works in Kosovo and the region. As far as Steiner's mandate on preparing the conditions to start the process is concerned, this is already known, if not in details, then at least in broader lines. First of all, it is Steiner's mandate to during his administration unite Mitrovica and integrate other Serb enclaves in a united Kosovo administration, led by UNMIK for start. This means dismissal of all the institutional remains in Kosovo that are controlled by Belgrade. Thus not only dissolving the bridge watchers, but all the municipal administrations and other "Kosovar" services that Belgrade government had transferred in Vranje, Nis and other cities in Serbia, or supported them in Serb enclaves in Kosovo. It is understood that as a compensation for reintegration of the enclaves on Kosovo's administrative system, UNMIK offered to Serbs decentralization of Kosovo administration, which would guarantee protection, and fulfillment of some of their national and cultural rights on local levels.

Belgrade had already spoken about the changes and cannot avoid the obligation towards the firm stance of the international community. But Belgrade tried to avoid the obligation in order to gain time. In the meantime it was twice manipulated with Kosovo Serb sentiments, first during the local elections in Kosovo, when Serbs conditioned their participation and then participated in a small number and second with the announcement of the constitutional preamble prepared by S+M Union, where Kosovo appears as part of Serbia.

Inclusion of Kosovo within framework of a state which is still inexistent, and which probably cannot even be created for some time, it is not only flagrant ignorance of the will of Kosovar citizens and institutions elected by free vote, but it also challenges the struggles of the international community to stabilize Kosovo and the region. The aims of the international community in Kosovo might be more clarified next week during the UN SG Kofi Annan pre announced visit . Of course that Kofi Annan is not coming for a routine visit, but will bring with him concrete and clarifying proposals for all sides. But it should be buried in mind that UN is in trouble itself with the mission in Kosovo. SC Resolution 1244 with its compromising content is not a document that offers possibility for solution of Kosovo's problem. At present, this resolution has a blocking influence and the need to reconsider it and also to change the mandate of international supervision of Kosovo is increasing. Many different options appeared lately, from the proposal of Serbian PM Djindjic that Belgrade and Prishtina should start direct negotiations, to the idea that the mandate of Kosovo's administration should be transferred from UNMIK to EU. An interesting initiative in all this present turbulence is that of Kosovo's president Ibrahim Rugova, who appointed Senator Dole for Kosovo's ambassador of honor in US. The intention of this nomination, contested by UNMIK, is that US should also authorize an influential voice that would represent and defend interests of Kosovar citizens.

At any rate, even though the keys to the solution are on the hands or the super powers, it cannot be expected that considering of Kosovar population's will and its institutions would be ignored during the future processes. The advantage of democracy is that resolving of vital issues for its citizens cannot be imposed. Kosovars are the first to decide on Kosovo's fate.

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