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: Meeting of the Mitrovica Focus Group, 19 April 2006

This was an attempt to bring together the north Kosovo Serbian community with the Pristina diplomatic community to reengage on practical issues of local concern.  Not all of the internationals felt comfortable doing this on their own.  The Americans did not feel safe even going into the north.  The meeting was held in our UNMIK Mitrovica HQ.  (I did not draft these minutes.) 

UNMIK Participants: Gerard Gallucci, RR Mitrovica; Andrei Efimov, SPA Mitrovica; Detlef Beisiegel, MR Leposavic; Jean-Luc Sintes, MR Zubin Potok; Alex Melbourne, OIC MR Zvecan, michail Krasnoshchekov, PAO/SRSG, Svetlana Pencheva , PED, Mitrovica, LtCol. Noel Joyce, Senior MLO Mitrovica, Lt.Col. LeMarec, KFOR.

Serbian participants: Momir Kaslovic, Head of regional CCK, Srbrolujb Milenkovic, Chairperson of UAM Advisory Board, Dragisa Milovic, MAP Zvecan, Slavisa Ristic, MAP Zubin Potok; Velimir Bojovic, MAP Leposavic

Participants of International Liaison offices: Zoltan Balazs, Deputy Head of Office, Hungary; Ruairi O’Connel, Deputy Head of Mission, Bristish office; Ann-Sofie Nilsson, Head of office, Sweden; Gloria Di Luca, Deputy head of office, Italy; Wim Peeters, Head of Mission, Belgium; Margriet Struijf, Head of Office, Netherland; Sergey Bazdnikin, Head of Chancery, Russuan Federation; Yvana Enzler, Head of Mission, Swiss LO; Wolfgang Koeth, EC Office; T. Kirk McBride, Chief Political and economic Affairs, USA; Heidi Hakone L Barrachina, PO, US Office, Eugen Wollfarth, Head of German LO, Pierri Johan Kuan, Norweegian LO, Rodolphe Richard, Deputy head French LO, Christos Tzavaras, Head of Greek LO, Christian Siegl, Deputy Head of Austrian LO.

The Regional Representative of Mitrovica Mr. Gerard Gallucci welcome international participants at the first part (without locals) of the meeting of the Mitrovica Focus Group (MFG). He said that the MFG is seen as continuation of the initiative “Friends of Mitrovica” that commenced in early 2004. The MFG is a group with focus on Mitrovica region, the stickiest problem of Kosovo and it is good to see international stakeholders with an interest what the international community can do to keep the place calm and peaceful. MFG is not focused specifically on the north. The next meeting hopefully will embrace all six MAPs of the region. The CA in Mitrovica has been developing relationship with the three northern municipalities and UAM and keeping the relationship with Albanian from the south part of the region. CA is seeking to develop relationship of engaging them positively with the International Community and even offer them some solutions related to the every day problems of local communities. The population in the region has problems with insufficient drinking water usage, and K-Serbs and K-Albanians have found it possible to meet and talk to each other to address this issue. We want your engagement and financial support and we are particularly interested in dialogue between northerners and the international community.Our concern is how to hold the north, which we find to work with us. Serbia might advise them to cease cooperation as it happened with Education. We find it important to give the northerners opportunity to be heard, listening has had positive effect, a focus helping them with a practical concern. They have been advice to keep politics to a minimum when coming here. They will be bringing with them a list of priority quick impact projects of most immediate impact. (QIP). The international community is a good listener and a positive partner.

At the second part of the meeting K-Serbs joined it. The RR gives the floor to K-Serbian participants for brief presentations:

Miomir Kasalovic, Head of Regional CCK. He welcomes participants in his name and on behalf of Sanda Raskovic-Ivic. He presented issues in his opinion comprising the biggest burden for the population in Northern Kosovo:

• Internally displaced persons ( IDPs). There is no adequate accommodation for them and we would like to provide such for everyone.
  • Roma IDPs. It’s one of the huge burdens, for which we need to find solution.
• Employment. It is much needed for IDPs, to have jobs and provide incomes for their families. The CCK is doing as much as possible, but its recourses are rather limited.
• Infrastructure. The road network is in worse state than in 1999. Even what we had has been damaged by heavy KFOR vehicles. We want to improve the road network and to have investments in the road infrastructure

These problems are problems of all ethnicities. I am not going to count everything else we miss and need, but let us start from the basic issues.

Dragisa Milovic, MAP, Zvecan. He welcomes participants. He is MAP of a municipality with 17,000 populations. All problems which have been mentioned by Mr. Kasalovic are common for all northern municipalities. For the first time we stay around the table with people who are willing to help us. More attention has been paid until now to the Albanian community.

