http://ping.fm/xmYBG
26 January 2010
Couple move out of disputed Cyprus villa as court decision sets precedent for foreign property owners in Turkish north
A ruling by a UK court could affect thousands of foreign property owners in northern Cyprus who bought land which once belonged to Cypriots forced to flee after the invasion by Turkey in 1974, according to industry experts.
Ultimately the judgement by Lord Justice Pill in the UK Court of Appeal that British couple David and Linda Orams must comply with an order from the court in Nicosia to demolish their villa, give the land back to its original owner Meletious Apostolides and pay him damages, sets a precedent for others to bring actions against foreign owners and will have a negative impact on the property market in the Turkish Republic of Northern Cyprus (TRNC) although it could boost sales in other parts of the islands.
‘I believe that the decision of the UK Court of Appeal will have a tremendous negative impact on the real estate market in the Northern part of Cyprus. Now, it is even more obvious to all existing and potential buyers that a purchaser of real estate in the North can never be the legal owner and in addition he or she is personally liable for paying damages to the true owner of the property,’ said Michalis Hadjipanayiotou, chief executive officer of Cybarco Property Development.
‘These damages are enforceable in all European countries. As a result of this development, I foresee a freeze in the real estate market in the North. In my view, this will have a positive impact in the rate of sales of properties in the rest of Cyprus, as some of the prospects who were looking for bargains in the North may decide to purchase a property in other areas,’ he added.
‘Also, from a political point of view, the UK Court of Appeal decision strengthens the credibility and position of the Republic of Cyprus and sends the message to potential investors that all legitimate business transactions in Cyprus are backed-up and supported by all European courts,’ he explained.
The Orams spent their life savings on their dream villa and pool after buying land from a third party who claimed to have acquired it from the TRNC, a state recognised only in Turkey. But the original owner of the land, who fled to the south in 1974, took court action against the couple and the Nicosia District Court in the Republic of Cyprus ordered the immediate demolition of the villa, pool and fencing. It also said the land should be given back and damages paid.
But the couple succeeded in getting UK judges to refer the case to the European Court of Justice. It ruled that the British court must enforce the decision of the Nicosia court.
Lawyers for the Orams then argued that the President of the European Court of Justice, Judge Vassilios Skouris, could have been biased because he had close links with the President of Cyprus, who had bestowed the island’s highest honour on him.
But the UK Court of Appeal rejected this. ‘The perception of the reasonable and informed observer would be, as is my perception, that there was no real possibility that the President would be influenced by the honour he received or by his other contacts. The judgement of the court is in no way tarnished by those contacts, considered either individually or cumulatively,’ Lord Justice Pill said.
Now the legal system is exhausted. The appeal court decision is final, and further legal action in the UK is not possible. Constantis Candounas, the solicitor representing Apostolides, said the judgment ‘creates a new legal framework in those cases where foreigners are trespassing on such properties,’ although he acknowledged that each case should be decided on its own particular facts.
The Orams, originally from Hove in Sussex, said they will try to sort everything out. They have moved out of the villa but said they do not know if the TRNC will allow them to demolish the property as it does not recognise the court rulings.
‘The ruling will be a source of concern to many property owners in Cyprus. We will study the judgement and consider whether there is anything further to be done. We will have to take steps, as far as possible given the political situation in Cyprus, to comply with the judgement,’ they said in a statement.
26 January 2010
UN warns of tensions in Kosovo's northern territory (Radio Free Europe Radio Liberty)
http://ping.fm/QVmOs
Nikola Krastev
23 January 2010
UNITED NATIONS -- The UN’s special representative for Kosovo reports that peace in the country’s north remains fragile and tensions are high between ethnic Serbs and ethnic Albanians.
Lambert Zannier appeared before the UN Security Council on January 22 to report that although returns of internally displaced persons (IDPs) and refugees have sharply risen recently, lack of economic prospects and safety concerns have kept the number from reaching the UN’s goals.
"It is clear that UNMIK [the UN mission in Kosovo] must continue to shepherd the reconstruction process and monitor the situation closely to ensure that all communities respect existing arrangements to preserve stability and that effective communication is maintained at all times," Zannier said.
Zannier delivered his assessment one week after UN Secretary-General Ban Ki-moon gave a quarterly report on Kosovo. Ban noted that continuing interethnic tensions in northern Mitrovica are causing concern, and said the overall security situation in the fledgling country is "relatively calm, but potentially fragile."
