NationbuildingA Perspective on Kosovo

Seems Obvious, but the first rule of Seems Obvious, but the first rule of nationbuilding should be: nationbuilding should be:

Know your NationKnow your Nation

► It’s not Croatia or BosniaIt’s not Croatia or Bosnia And Iraq and Afghanistan aren’t KosovoAnd Iraq and Afghanistan aren’t Kosovo

► So…know specific issuesSo…know specific issues Its History: Medieval thru Milosevic and the Its History: Medieval thru Milosevic and the

KLA/KTAKLA/KTA Role of Women, Islam, Clan structure, PoliticsRole of Women, Islam, Clan structure, Politics

► Try and learn the language Try and learn the language (even if you’re American)(even if you’re American)

Know these things to understand how the law operates on the ground.Know these things to understand how the law operates on the ground.

Don’t Don’t BalkanizeBalkanize

… … to each their to each their own.own.

KOSOVO’SKONTRASTS

Rule 2 – There are few rules.Rule 2 – There are few rules.You’ll be flying by the seat of your pants.You’ll be flying by the seat of your pants.

► The Good SideThe Good Side: : Personal FlexibilityPersonal Flexibility Switching from PM to SCSC Effect: Legal Officer most proficient in English

The Bad SideThe Bad Side: Flexibility In the Courthouse: Flexibility In the Courthouse► Cause of Flexibility: A Lack of ExpectationsCause of Flexibility: A Lack of Expectations

From Locals and Internationals AlikeFrom Locals and Internationals Alike► Will a hearing happen? What is justice?Will a hearing happen? What is justice?► Who’s translating, who’s recording?Who’s translating, who’s recording?

► Result of Flexibility: A Lack of StandardsResult of Flexibility: A Lack of Standards Shifting standards for each judge?Shifting standards for each judge?

► How do we know a complainant’s real? PoA required?How do we know a complainant’s real? PoA required?► Proof of indirect discrimination Proof of indirect discrimination

– – whose house has to be attacked to make it a reprisal?whose house has to be attacked to make it a reprisal?

► Why can it be so dishearteningWhy can it be so disheartening► What can be expected of a Court operating What can be expected of a Court operating in a nationbuilding scenario?in a nationbuilding scenario?

Not MuchNot Much

► Lack of ResourcesLack of Resources Running things on a shoestring.Running things on a shoestring. Do the court’s computers work?Do the court’s computers work? Are the files missing?Are the files missing?

► Language BarriersLanguage Barriers Translators for cases and files Translators for cases and files Registry doesn’t functionRegistry doesn’t function What’s gone out? Who said what?What’s gone out? Who said what?

Overcoming Doubts:Overcoming Doubts:Competence, Due Process, Effectiveness, Justice.Competence, Due Process, Effectiveness, Justice.

► Division of Labor Division of Labor - - Capacity buildingCapacity building Court is split between PISG and UNCourt is split between PISG and UN Judges divided 3/2 Judges divided 3/2 to what end? to what end?

► Just separates, doesn’t teachJust separates, doesn’t teach Court and beyond: white van syndromeCourt and beyond: white van syndrome

► Politicization of the ProcessPoliticization of the Process Will it work for Serbs, Roma? Will it work for Serbs, Roma? Scared to make decisions, deliver them.Scared to make decisions, deliver them. Will Judgments be followed by the KTA?Will Judgments be followed by the KTA? Will injunctions be enforced by the SRSG?Will injunctions be enforced by the SRSG?

Overcoming DoubtsOvercoming Doubts::Competence, Due Process, Effectiveness, Justice.Competence, Due Process, Effectiveness, Justice.

►Can the Rule of Law be established like this?Can the Rule of Law be established like this? ►Perhaps not as it is now.Perhaps not as it is now.

What Kind of Justice, What Kind of Nation?What Kind of Justice, What Kind of Nation?

Catastroph?Catastroph?

A SolutionA Solution : : Funding, Courage, OrganizationFunding, Courage, Organization Is anything really going to get done? Is anything really going to get done? Is the Court/UNMIK helping to get the economy off the ground?Is the Court/UNMIK helping to get the economy off the ground?

Can law be established from the top down?Can law be established from the top down? Can you nationbuild?Can you nationbuild?From Internationals to AlbaniansFrom Internationals to AlbaniansFrom UNMIK to PISGFrom UNMIK to PISGFrom Judges and the Court…to From Judges and the Court…to other agencies (KTA), society?other agencies (KTA), society?