• Infrastructure. If you have visited northern municipalities you should have seen the condition of roads there. The infrastructure needs to be improved. The municipality has put efforts but its resources are strongly insufficient.

• IDPs. There are 4,000 IDPs for which only the municipality takes care. Not much has been done for providing decent conditions for IDPs. We fully support new UNMIK approach that allows people to choose to live where they feel comfortable.
• Employment. There is 3,000 unemployed in the municipality, many of them former Trepca workers. We see the solution in opening mines and creation of small and medium size enterprises with 10-50 employees. There are good conditions in the municipality for stock breeding, fruit production, and tourism. Municipality Zvecan has prepared projects and can offer solutions for all these.
• Tourism. Favourable conditions for tourism stay with Banjska mineral spa, where 5,000 people were coming yearly for treatment and rehabilitation till 1999
• Sports facilities. There are not such facilities in the northern part of Kosovo and they are much needed especially for the young generations. To keep young people away from drugs we need to offer them employment, jobs and alternative activities.
• Available experts in all fields. We have experts in all fields who are currently unemployed. What is needed -- a little support and chance to do what they can. We have relevant projects and you may wish to look at them.

Salvias Rustic, MAP Cubin Pothook. He thanks for the opportunity to talk to internationals on practical matters without touching upon politics. If we succeed to solve problems of people for their every day life we shall solve also the political problems. I am MAP of North-West municipality, which had just 10,000 populations till 1999, now the number is much bigger due to many Dips that settled there from other places like Croatia and Bosnia. There is one KA village in the municipality Qabra with 1,200 inhabitants. Zubin Potok had its economic development till 1999. It has resources for pure drinking water for half of Kosovo population. It has plans for development of tourism: we have the lake and the mountain Mokra Gora. There is a hydro station and electric energy is produced in the municipality. The problems in Zubin Potok are:

• Unemployed young people-key problem of the municipality. We want Zubuin Potok to get help in opening new jobs.
• We need a Health House (polyclinic) to improve health care and for emergency cases of patients, because the hospital in North Mitrovica is very far.
• Problems with local road infrastructure. There 64 villages in Zubin Potok in the mountains. Their connection with roads is very bad. In past years some roads have been damaged by heavy KFOR vehicles. The state of streets within Zubin Potok is similar and we need to improve this.
• We need 100 accommodations for IDPs and vulnerable families and individuals.

Velimir Bojovic , MAP Leposavic. The problems in my municipality are the same like mentioned by my colleagues. Leposavic has 20,000 inhabitants. There are 3 Albanian villages, factory for small metal parts in Lesak, “ Parva petiletka” factory in Leposavic, and factory “ Hrast”. Trepca is operational only in Leposavic, where there are two mines. In the past there were several thousand workers in Trepca, but today only 520. Problems we are facing in Leposavic:

• Some problems are related to Belgrade’s policy.Raw materials are imported from Serbia and final products are exported back to Serbia, so custom duties are paid twice.
• There are very good resources for cattle breeding, fruit and berry production, people are interested to work in this field. However, there is no equipment for storage and also credits with favourable conditions are needed.
• There are excellent conditions for tourism. Nothing has been yet constructed on the southern part of Kopaonik Mountain and there are 200 days of snow there, favourable for winter sports.
• There is a spa which waters are favourable for skin diseases near Socanica in the village Kievcice, Elernska reka.
• Other needs are new schools, kindergarten and sports facilities. Leposavic has very good achievements in sports and we would like to provide opportunities for our young generations.
• We have completed the Strategic development plan for Leposavic- (the Development Agenda under mitrovica Initiative project).
• Unemployment levels exceed 3,000. there are experts in all fields. We need minimum conditions and credits to generate income.

Srbroljub Milenkovic, UAM. He welcomes participants. What are needed in the north are 200 accommodations and 1,000 jobs. Our share of municipal capital investment is 10,000 only and we cannot do much with it. The northern part of Mitrovica comprises 1/5 and there are approximately 20,000 inhabitants of which 5,000 IDPs from all over Kosovo. The northern part of Mitrovica is highly multiethnic with Albanians, Turks, Bosnjaks and Gorani living there. However, all economy after 1999 has remained in the south. All facilities such as Cultural centre and sports facilities have been built in the south and there is nothing in the north. In the same time we need these strongly. We also need schools, especially secondary, a Trade centre, green market and kiosk market in order to create favourable conditions for trade and create new jobs. We cannot do much because of very limited budget: for capital investments this year we have only 10 000Euro. These all are important for creating working places. We have very good experience with EAR which funded 2 million heating plant located in the north bur providing heating for both parts of Mitrovica. Under existing financial conditions we even cannot order technical design of a project. Just imagine we will spend all our money for design but afterwards fail to generate donors’ support for its realization.