Kosovo declared its independence from Serbia in 2008 and relations between the majority ethnic Albanians and minority Kosovo Serbs have remained uneasy since then.
Serbia has asked the International Court of Justice at the Hague to give its opinion on whether Kosovo violated international law by declaring independence. Serbian President Boris Tadic has said Belgrade's position is that Serbia will "never recognize the independence of Kosovo, either directly or indirectly."
Tadic was in attendance at the Security Council meeting and told members that the reconciliation process will not be easy. He said the psychological barriers are high and trust needs to be restored, but a promising first step would be to recommit to finding a peaceful solution through dialogue.
"We believe dialogue is the most effective means to achieve the only sustainable outcome: a mutually acceptable, viable solution, one that will not recklessly sacrifice the geostrategic priorities of all on the altar of the communal aspirations of a single party,” Tadic said. “Serbia seeks to resolve all outstanding political differences through negotiations. We are fundamentally committed to making 2010 the year of peaceful solutions."
Some UN diplomats speculated that Tadic's appearance at the Council was due in part to statements by outgoing Croatian President Stjepan Mesic, who said that he would use military means to cut off the corridor on the Bosnian side of the Sava River valley in the event of a referendum on the independence of the Republika Srpska, Bosnia’s ethnic Serb entity.
No New Negotiations
Kosovo's representative at the meeting, Skender Hyseni, thanked the 65 UN member states who have so far recognized the country’s independence. And he flatly rejected Tadic’s offer to renew negotiations on Kosovo’s status.
"We do reject any calls for renewed negotiations on the status,” Hyseni said. “Furthermore, we consider that calls for renewed negotiations on the status of Kosovo come from people who either are unaware of the situation and the great efforts made to achieve consensus, or worse, from those who actively seek to create disorder in the region."
Britain's Permanent Representative to the UN Mark Grant said that despite the challenges, important progress has been made in Kosovo, including a decrease in violence against minorities. But in order to consolidate its recent progress, he said, Kosovo must now work to improve standards of governance and the rule of law.
"Serious challenges in the areas of human rights and judicial independence which were highlighted in both the latest secretary-general's report and the European Commission progress report must be addressed,” Grant said. “Kosovo's European perspective in line with its neighbors offers clear incentives for further reform."
Secretary-General Ban has called on both Serbia and Kosovo to find ways to put aside status considerations in the interest of regional cooperation.
Nikola Krastev
23 January 2010
UNITED NATIONS -- The UN’s special representative for Kosovo reports that peace in the country’s north remains fragile and tensions are high between ethnic Serbs and ethnic Albanians.
Lambert Zannier appeared before the UN Security Council on January 22 to report that although returns of internally displaced persons (IDPs) and refugees have sharply risen recently, lack of economic prospects and safety concerns have kept the number from reaching the UN’s goals.
"It is clear that UNMIK [the UN mission in Kosovo] must continue to shepherd the reconstruction process and monitor the situation closely to ensure that all communities respect existing arrangements to preserve stability and that effective communication is maintained at all times," Zannier said.
Zannier delivered his assessment one week after UN Secretary-General Ban Ki-moon gave a quarterly report on Kosovo. Ban noted that continuing interethnic tensions in northern Mitrovica are causing concern, and said the overall security situation in the fledgling country is "relatively calm, but potentially fragile."
Kosovo declared its independence from Serbia in 2008 and relations between the majority ethnic Albanians and minority Kosovo Serbs have remained uneasy since then.
Serbia has asked the International Court of Justice at the Hague to give its opinion on whether Kosovo violated international law by declaring independence. Serbian President Boris Tadic has said Belgrade's position is that Serbia will "never recognize the independence of Kosovo, either directly or indirectly."
Tadic was in attendance at the Security Council meeting and told members that the reconciliation process will not be easy. He said the psychological barriers are high and trust needs to be restored, but a promising first step would be to recommit to finding a peaceful solution through dialogue.
"We believe dialogue is the most effective means to achieve the only sustainable outcome: a mutually acceptable, viable solution, one that will not recklessly sacrifice the geostrategic priorities of all on the altar of the communal aspirations of a single party,” Tadic said. “Serbia seeks to resolve all outstanding political differences through negotiations. We are fundamentally committed to making 2010 the year of peaceful solutions."
