Kosovo: Crafting A Special Status For Northern Kosovo

A piece from 2010 that may be more relevant today as the parties -- especially the US, and the Europeans -- may be more ready to push the parties off dead stopped: https://www.rferl.org/a/Crafting_A_Special_Status_For_Northern_Kosovo/2148191.html

Kosovo: Report to the UNSG on the March 17, 2007 Events in North Mitrovica

On May 21, 2008, Judge Francis M. Ssekandi delivered to the UN Security Council a report on his investigation into UNMIK's actions around the March 17, 2007 events in North Mitrovica.  On that date, UNMIK's Pristina HQ ordered the use of force against former Serbian court officials occupying the courthouse in the northern part of the city.  We in the region -- UNMIK, UN Police and the local NATO elements, had argued against pursuing that course of action.  The report has not, to my knowledge, ever been released.  But it highlights the need for the UN to not take sides in resolving political issues during its peacekeeping mission.  A former UN New York staff member gave me a copy some time ago. 

Judge Ssekendi interviewed me and many others for the report, which was the background to the UNSG's eventual decision to replace the top UNMIK leadership -- the SRSG and his principle deputy -- by not renewing their contracts.  The report contains some comments from the disgraced UNMIK leadership suggesting that I improperly was in contact with some member governments and passed my debacle report to the Serbs.  I did, of course, have frequent contacts with member state representatives -- especially with those from Security Council countries -- in an effort to help them understand the complexities of the north.  I made a special effort to do this with the US office in Pristina as its staff were forbidden to even visit north Mitrovica to see for themselves.  I did not release my debacle report to anyone not of the UN international staff in Kosovo and New York.  I learned later that one of my officers had done so because he thought it would prove useful in convincing the northern Kosovo Serbs that the UN staff in the north was not part of an effort to subject them to the new "independent" Kosovo government.  The Ssekandi report did in fact note UNMIK Pristina's apparent tilt toward using its UNSCR 1244 peacekeeping mandate to assist instead Pristina's efforts to subject the northern Serbs to its control, thus abandoning status neutrality.  UNMIK Pristina was pushed in this direction by the US, UK and Germany.

The Scekandi report noted that UNMIK HQ would have been better served by taking into account our warnings from the north.  But by the time of the March events, I had become a perceived problem in Pristina because of our repeated efforts to caution against use of force and instead urging dialogue with the K-Serbs and elements of the Serbian government in a position to assist in gaining a peaceful outcome to the court seizure.

Kosovo: November 23, 2007 Meeting of the Task Force on the Mitrovica Area

In April 2007, the EU began to ready for assuming its role in a "post-independent" Kosovo and sent its EU Planning Team (EUPT) to begin coordinating with UNMIK on its plans to take our place.  Here follows the minutes of the fourth meeting of the Mitrovica Task Force to continue EU "coordination" with the United Nations. (Note:  Compare the comments on the courthouse and parallel institutions to what actually happened after the unilateral declaration of Kosovo independence in 2008. For example, the courthouse debacle and my congressional testimony from 2011.)

   

November 23, 2006

Minutes of the Task Force on the Mitrovica Area meeting

Participants: Gallucci, Efimov (both UNMIK), Chevrir (UNMIK – CIVPOL), Irvine, Simion (UNMIK - DOJ), Daca, Strohal (both OSCE), Stadler, Boura, Carver (all ICO PT), Denis, Moerman (KFOR), Svensson, Lukits (both EUPT)

TF reviewed the Mitrovica Court and the Mitrovica Detention Center. UNMIK noted the repatriation of prisoners agreement between Serbia and Kosovo and the possibility that Serbia might not continue implementation of it after status. UNMIK – DOJ noted that individuals were transferred in armored personnel carriers to the Detention Center and described times when KFOR had to intercede to ensure that the vehicle (surrounded by hostile crowd) could proceed. UNMIK noted ethnic mix of staff and prisoners and that 4 of the 5 “Category A” prisoners were ethnic Albanians. The TF noted no major ethnicity-related problems among staff members (staff cohesion remained intact even through March 2004 riots). There are no IC prison guards. Prison guards (KCS) are unarmed; a Special Police Unit (SPU) is responsible for perimeter security. KFOR noted its contingency plan for evacuation of the Detention Center personnel and prisoners should situation so warrant and said it could develop similar plans for the Court. They also noted that all the evacuation plans follow the certain priority listings. EUPT noted it had plans for internal security of Detention Center. The TF noted that in the case of the overall K/S boycott of the status settlement, the Serb members of KCS would follow it. If the Court and Detention Center remain in the North as mixed institutions, the challenges for transition would be: security of the facilities and transportation of the local staff.

UNMIK raised a problem of previous lack of 24/7 security at the Mitrovica Regional Court (serious implications for evidence & records). Currently private security firm provides night-time coverage (KPS or other providing day-time coverage). UNMIK noted that UNMIK Criminal Court has no effective “parallel” rival. Parallel civil courts, however, continue to exist. IC/PISG may want to review the salaries policy as a mean of discouraging staff from accepting salaries from Serbia.