Representative of EU informed the meeting that the Union committed for 2006 10,5 million Euro for Mitrovica and Zvecan and is prepared to provide 7 million Euro for infrastructure projects in Kosovo. He advised MAPs to consider best options to join these projects. However, he reminded that in accordance with EU rules all proposed projects should contribute to EU integration of Kosovo and for multiethnic links.

MAP Zvecan assured that there will be full transparency and control over donated money. He also stressed that infrastructure definitely relates to all communities.

Momir Kasalovic, asked by RR to provide assessment of political situation, said that there are a lot of concerns on K-Serbian side. Regarding security (explosions during last four days), regarding statements about independence of diplomats representing important countries, regarding lack of returns, regarding “double standards” applied by IC for different communities. It is all unacceptable for K-Serbs. However, they are trying their best to maintain contacts with IC in order to decrease tension (the last meeting was with Frank Wisner). Especially good understanding exists on regional level in Mitrovica.

Kosovo: November 30, 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 fifth meeting of the Mitrovica Task Force to continue EU "coordination" with the United Nations.  I don't seem to have any record of follow up meetings, if any occurred.  But I do have a copy of the OSCE report (a 62 page document) and it can be found here.

Minutes of the Task Force on the Mitrovica Area meeting

30 November 2007

Paricipants: Gallucci, Efimov (both UNMIK), Santillan-Luzuriaga, Butchart Livingson, Strohal (all OSCE), Stadler, Boura, Battista, Carver (all ICO PT), Guehenneux, (KFOR), Zuuccarini (EUPT), Thornton (US Office)

OSCE Preview of Report on Parallel Structures: observed the difficulty in obtaining accurate information from such structures. Noted that approximately 50 individuals serve as “bridge watchers,” who can be reinforced by another 50-250 people at any time. Also noted the dilemma of double jeopardy given the parallel courts and the questionable validity of documents issued by such courts.

Financial Flows: UNMIK estimated that 85 million euros in dinars come across the administrative border from Serbia to finance salaries, pensions, and parallel institutions in the north. Any clampdown on transfers would have to cover the entire border, not just the gates. If the IC were to seize cash transfers, it would have to consider having a distribution network established to allocate the funds to legitimate recipients. Otherwise, potential for unrest (fueled by hard-line propaganda) would increase. Worth exploring a dialogue with Belgrade on how the boycott of PISG is working.

Hospital: Run under Serbia’s Ministry of Health; likely no K/A’s on staff; has refused funding from Pristina; no formal professional ties with K/A medical personnel; not secure for K/A’s to travel to hospital although a few cases of emergency treatment of K/A’s are known; likewise for IC personnel; IC should consider ensuring that medical imports from Serbia are exempted from taxes at border.

University: New rector told UNMIK he is open to dialogue; rector does not appear to be working toward accreditation of diplomas; university budget approx. 12 million euros (no financial links to Pristina); serves 5,000-8,000 students, including in K/S enclaves south of the Ibar (many of these students study in the enclaves and travel to Mitrovica just for exams); university leadership refers to institution as “University of Pristina in Mitrovica” (consensus was that this should be acceptable and downplayed as an issue); some ethnic Albanians from Montenegro enrolled; encourage European Commission to find ways to link the Mitrovica and Pristina universities via Brussels (possible if election of rector of Mitrovica U. meets Bologna standards). OSCE noted that legitimate election of rector only requirement for accreditation. UNMIK will raise informally with Mitrovica U. issue of Bosniaks with PISG diplomas seeking enrollment in Mitrovica U.

General Conclusion: Attempts to dismantle parallel institutions in the early stages of settlement implementation could prove counterproductive.

Next meeting: Thursday, 7 December, 11:00 a.m., ICO PT Office, Pristina

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.

Kosovo: November 16, 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 third meeting of the Mitrovica Task Force to continue EU "coordination" with the United Nations. (Note: HPD refers to the Housing and Property Directorate and handled KPA issues in Mitrovica.)