Some UN diplomats speculated that Tadic's appearance at the Council was due in part to statements by outgoing Croatian President Stjepan Mesic, who said that he would use military means to cut off the corridor on the Bosnian side of the Sava River valley in the event of a referendum on the independence of the Republika Srpska, Bosnia’s ethnic Serb entity.
No New Negotiations
Kosovo's representative at the meeting, Skender Hyseni, thanked the 65 UN member states who have so far recognized the country’s independence. And he flatly rejected Tadic’s offer to renew negotiations on Kosovo’s status.
"We do reject any calls for renewed negotiations on the status,” Hyseni said. “Furthermore, we consider that calls for renewed negotiations on the status of Kosovo come from people who either are unaware of the situation and the great efforts made to achieve consensus, or worse, from those who actively seek to create disorder in the region."
Britain's Permanent Representative to the UN Mark Grant said that despite the challenges, important progress has been made in Kosovo, including a decrease in violence against minorities. But in order to consolidate its recent progress, he said, Kosovo must now work to improve standards of governance and the rule of law.
"Serious challenges in the areas of human rights and judicial independence which were highlighted in both the latest secretary-general's report and the European Commission progress report must be addressed,” Grant said. “Kosovo's European perspective in line with its neighbors offers clear incentives for further reform."
Secretary-General Ban has called on both Serbia and Kosovo to find ways to put aside status considerations in the interest of regional cooperation.
Feit: integration of northern Kosmet without imposed solutions (Radio Srbija)
http://ping.fm/QLboe
24 January 2010
Head of the international civilian office in Kosmet Peter Feit has stated that Belgrade will be consulted about the strategy for integration of the northern part of Kosmet in the provincial system, and its implementation does not entail imposed solution or the use of force. The intent of the strategy is to provide better living conditions for the citizens of that part of Kosmet and to strengthen the rule of the law. By establishing the municipality of Northern Mitrovica greater autonomy will be achieved for the people who live there, Feit told the VOA. The basic principle is that we will ask for acceptance, without imposing anything. If they choose to accept the new service – fine, but if there is no interest in that, we will reconsider our decision, specified Feit. The Serbs in northern Kosmet should keep the privileges related to Serbia, under the condition that those relations are transparent and responsible, he explained. Forming of power in the north of the Province could take years. Kosmet has a long way to go to the EU, but there is perspective, added Feit. He stressed that the recognition of Kosmet is not a formal condition for Serbia’s association with the EU, but the regional cooperation will be one of the criteria.
24 January 2010
Head of the international civilian office in Kosmet Peter Feit has stated that Belgrade will be consulted about the strategy for integration of the northern part of Kosmet in the provincial system, and its implementation does not entail imposed solution or the use of force. The intent of the strategy is to provide better living conditions for the citizens of that part of Kosmet and to strengthen the rule of the law. By establishing the municipality of Northern Mitrovica greater autonomy will be achieved for the people who live there, Feit told the VOA. The basic principle is that we will ask for acceptance, without imposing anything. If they choose to accept the new service – fine, but if there is no interest in that, we will reconsider our decision, specified Feit. The Serbs in northern Kosmet should keep the privileges related to Serbia, under the condition that those relations are transparent and responsible, he explained. Forming of power in the north of the Province could take years. Kosmet has a long way to go to the EU, but there is perspective, added Feit. He stressed that the recognition of Kosmet is not a formal condition for Serbia’s association with the EU, but the regional cooperation will be one of the criteria.
Ivanovic: no spreading of pseudo-statehood to north (Radio Srbija)
http://ping.fm/y60J8
24 January 2010
The plan for the integration of the northern part of Kosovska Mitrovica into the provincial institutions, as attempted by the Albanian authorities in Pristina in cooperation with head of the international civilian office Peter Feith, has not chance for success, because it is not accepted by the Serbs and the Serbian Government, State Secretary Oliver Ivanovic told TANJUG. There is no doubt that Peter Feith and his office are the creators of that plan, which suits him and the Kosmet Albanians, said Ivanovic. According to him, such a plan should turn the attention from the realistic problems that the Albanians and the international mission are facing, such as the huge unemployment rate, social tensions and the weak government with a disputable majority.
