Kosovo
Kosovo unilaterally declared independence from Serbia on February 17th 2008, following the breakdown of negotiations over its final status. Of its roughly two million population, some 90% are ethnic Albanians, with Serbs now accounting for only around 5% and other ethnic groups, including Ashkali, Bosniaks, Croats, Egyptians, Gorani, Roma and Turks, making up the remainder.
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Introduction
To date, Kosovo has been recognized by around 70 UN member states. The EU, however, continues to be beset by a lack of consensus over Kosovo, with Spain, Slovakia, Greece, Romania and Cyprus firmly withholding recognition. Whilst Kosovo secured enough votes to join both the International Monetary Fund (IMF) and the World Bank, membership of the UN seems unlikely given the continued opposition of Russia and China, both permanent, veto-holding members of the UN Security Council.
Serbia continues to oppose Kosovo’s declaration of independence and successfully persuaded the UN general assembly to support its application for an advisory opinion from the International Court of Justice (ICJ) on the legality of Kosovo’s unilateral declaration. Advisory opinions from the ICJ, though non-binding, offer a powerful alternative for the peaceful resolution of conflicts, with solutions derived from the legal as opposed to political realm. The basis of Serbia’s diplomatic approach towards Kosovo remains the framework of UN Security Council Resolution 1244, which emphasises Serbia’s sovereignty over Kosovo. An ICJ ruling in Serbia’s favour is likely to deter further recognition of Kosovo’s status and will invariably fuel calls for negotiations to resume.
Prior to Kosovo’s unilateral declaration of independence, the EU announced the deployment of a rule of law mission, EULEX, the largest ever civil mission launched under the European Security and Defence Policy (ESDP). EULEX is an integrated, specialised, technical rule of law mission, composed of three components – justice, police and customs – which fulfils its mandate in two specific ways – through monitoring, mentoring, and advising, and through a number of limited executive or correctional powers. EULEX is not a replacement for UNMIK, but instead, as its mission statement states, ‘will assist the Kosovo authorities, judicial authorities and law enforcement agencies in their progress towards sustainability and accountability. It will further develop and strengthen an independent and multi-ethnic justice system and a multi-ethnic police and customs service, ensuring that these institutions are free from political interference and adhering to internationally recognised standards and European best practices’. Though initially delayed to uncertainties about the legal framework governing its deployment, now operates under the general framework of United Nations Security Resolution 1244 and has a unified chain of command to Brussels.
The EU has also deployed a ‘status neutral’ envoy to Kosovo, Pieter Feith, who also doubles as the international civil representative. Through the International Civilian Office (ICO), which explicitly supports Kosovo’s independence and was established to supervise and advise the Kosovo government, Feith has limited executive powers that enable him to remove elected leaders who obstruct implementation of the Ahtisaari plan, which lacks UN security council authorisation but was incorporated into the constitution adopted by the Kosovo government. NATO’s Kosovo Force (KFOR), meanwhile, currently maintains around 14,000 troops in Kosovo, though that number is expected to fall by around a third in the near future.
Kosovo remains one of the poorest places in Europe, with a per capita income of around €1,500 and a persistent trade deficit. The unemployment rate is officially 45%, the highest in the Western Balkans; though many are informally employed in the substantial grey economy. Kosovo’s infrastructure requires significant investment, particularly given the economic costs of daily power outages. With an extremely young population (half of its citizens are under the age of 25), some 30,000 people enter the job market every year. According to estimates from the UNDP, about 37% of the population lives in poverty and over 17% lives in extreme poverty. The economy is heavily reliant upon foreign assistance and remittances from persons living abroad, with the Statistical Office of Kosovo and the World Bank concluding that “migration and remittances have been effective ways for households to protect themselves from falling into poverty”. With the global financial crisis further impacting the economic situation, combination of factors makes Kosovo extremely vulnerable to socio-economic tensions, particularly without sustained efforts to stimulate local economic development.
Throughout its mandate in Kosovo, the international community has persistently failed to ensure the safe and sustainable return of about 220,000 Serbs and other non-Albanians expelled from Kosovo since 1999; with UNHCR data showing that only about 16,500 displaced persons have returned. The OSCE Mission in Kosovo has previously been highly critical of the Kosovo government for its lack of progress with respect to the return of displaced persons, highlighting a range of factors – including inadequate financing for returnee-related projects; a lack of access to property, primarily because of unresolved property claims; an unfavourable political and security situation, including a lack of political will; insufficient access to education and limited opportunities for employment because of poor economic development – that have negatively impacted on the process of return. Whilst establishing the rule of law and guaranteeing the security of all citizens, particularly with respect to freedom of movement and the provision of basic necessities such as electricity, remain key prerequisites for stimulating the returns process, significant deficiencies remain due to a failure of both will and conception.
With respect to minority rights, a highly critical report by Minority Rights Group International (MRG) maintains that members of minority communities are beginning to leave Kosovo over a year after its unilateral declaration of independence, due to persistent exclusion and discrimination. The report, entitled ‘Filling the Vacuum: Ensuring Protection and Legal Remedies for Minorities in Kosovo, concludes that Kosovo “lacks effective international protection for minorities, which is worsening the situation for smaller minorities and forcing some to leave the country for good”. MRG’s report also describes how “a lack of political will among majority Albanians and poor investment in protection mechanisms have resulted in minority rights being eroded or compromised in the post-independence period”.
The establishment of the KSF, meanwhile, has created a new security dilemma; one that only further antagonises relations between Kosovo Albanians and minority communities. Envisaged by the Ahtisaari plan and trained by NATO, the force will consist of 2,500 active recruits and 800 reservists. Though described by NATO as a “lightly armed formation”, initially tasked with dealing with crisis situations, civil protection and de-mining operations, Kosovo’s president, Fatmir Sejdiu, has expressed his hopes that it will provide the “foundations of a future army of Kosovo”. Claims that the force will take part in international peace-keeping operations only serve to reinforce this concern. In response, Serbia continues to insist that the KSF’S formation contravenes UN Security Council Resolution 1244, according to which KFOR is the only permitted armed formation in Kosovo, and has instead called for the demilitarisisation of Kosovo as the main precursor to security throughout the region.
Simmering inter-ethnic tensions, combined with sporadic outbreaks of violence, in the north of Kosovo, particularly in the divided town of Mitrovica, underscore the extent of the challenges facing the recently deployed EULEX mission. Deepening socio-economic problems, compounded by the global economic crisis, which has also impacted remittances and donor support, threaten to ignite more severe manifestations of this lingering discontent. Without immediate and substantial steps to tackle minority rights issues, especially the return of internally displaced persons (IDPs) and refugees, Kosovo will remain the most segregated territory in Europe and a constant source of tension and instability for the entire region.