 

November 16, 2006

Minutes of the Task Force on the Mitrovica Area meeting (3)

Participants: Gallucci, Efimov (both UNMIK), Butchart Livingston (OSCE), Boura, Carver, Stadler (all ICO PT), Zuccarini (EUPT), Guehenneux, Denis (KFOR), Urny (UN Police)

Guests: Nunan (HPD Mitrovica), Rolando (DOJ), Oliver (UNMIK)

UNMIK noted the large potential problem of 6 – 7.000 K/A wanting/trying to return to N. Mitrovica and also assessed that there will be likely about 2.000 K/A living in the north once the settlement, with potential adjustments of municipal boundaries, is implemented. A very close link to the property issue was noted. Several participants stressed that K/S living in the north would conversely not return/move to the south after settlement implementation.

KPA outlined the Administration and Repossession property programs. So far, there have been 1250 claims by K/A for their properties in the north, whereas one fifth of those are destroyed houses. KPA stressed that its policy is to avoid evicting IDPs and ensuring that no one is rendered homeless as a result of eviction. The CCK agreed to evictions as long as people were not put out on the streets.

UNMIK and KPA emphasized that the stock of housing is not sustainable given the demand for repossession, particularly in light of further sales of property ethnic Albanians claim. High prices (under market conditions) of such properties were noted. A few ways of helping prevent this phenomenon from becoming a major problem are: (1) to promote a few returns of ethnic Albanians to the north (ex. Doctors’ Valley); (2) to create a plan for gradual addressing this issue over time (1 year and beyond); and (3) to fund an international housing agency/program from the donors’ conference to help provide additional housing. All those should be accompanied with effective dialogue and explanations to both sides: K/A and K/S. CCK’s efforts to add to the housing stock should not be prevented. KPA also outlined its rental and social housing scheme, noting that rents for properties in northern Mitrovica were necessarily below market value and should remain so in any similar future program. Security assurances, linked to the repossession of property and potential returns, should be addressed accordingly.

Participants noted the need to address housing for the Roma community. While UNDP is to cover the Roma Mahala project (in cooperation with the municipality), the Osterode camp, currently managed by UNMIK DCA, will need to be taken over (future local municipality issue?, with ensured funding?).

Participants noted problems with cadastral records and the insufficient capacity to adjudicate property claims.

There has been no privatization in the North, where the Trepca complex remains the main issue. UNMIK, as the protector of Trepca against creditors, turned reluctant to prolong such approach which causes unrest among K/A and K/S. Participants noted the lack of clarity regarding ownership, PISG’s determination to decide about the administration of the complex and whether Trepca would be liquidated (Supreme Court to handle the case!).

Related issues that will need to be addressed (preferably by the Kosovo Government) include:

• Pensions for Trepca workers – who pays them (PISG, CCK?),
• necessity of maintaining the pension and salary system,
• dealing with the claims for unpaid salaries / pensions (cca. 18.000 claims at municipal courts),
• Similar complaints from elsewhere, f. ex. dismissed workers in Obiliq/c,
• Discriminatory provisions for participation in privatization for K/S workers (in 3 last years almost no K/S allowed to work),
• Access to the courts to file in complaints.

The TF will meet November 23 at 11:00 a.m. at the ICO PT Office in Pristina* to discuss (1) Penal Management in the north; (2) the ICO PT’s concept of the ICO and its mission in the region, including regarding (a) the functioning of municipalities and (b) Issues that the Joint Board could address, inter alia, to foster inter-ethnic cooperation.

* The venue of the next meeting has been changed meanwhile; the next meeting on 23 Nov will take place in Mitrovica.

Kosovo: November 9, 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 second meeting of the Mitrovica Task Force to continue EU "coordination" with the United Nations. (Note: CRC refers to Crowd & Riot Control.  I believe ESDP may refer to European Security and Defence Policy operations.)

November 9, 2006

Minutes of the Task Force on the Mitrovica Area meeting (2)

Participants: Gallucci, Efimov (both UNMIK), Butchart Livingston (OSCE), Carver, Stadler (both ICO PT), Zuccarini (EUPT), Guehenneux, Denis (KFOR), Urny (UN Police)

Guests: Moskowitz, Ciaravolo, Rolando (DOJ), Neisse (ICO PT), ??? (US office)

Ad 1) CRC

EUPT informed about tasking to engage also in the CRC planning, while noting that in the overall concept of the future mission the primary responsibility lies with the local authorities, i. e. KPS for the police. Some argued that ESDP needs its own CRC; if not, KFOR needs to stay on the bridge, sending a wrong message contrary to the policy of “towards normalization”. The TF agreed that divided Mitrovica poses a special challenge and therefore identified a need of a standing element to be able to respond to any deterioration of the security situation. A possibility of non-implementation of the status settlement was also noted in this context. 