Is that dynamic appropriate or effective?Is that dynamic appropriate or effective? Somewhat effective: People come to Court, come to KTA. Somewhat effective: People come to Court, come to KTA. They come because they believe in the process…They come because they believe in the process…

But justice for whom? Are we creating a society with equal But justice for whom? Are we creating a society with equal rights?rights?

The number Serbian claimants in Court v. the theatre of KTA The number Serbian claimants in Court v. the theatre of KTA biddingbidding

It’s difficult then, perhaps possible It’s difficult then, perhaps possible but what are the but what are the alternatives?alternatives?

What’s the Role of an Individual What’s the Role of an Individual in Nationbuilding?in Nationbuilding?

► What’s your role? What’s your role? ► It dependsIt depends► For a week, for a summer, for a career? For a week, for a summer, for a career?

Do what you can at work. Do what you can at work. Be aggressiveBe aggressive. . ► But that’s the But that’s the HardHard side of nationbuilding side of nationbuilding

– – there’s other influences too. there’s other influences too.

Get involved Get involved outsideoutside the office. the office.► With the internationals (argue for what you think is With the internationals (argue for what you think is

right)right)► In the local culture…(taxi drivers, waiters, etc.)In the local culture…(taxi drivers, waiters, etc.)

The The SoftSoft side makes a difference too… side makes a difference too…

Working and Understanding the Social Working and Understanding the Social

DynamicDynamic The InternationalsThe Internationals

International System International System ► (UN/EU/OSCE/NATO)(UN/EU/OSCE/NATO)► Thousands of aid workers and troopsThousands of aid workers and troops

What’s life like there? Good and Bad.What’s life like there? Good and Bad.► People escaping, people searching.People escaping, people searching.► Transient lifestyles, No attachmentTransient lifestyles, No attachment

Generally highly qualified, hard workingGenerally highly qualified, hard working► Working dinners - always talking shopWorking dinners - always talking shop► Traveling, Fierce debates Traveling, Fierce debates good intentions good intentions

Working and Understanding the Social Working and Understanding the Social DynamicDynamic

The Kosovar ExperienceThe Kosovar Experience► It’s really It’s really Albanian Albanian (Serbs are left out)(Serbs are left out)

► The cultureThe culture – (living with a local family helps) – (living with a local family helps)Knowing this part is equally as important as memorizingKnowing this part is equally as important as memorizingUN statutes and staying late at the office. UN statutes and staying late at the office.

FamilyFamily: Relatives always connected, even from abroad: Relatives always connected, even from abroadRole of ReligionRole of Religion: with a skeptical eye, secularized: with a skeptical eye, secularizedRole of WomenRole of Women: domestic mostly, don’t run businesses: domestic mostly, don’t run businesses

CustomsCustoms: Shoes off, tea at night, card games, guns: Shoes off, tea at night, card games, gunsLanguageLanguage issuesissues: German from refugees, Spanish from TV: German from refugees, Spanish from TVEating the FoodEating the Food (burek, fliya) and (burek, fliya) and DrinkDrink (Raki, Peje). (Raki, Peje).

It makes a difference.It makes a difference.

What’s it take to be a successful What’s it take to be a successful nationbuilder? nationbuilder?

► Hard work Hard work Keep pushing, stick around on weekendsKeep pushing, stick around on weekends

► Creativity Creativity When drafting laws, proposing solutionWhen drafting laws, proposing solution

► PatiencePatience Establishing rule of law may a generationEstablishing rule of law may a generation

A strong stomach and a sense of humor help tooA strong stomach and a sense of humor help too- Individually, you may be ok.- Individually, you may be ok.

Institutionally though.Institutionally though.Does the international community have it in them. Does the international community have it in them.

TBDTBD..

At the outset, I Posed an At the outset, I Posed an Exceedingly Complex Question…Exceedingly Complex Question…

Is nationbuilding good? Is nationbuilding good?

► It depends. It depends. Do it right.Do it right. Do it quick.Do it quick.

► It’s 6 years on, with memories of riots and fears of renewed It’s 6 years on, with memories of riots and fears of renewed violence. violence.

► Kosovo needs:Kosovo needs: Continued focus and funding from int’l donorsContinued focus and funding from int’l donors Minimize ineffective capacity building and separationMinimize ineffective capacity building and separation Require further accountability and root out corruptionRequire further accountability and root out corruption Promote the economy by continuing to privatizePromote the economy by continuing to privatize Leadership from the locals – Leadership from the locals – independence requiredindependence required..

► Mistakes are Mistakes are inevitableinevitable – needn’t lead to disaster. – needn’t lead to disaster.

Nationbuilding: It’s a long road,

with a destination unknown.

And if current global efforts fail…

Perhaps we can just be guilted into effective nationbuilding.

THE ENDTHE END