24 January 2010
The plan for the integration of the northern part of Kosovska Mitrovica into the provincial institutions, as attempted by the Albanian authorities in Pristina in cooperation with head of the international civilian office Peter Feith, has not chance for success, because it is not accepted by the Serbs and the Serbian Government, State Secretary Oliver Ivanovic told TANJUG. There is no doubt that Peter Feith and his office are the creators of that plan, which suits him and the Kosmet Albanians, said Ivanovic. According to him, such a plan should turn the attention from the realistic problems that the Albanians and the international mission are facing, such as the huge unemployment rate, social tensions and the weak government with a disputable majority.
Iraq polls could heighten tensions over Kirkuk (Reuters)
http://ping.fm/ONKZV
Missy Ryan
26 January 2010
Iraqi Kurd Kamal Aga's face lights up when he recalls his childhood on a farm in Daquq, south of Kirkuk, where wheat and cotton fields stretched to the horizon and farmers of different ethnicities lived side by side.
That chapter of his life ended in his 20s when the lands of his prominent tribal family were seized in the 1970s, first in agrarian reform and then in the Baath party's push to move fellow Arabs into areas home to Kurds and other minorities.
Today, Aga lives in the disputed city of Kirkuk, working in a dingy office where he heads a commission seeking to settle some of the approximately 41,000 property claims like his own.
Only 7 percent of the claims have been resolved since the 2003 invasion, reflecting the challenges Iraq faces as it heads toward a March election which could help ease Kurd-Arab tensions over areas like Kirkuk or thrust Iraq back into open war.
The dispute over Kirkuk and other areas, which pits Iraq's Arab-led government against the largely autonomous Kurdish region in the north, has festered since Saddam's ouster in 2003.
It is now seen as the chief threat to Iraq's fragile security as U.S. forces prepare to end combat operations in August ahead of a full withdrawal by the end of 2011.
Kurds, who want to fold the region U.S. officials say may contain 3-4 percent of world oil reserves into their enclave, are likely to end up as kingmakers after the March 7 vote.
They may extract concessions for helping other factions form the next government, a prospect that frightens Kirkuk's Turkmen and Arabs, who say Kurds have treated them unfairly in their effort since 2003 to reverse Saddam Hussein's "Arabization".
Many Kirkukis say tensions stem from national politics and not from the realities on the ground.
"This is a feud among political powers treating Kirkuk like a cow that gives milk," said Waleed Saman, an Arab businessman.
"My brothers and I should be the decision makers. Close the door and give us 24 hours, and we'll come out with a solution."
LANGUAGE BARRIER
Yet changes forced on the city since 2003 do not promise a future in which Arabs and Kurds will mix easily.
The Kirkuk Central School, a well-regarded boys school where Iraqi President Jalal Talabani, a Kurd, studied more than 50 years ago, is one example of the city's historic diversity.
All students at the school study Arabic and Kurdish, and can pursue other languages if they choose.
"We don't raise students to discriminate. We teach them to be brothers," said school official Mahmoud Majdab al-Rafaii.
But in Kirkuk's segregated neighbourhoods where more recent arrivals live, schools teaching at least partially in minority languages like Kurdish or Turkman have taken root since 2003.
Some 460 schools, of a total of about 1,390 across the province, are funded by the government of northern Kurdistan, using its curriculum and books and teaching entirely in Kurdish.
The aim was to give minorities a chance to study in their own language. Yet the schools are producing future generations unable to communicate fluently with their Arab countrymen -- and Kurds brought up to believe disputed areas are theirs by right.
Kurdish textbooks identify Kirkuk as "the most rich oil-producing area in Kurdistan. Most residents are Kurds but Arabs, Turkmen, Assyrians and Chaldeans also live there" -- a controversial claim in an area whose ethnic feuds have held up a national census and where no reliable demographic figures exist.
Fawzia Abdullah Awanees, a top education official, supports the language experiment but warns it could widen social gaps.
"We need integrated schools, which offer different languages, so people can live alongside one another," she said.
At the Kirkuk Property Disputes Commission, the process of sifting through thousands of complex, multigenerational and often overlapping property claims proceeds at a glacial pace.
Beyond the 41,000 claims the board is working through dating from 1968-2003, many more have sprung up after 2003, when Iraqis fleeing violence became squatters and Arabs brought into Kirkuk under Saddam fled in fear of Kurdish retaliation.