In general, chain of response is: KPS – IC-police – KFOR. Taking into account the specific situation in Mitrovica, where divisions occur also in KPS, the TF thought that IC-police should remain to stand ready, with KFOR ultimate back-up when necessary / opportune. ICOM’s security should therefore rely on the IC engagement.

Coordination of the IC actors should work through LOs to ICOM. Concerning CRC, there was thinking that the Unit should be led by an IC-commander, with direct links to KPS, to HoICOM and to ICO HQ in Pristina.

Ad 2) The Administrative Border with Serbia

The TF reviewed the current model, where KFOR provides security in the northern Kosovo, but does not directly operate on the boundary. It was noted that it is important that KFOR maintains its presence in the Nothing Hill base and continues with the current approach – also in a support to the future ESDP mission. EUPT foresees permanent presence of the ESDP mission on the gates 1 and 31, while noting that with the new UNSC Resolution KPS will be allowed to engage on the boundary / border with Serbia. Additionally, they plan for mobile teams covering the rest of the area.

Ad 3) Ibar and the bridges

The TF anticipated potential increase of a security risk (as Ad 1). To prevent any adverse incidents, a very determined and clear mechanism will be needed for a hand-over from UNMIK Police to the ESDP mission. A need for a firm mandate was also raised, as the only approach to prevent partition scenario. 

The majority voiced the preference of no (visible) changes of the IC police deployment and engagement in the area, pointing out a need for fixed locations / check points of the ESDP mission on potentially critical locations (bridges, Three Towers, Bosniak Mahala).

Ad 4) KFOR / IMP

KFOR informed that no changes in deployment are envisaged for a period of 6 months after the status settlement.

Ad 5) ESDP Rule of Law Mission

EUPT briefed on the planning process, pointing out limited retention of executive powers for police and justice. The TF identified some particular problems for Mitrovica: location of the higher-level court (secure access, security in the court), property claims, the issue of personal documents and the parallel structures. The TF supported that vetting process should be completed before ESDP takes over.

Ad 6) What should be role of the KPS?

In Mitrovica, KPS performs only basic police tasks, but not the “ethnicity”-related ones. It was noted that the northern KPS has no capacities for sensitive or more sophisticated jobs, such as forensics, crime-investigation, etc (conversely, parallel structures do). KPS of other ethnicity therefore needs special protection if their job takes place in the North.

Additionally, a problem of potential non-cooperation of the northern KPS was raised upon the status announcement (change of uniforms, not following the orders). The TF supported that the issue should be raised with Belgrade in advance.

Ad 7) How to address information-sharing?

The TF agreed that there is a need for permanent mechanisms among the IC players, sensitive / confidential info included. Information flow can be channeled through: LOs to ICOM, permanent dialogue on different levels and adequate reporting.

Ad 8) Any coordinated public outreach (is there a PISG plan)?

The TF agreed there is a need to demonstrate coordinated international posture during transition and after status. It should be two-fold: 1.) informing officials (on status implementation) and 2.) campaign for people (need to ensure translations of the status settlement proposal with “frequently asked questions” as soon as the status settlement document becomes public).

Ad 9) Role of OSCE?

OSCE sees their role of “eyes and ears” of the ICO in the field all over Kosovo, including reporting on the status implementation. Although it can be assumed that general reporting can be shared and the focus of it determined locally (i. e. by actors in Pristina), the TF supported a more formal arrangement on the issue. Modalities should be discussed asap on the level of HoMs in Pristina first, followed by talks with OSCE in Vienna.

Ad 10) Evacuation planning during transition / post-status?

Till UNSCR 1244 in place, there is the existing UN evacuation plan (with KFOR support if needed so) for all IC players. It was noted that there is no support to local staff (remark: sensitive issue in the case of Mitrovica!).

Ad 11) What is status of transition plans for above areas?

While PISG and IC consult and plan for the transition and following status implementation for the whole Kosovo, particular plans for the North do not exist. As a particular point in this context, DOJ raised the issue of transition of the on-going trials (question of keeping the composition of same panels).

Ad 12) The next TF meeting will take place on November 16 at 11:00 a.m., UNMIK Regional HQ in southern Mitrovica (3^rd floor). Topical focus: returns, property and Trepca privatization.

Kosovo: November 2, 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.  In UNMIK Mitrovica's first meetings with the EUPT in Pristina, it was clear that the the EU people believed they were the knights on white horses sent to clean up the mess left by the UN.  They were not much interested in our views and wanted from us only what was necessary to leave the stage for them.  Things didn't work out that way and as of February 2019, both UNMIK and the EU are still there.  Indeed, it was only years later that the EU was allowed to place staff (other than police) in the north.  Here follows the minutes of the first meeting of the Mitrovica Task Force formed to start planning for the establishment of the EU''s International Civilian Office (ICO) that they saw becoming the new boss in Mitrovica.  They proved to be clueless.  (Two more meetings were held and those minutes will follow.)

