UNMIK on AIR
October 15th, 2003                   
Still Existing Parallel Structures in Kosovo
(Andrea Saula)
 
 
Hello and welcome. This is edition of UNMIK on air with Sputnik Kilambi and Martin Redi
 
A new human rights report from the OSCE Mission in Kosovo shows that parallel structures continue to exist in Kosovo in several areas of the public sector. This, says the OSCE, has a direct impact on the rights of individuals and the rule of law.
Alex Hug, Head of OSCE Human rights Division.
 
Alex Hug: They are visible in all areas that affect the citizens. However we mainly focused on following ones in the areas of education, in the area of health care, in the area of judiciary and in the area of police or security. They are most visible in the North part of Kosovo, mainly in Kosovo Serb majority communities. In enclaves parallel systems and parallel structures are also visible but not too extensive as we see them in the Northern part. In enclaves, particularly in smaller ones you have mixed, a lay over of UNMIK or Kosovan systems and structures and the parallel structures, which operate parallel to each other. 
 
Mitrovica is the name that immediately comes to mind when parallel structures in Kosovo are mentioned. But the situation has changed for the better, says Alex Hug. 
 

Alex Hug: It has improved in all those areas I mentioned before, most significantly in the area of the judiciary. On January 13th this year the courts were opened in the Northern part of Kosovo and therefore we have UNMIK run courts in the Northern part of Kosovo and not any longer parallel courts. Not all municipal courts under UNMIK are open. However this is a significant step forward in the Northern part and therefore it helps and will improve the situation for all citizens there.

 

But, like the city itself, points of view on this subject are deeply divided. Mitrovica mayor Faruk Spahiju is not satisfied with recent progress. In the past weeks he's been very critical towards UNMIK. He complains that his adiministration has no control over the northern part of the city.

 

Faruk Spahiju: We don't think that real progress has been made. Some steps have been taken, but that was not what we expected. The worst thing is the fact that parallel structures still exist. We can give a lot of examples that some parallel structures exist under and according to the laws of another country.

 

Equally dissatisifed, but on the opposite side of the river where parallel structures continue to operate, is Oliver Ivanovic, one of the political representatives of Kosovo Serbs.

 

Oliver Ivanovic: The parallel institutions are those which UNMIK is trying to establish. Those which are accepted by the majority can't be parallel institutions. 

 
Nonetheless, adds Ivanovic, fear is the major reason for the existence of parallel structures. 
 
Oliver Ivanovic: It’s the fear of the people that they will be put in a hopeless situation by the institutions imposed on them. In the past four years we had very bad experiences. Imposed institutions put extra pressure on the people. The people have trust in existing institutions. They should be incorporated and integrated, but not to be put in a subordinated position. That’s the idea.
 
Under UNMIK Regulation 2000/45, all municipalities in Kosovo are self-governing. But here too, according to Mayor Spahiu, there’s a big gap between theory and practice.        
 
 
Faruk Spahiju: it’s a big concern. The integration of the city and the freedom of movement are impossible. The implementation of the Regulation 2000/45 is blocked. 
 
The OSCE report however acknowledges the progress made by the UNMIK administration to overcome some of the difficulties, including the deployment of the Kosovo Police Service. UNMiK has also created a working group to deal with remaining parallel structures. OSCE suggests that the Provisional Institutions of Self-Government and UNMIK should provide essential services, like education and health care that accommodate the needs of all communities in Kosovo.
 
Alex Hug: We do not in general say that the parallel structures should be dismantled. What we say is that decisions that have been issued by parallel structures should be channeled into a new process. 
 
The point is, says Hug, the rights of individuals should not be affected. The fact that an UNMIK Municipality has been set up in Mitrovica, he adds, means by definition that decisions taken by the parallel Municipality have to be considered illegal. If the parallel structure, for example, allowed a certain individual to build a house on some property, that house will be considered illegal. 
The OSCE report notes that all parallel structures cannot be dealt with in the same manner. Recommendations include reducing the demand for parallel services by improving services; reducing the supply of parallel services through negotiations; and imposing enforceable policies to support Kosovo institutions. Economic and security considerations as well as the political will to enforce plans, says Hug, are the key obstacles. 
 
Alex Hug: It is both UNMIK and the PISG that have to have also the political will to implement those structures and the institutions in the Northern part. But on the other hand, it is highlighted that in the upcoming dialogue with Belgrade these issues have to be addressed by both sides. And last but not least important that the citizens in those areas where there are parallel structures appreciate and accept UNMIK structures. And therefore take their services and that they are not required to depend on parallel structures.
 
And that was all for this edition of UNMIK ON AIR. Thanks for listening.