Discussion turned to the general issue of parallel structures. UNMIK noted two scenarios: (1) parallel structures openly declare themselves Serbian institutions and (2) parallel structures continue to operate as “open secrets.” In second scenario, best case could be establishing a dialogue between Pristina and local parallel structures. If this is not possible, IC should have dialogue with parallel structures. Establishing contact with these structures’ personnel is critical in eventually obtaining records and convincing personnel to shift to central institutions.

ICO PT reviewed its concept for ICO in Mitrovica (ICOM), plans for staffing and monitoring settlement with possible use of corrective powers. ICO PT emphasized openness to suggestions and criticism and urged formal and informal dialogue with other IC actors. UNMIK stressed ICOM’s role as facilitating settlement implementation. Discussion turned to supporting dialogue between ethnic groups, among Kosovo Serbs, and between Kosovo Serbs and Belgrade. OSCE noted its and various NGO outreach plans in this regard.

TF agreed to review: (1) Mitrovica Hospital, (2) Mitrovica University, (3) financial flows, and potentially also the ICO-OSCE cooperation at its next meeting, Thursday, November 30, at 11:00 a.m. at the ICO PT office in Pristina. TF also agreed to review infrastructure (including utilities) and related economic issues at a meeting on Thursday, December 7, at 11:00 a.m. at the ICO PT office in Pristina. Specific agendas will be distributed ahead of those meetings.

2011: Kosovo: Time for a New Approach

I left Kosovo in October 2008 with some encouragement from the UNMIK leadership and DPKO.  (I transferred to UNMIT in East Timor as chief of staff.)  But I continued to follow events in Kosovo, contributing pieces to TransConflict, and had visited northern Kosovo in June, 2011.  I can't quite remember how the invitation came up to testify in November to the US Congress on Kosovo but I did.  Here follows the text of my comments to the Subcommittee on Europe and Eurasia, Committee on Foreign Affairs, US House of Representative.  (Note:  The Quint refers to the Contact Group on Kosovo -- the US, UK, France, Germany, Italy and Russia -- without Russia, which opposed Kosovo independence.  EULEX is the EU's rule of law entity in Kosovo and its police.)

(Note:  All documents posted in this space can be and enlarged and downloaded by clicking on them.)



 

Kosovo 2007: UNMIK HQ Gets the North wrong

From my 2007 journal:

October 23:  Today was a difficult day.  Went down to Pristina early to meet the DPKO Assistant Secretary General and brief him on the way up for meeting in Mitrovica.  I think the briefing -- which I used to broach the perceptions of reality from up here and how they differ from UNHQ Pristina -- and the meetings -- in which he could see and feel the intractable situation we face -- went well.  But I have been blindsided before by a polite hearing that hid an already established agenda.  Yesterday I saw a "code cable" to New York that was blatantly misleading about Serb "parallel institutions.  I had the ASG meet with my whole senior staff so he could hear from them.  He encouraged me to put our views down on paper through a cable to NY.  I already keep a number of NY people on my email list.  He is inviting me to help correct the picture before a Nov 6 meeting to be chaired by the Secretary General.  All and all, I'd say we are reaching some internal "cleansing of the spears."  

November 5: ... Had an inconclusive meeting with the SRSG this afternoon.  He is clueless but not absolutely stupid.  He understands that I cannot be run down or over but still doesn't know what to do with me and still doesn't understand the depth of the lake of shit all around us and what we need to do to keep from having it flood the little Potemkin village we live in.

I drafted two code cables per the ASG's suggestion, the first follows below the second will be in the next post.  Both were sent.
 

 

A Map for a New North Mitovica municipality in 2006

I prepared this map in 2006 for Martti Ahtisaari, the UNSG Special Envoy for the negotiations over Kosovo status between Belgrade and Pristina.  I was serving as the UNMIK Regional Representative for Mitrovica (and northern Kosovo).  I had met Ahtisaari some 20 years previously while working on Angola.  We met in June in UNMIK HQ in Pristina and had other meetings during the summer.  One of his staff asked me to prepare the map which I delivered to Ahtisaari's team before the year's end.  It was supposed to balance the ethnic realities by giving the K-Albanian South Mitrovica a bit of the north while dividing the territory in a way acceptable to the majority K-Serbs in the north.  It was predicated on an eventual agreement in the UN Security Council on the status of Kosovo, some acceptable form of autonomy or "independence."  Despite Ahtisaari's best efforts, the US and Russia could not agree.  Pristina declared independence unilaterally in February 2008.  Ahtisaari later became President of Finland.

The light red line was the existing border of Mitrovica (which spanned the Ibar River).  The darker red line would have been the new border with the Serb majority North Mitrovica to the east and a mixture of Albanian and Serb villages as part of South Mitrovica to the west.  The area north of the Ibar were other Serb-majority municipalities