November 2, 2006

Minutes of the Task Force on the Mitrovica Area meeting

Participants: Gallucci, Efimov (both UNMIK), Daca (OSCE), Carver, Stadler (both ICO PT), Zuccarini (EUPT), Guehenneux, Bruno (KFOR)

Ad 2) The Task Force (TF) agreed on its main goals: to identify and analyze key issues in the region that needed international attention regarding the transition and status periods, and to present policy-makers with options (“TO DO” list) for addressing those issues, namely in 3 areas: 1. list of potential breaches of the status settlement (i. e. parallel structures), 2. list of priorities of implementation of the settlement in the North and 3. tool-box to enforce the implementation (sticks and carrots).

Ad 3) The TF identified and reviewed advantages and disadvantages to locating the International Civilian Office - Mitrovica (ICOM) on either side of the Ibar. Several participants noted the need for access and the value of exposing the two major ethnic groups to each other, which could be more easily achieved by an office in southern Mitrovica. Some participants voiced concern that locating an office in northern Mitrovica could be interpreted as endorsing a partition of Kosovo. Others thought that an office in the northern part sends more proper political message, since the ICOM’s target population would mostly be K/S. The TF agreed that it is difficult to judge the physical security advantages of either location without knowing what the security environment will be under status. It was noted that good coordination with EUPT will be needed when deciding on the physical location of ICOM to plan and deploy ESDP component accordingly.

Ad 4) The TF reviewed possible numbers of ICOM staff members and discussed the option of maintaining ICO personnel in each of the northern municipalities. TF members observed that such a presence could provide the ICO more and better opportunities to intervene in status implementation issues; besides it would actually offer direct help and guidance to K/S locally. Such an ICO presence could also reassure Albanian minorities in those municipalities as well as demonstrate that the ICO would not allow partition of the north from the rest of Kosovo. TF agreed that ICOM would be the only communication link between Pristina and the North. Some participants noted the double standard of maintaining a presence in the northern municipalities while not doing so in the southern ones. The majority of participants supported the option of co-locating one ICO advisor in the OSCE field office in each of the municipalities at least part of every work day with the ICO branch office located in northern Mitrovica.

Ad 5) The TF identified several issues for possible review in future meetings (ranking below does not necessarily correspond to accurate prioritizing):

- property: linked to returns (particularly of K/A to the North), including social housing and rental schemes;

- privatization, with the core case of Trepca, linked to pensions;

- economic decentralization with infrastructure and utilities (electricity, water, phone lines, media transmission);

- economic development and job creation;

- freedom of movement (returns and security issues); transportation; travel documents and licence plates;

- security and the rule of law mission (core case of the Bridge);

- financial transactions and money flows; currency;

- modalities of implementation of the new decentralization: replacing the UAM;

- the university and the hospital: any new arrangements;

- the parallel courts and police;

- future of the KPC (in the North);

- facilitation of inter-ethnic contacts and cooperation;

- public communication strategy and access to the media.

Ad 6) The TF agreed to meet Thursday, November 9, 11:00 a.m. – 1:00 p.m., in the ICO PT offices in Pristina to discuss security issues.

Kosovo: August 2005 Briefing on Trepča

The memo on the Trepča issue that follows was prepared for me after my July 2005 arrival in Mitrovica as UNMIK Regional Representive.  (Trepča was under UNMIK management.)  During my time in Mitrovica, I paid special attention to the various economic issues, which in many cases were in contention between Serbia and K-Serbs on one side and the K-Albanians and the internationals supporting them on the other.  These included Trepča -- which had facilities and workers on both sides of the ethnic divide -- as well as electricity production and delivery (KEK and Obilić), water (Gazivoda), telecoms and ownership of Serbian owned entities such as JugoPetrol.  I believed that a final political settlement -- difficult in any case -- could be facilitated by reaching fair agreements on economic matters giving both sides an incentive to make the agreement work.  Thus I encouraged Special Status Envoy Ahtisaari to address these matters in his final status proposal but he decided against apparently under pressure from the pro-Albanian internationals and especially the US.  I believe Trepča status is still unsettled.  

Trepca Mining Complex

Briefing Notes for new Mitrovica Regional Representative

What was/is Trepca.

Trepca was a massive and diverse base metal mining conglomerate operating throughout the former Yugoslavia with its principle assets and activities based in Kosovo, managed from offices in Mitrovica, Zvecan. With operations commencing in the mid 1920’s by a British company, at its peak in the early 80’s, the now state owned business employed over 20,000 workers. With three primary lead and zinc mining centres in Kosovo situated in Leposavic in the north, Mitrovica and Kisnica in the south and metal refining operations in Mitrovica, its operations touched all of the Kosovo population.

Following the conflict years and NATO’s arrival, all operations ceased. However, some 2,000 workers come to work each day and a further 2,500 ex-workers receive a monthly stipend, all paid for from the Kosovo Consolidated Budget. The company is now overseen by a small team of international mining engineers and experts, employed by UNMIK through KTA.

The Trepca Vision Statement

The under explored Trepca Minerals Belt provides a very good potential for finding additional ore resources at and in the vicinity of the existing mines which offers excellent opportunities for a vital, active and viable base metal (lead and zinc) mining company which would provide an estimated 2000 real, direct jobs. Indirectly, according to the experience of the Worldbank, another 4000 jobs will be created in the supply and service sector.

Metallurgical activities, associated with and peripheral to the former primary lead and zinc metal production facilities, form the basis for an industrial company serving industrial and environmental businesses in the Balkans.

Strategy

“Develop and bring into operation promising business units with the limited funds available over the next two to three years. This will enable Trepca management to explore markets, test competitiveness and gradually establish viable businesses. This strategy will determine the viability of each project and lead to the creation of real jobs. Incompetent, uncompetitive companies will have to close. The development of businesses and successful companies will be attractive for investors. This will enhance privatisation opportunities.”

The several recent international expert reviews have confirmed the existence of promising business units within the Trepca complex. The Trepca strategy has therefore found wide support. Generally it is seen to be the only realistic and pragmatic option left which relates to the specifics of Trepca’s position in respect to its geographic location, the current political, social and economic environment, the restructuring and privatization objectives of KTA, the technical status of its plant, equipment and mines, the qualification of its workforce, the expectations of ex-workers and society and, last not least, the lack of funds.

A summary of the Trepca Strategy and current status

1. Core business-mining. Funded through the Kosovo Consolidated Budget and funds from the EAR.

The strategy is unchanged, four mines and concentrators at all 3 mining centres are now ready to start production. Explosives have just been delivered and blasting will commence shortly building up gradually towards target production levels towards the end of the year.

Yet again Trepca suffered severe delays in 2005, partly due to regulatory requirements with respect to the storage and use of explosives and partly due to funding constraints. A request was made for a budget of € 11.1 million only € 8.1 million was approved, in addition a requested carry forward of Capital from 2004 was not given even though verbal approval had been given this caused Trepca to change plans and refurbish existing equipment which will be less productive and less reliable than the new equipment that had been planned. Trepca still does not have sufficient funds to implement the approved plans and this has been aggravated by delays in start up which means a delay in receipt of revenue.

2. Other business. Funded by Trepca Own Funds.

Through funding realized from the sale of existing semi products, wastes and scrap, Trepca has some limited funds of its own. These it is directing into investment in the plant with Action Plans now approved for reactivation of several industrial production units, such as Aluminium Sulphate manufacture at MIP, S. Mitrovica; Battery Recycling at Zvecan ; production of Zinc and Zinc Oxide powder at MIP; Starter Battery manufacture at MIP; Trailer factory; Custom Terminal. The Trailer Factory is already operational as is the Customs Terminal. Limited Aluminium Sulphate production has already commenced against contracts for supply in Kosovo. Investment commenced in the Battery Recycling Plant at the end of 2004 and the plant is due to commence production 1^st September 2005. The sourcing of sufficient used batteries is as expected causing some problems. The rehabilitation of the Zinc Dust/Oxide Plant commenced in April 2005 and is ahead of schedule. However a funding shortfall may prevent completion this year.

3. Environmental Remediation. Funded by Donor Agencies.

Many programs have been completed over the past two years All these funded by individual mission donations including the Dutch Government, DANIDA and SIDA. Trepca is currently negotiating a further donation from the Dutch Government that will, if granted, fund the rehabilitation of Gornje Polje Tailings Dam, Leposavic Tailings Dam, MIP tailings dams and several other projects. The EAR are also examining how to best spend some €10 million during 2006-7 to assist job creation in Mitrovica/Zvecan, some of these funds may be made available to assist Trepca.

Significant Issues

1. Trepca is being pursued by Creditor Claimants

A number of very aggressive creditor claims are being pursued through the courts (Special Chamber of the Supreme Court). In total the creditor claims for Trepca are believed to amount to over € 200 million and there may be over two thousand claims. As Trepca’s assets are believed to be worth less than €85 million, Trepca is (like many SOEs) insolvent.

We are concerned that the claims against Trepca should be dealt with in accordance with international insolvency laws. There are three critical creditor claims which are near judgment stage in the Special Chamber. To address the concern that these will be executed soon against Trepca’s assets – by way of seizure of assets, the SRSG signed an Administrative Direction on 2nd June that stops the execution of all claims for three months whilst a new Bankruptcy and Administration Law is finalized and promulgated. This gives temporary protection to Trepca but the company must be placed in Administration immediately it becomes possible. A successful Administration process is not possible without the co-operation of the Serbs in Zvecan and this will not be gained without at least the tacit consent but ideally the full approval of the Serbian Government. Funding for the Administrator will be required at least in the short term until the sale of assets can generate sufficient funds to pay the Administrator

2. Trepca must obtain longer term budgeting commitment.

The short-term and piecemeal funding is unacceptable for a business that MUST plan ahead for several years. Yet again insufficient funds were provided and even these were late. This caused programme delays.

3. The redundancy of employees past and present has to be resolved.

For 5 years, Trepca has been forced to manage an unpaid workforce of almost 5,000 solely to assure the ongoing social peace and which continues to expect employment and salaries but which is totally unrelated to Trepca’s present or future needs. This is a social issue for Kosovo and has nothing to do with the new Trepca. This issue continues to be a problem.

4. Trepca must receive a business and VAT registration and move towards privatization.

Trepca is now registered as an SOE but has still not been able to register for VAT The lack of definition of the business position of Trepca continues to frustrate all efforts to establish a long-term, viable company, which can be successful in the international business world.

We cannot run a business unless we ARE a business.

Obstacles and Difficulties

• The overriding parameter for a successful new start of some of Trepca’s previous activities is the political will to do so. This will has been lacking or at best not focused and that affects all tasks that management is faced with.
• There is has been no policy on Trepca, therefore the management has had to coordinate on a daily basis, project by project, with UNMIK, KTA, MFE, Government, KFOR and Trade Unions. Coordination work takes time and as time goes by, decision makers change and the management starts all over again. Some progress has been made in unifying policy but there is still incomplete agreement between UNMIK and PISG on the way forward.
• There is no secured financing. The lack of an industrial policy requires the management to present its plans on numerous occasions as if a brand new story has to be told. The different sources of funds (KCB, Donors) appear to be uninterested of each other yet harmonization of these funds is a critical task. Offers of funding are made then withdrawn or delayed this makes planning of programmes impossible.
• The administrative procedures required by the procurement law are bureaucratic, inefficient and not suitable to running a company. This resulted in 6 months delay in expending capital in 2004 and then loss of funds and cancellation of contracts these lead to loss of credibility and a recirculating work.
• There exists a large number of unqualified, over aged and physically unfit workers, who in many cases lack experience, skills and competence whilst we have put most of these on early retirement, a permanent solution remains a problem.

Summary

1. Trepca management has plans to re-start production in the mines in the third quarter of 2005. The production will be limited, traditional operating practices will be applied and modern safety management systems shall be implemented. The timetable for the implementation of the program is subject to many factors outside the control of the management.
2. The pursuit of creditor claims in the courts will stop all activities unless the protection currently afforded by the AD signed by the SRSG on 2^nd June remains in force until there is a new law on Administration and Bankruptcy and the company has been placed into Administration. The Administrator once appointed will be responsible for selling all the Trepca assets.
3. Getting Trepca into the private sector is considered vital to the establishment of any long term viable business since all the businesses need investment in both their physical assets and their human resources. Sale/privatisation is more likely to be successful if the initial viability of selected business units can be demonstrated; thus the strategy of Trepca’s management.
4. Trepca management believes in the excellent mining potential of the “Trepca Minerals Belt”. All efforts in re-starting mine production are also geared at substantiating this perspective which will increase the attractiveness for international investors. A special fund for an exploration drilling program and regional geological investigations would very much support this concept. Funds for this were cancelled by the MFE at the end of 2004.
5. Rehabilitation work on environmental hazards must continue which requires the allocation of funds.
6. Certain metallurgical business units are identified as potentially viable and these will be brought into production as funds become available. These units, which appear to be competitive, will have to establish themselves in a market environment with a distinctive entrepreneurial drive.
7. Last and certainly not least, the operational and managerial capabilities in combination with safety attitudes and knowledge of everyone, be it operators, engineers and managers, Albanians or Serbs, have to be much enhanced. This requires several years of on the job training ideally through qualified contractors.