U.N. officials are trying to facilitate settlement as a step in building consensus needed to reach a solution on Kirkuk.
This week, parliament approved changes to expedite the slow claims process. Until the reforms take effect, Aga's hopes of reclaiming at least part of the family lands, occupied by Kurdish squatters after Arab families fled in 2003, are on hold.
"We still don't have one metre of land there," he said. (Additional reporting in Kirkuk by Mustafa Mahmoud and in Arbil by Shamal Aqrawi; Editing by Michael Christie and Charles Dick)
Missy Ryan
26 January 2010
Iraqi Kurd Kamal Aga's face lights up when he recalls his childhood on a farm in Daquq, south of Kirkuk, where wheat and cotton fields stretched to the horizon and farmers of different ethnicities lived side by side.
That chapter of his life ended in his 20s when the lands of his prominent tribal family were seized in the 1970s, first in agrarian reform and then in the Baath party's push to move fellow Arabs into areas home to Kurds and other minorities.
Today, Aga lives in the disputed city of Kirkuk, working in a dingy office where he heads a commission seeking to settle some of the approximately 41,000 property claims like his own.
Only 7 percent of the claims have been resolved since the 2003 invasion, reflecting the challenges Iraq faces as it heads toward a March election which could help ease Kurd-Arab tensions over areas like Kirkuk or thrust Iraq back into open war.
The dispute over Kirkuk and other areas, which pits Iraq's Arab-led government against the largely autonomous Kurdish region in the north, has festered since Saddam's ouster in 2003.
It is now seen as the chief threat to Iraq's fragile security as U.S. forces prepare to end combat operations in August ahead of a full withdrawal by the end of 2011.
Kurds, who want to fold the region U.S. officials say may contain 3-4 percent of world oil reserves into their enclave, are likely to end up as kingmakers after the March 7 vote.
They may extract concessions for helping other factions form the next government, a prospect that frightens Kirkuk's Turkmen and Arabs, who say Kurds have treated them unfairly in their effort since 2003 to reverse Saddam Hussein's "Arabization".
Many Kirkukis say tensions stem from national politics and not from the realities on the ground.
"This is a feud among political powers treating Kirkuk like a cow that gives milk," said Waleed Saman, an Arab businessman.
"My brothers and I should be the decision makers. Close the door and give us 24 hours, and we'll come out with a solution."
LANGUAGE BARRIER
Yet changes forced on the city since 2003 do not promise a future in which Arabs and Kurds will mix easily.
The Kirkuk Central School, a well-regarded boys school where Iraqi President Jalal Talabani, a Kurd, studied more than 50 years ago, is one example of the city's historic diversity.
All students at the school study Arabic and Kurdish, and can pursue other languages if they choose.
"We don't raise students to discriminate. We teach them to be brothers," said school official Mahmoud Majdab al-Rafaii.
But in Kirkuk's segregated neighbourhoods where more recent arrivals live, schools teaching at least partially in minority languages like Kurdish or Turkman have taken root since 2003.
Some 460 schools, of a total of about 1,390 across the province, are funded by the government of northern Kurdistan, using its curriculum and books and teaching entirely in Kurdish.
The aim was to give minorities a chance to study in their own language. Yet the schools are producing future generations unable to communicate fluently with their Arab countrymen -- and Kurds brought up to believe disputed areas are theirs by right.
Kurdish textbooks identify Kirkuk as "the most rich oil-producing area in Kurdistan. Most residents are Kurds but Arabs, Turkmen, Assyrians and Chaldeans also live there" -- a controversial claim in an area whose ethnic feuds have held up a national census and where no reliable demographic figures exist.
Fawzia Abdullah Awanees, a top education official, supports the language experiment but warns it could widen social gaps.
"We need integrated schools, which offer different languages, so people can live alongside one another," she said.
At the Kirkuk Property Disputes Commission, the process of sifting through thousands of complex, multigenerational and often overlapping property claims proceeds at a glacial pace.
Beyond the 41,000 claims the board is working through dating from 1968-2003, many more have sprung up after 2003, when Iraqis fleeing violence became squatters and Arabs brought into Kirkuk under Saddam fled in fear of Kurdish retaliation.
U.N. officials are trying to facilitate settlement as a step in building consensus needed to reach a solution on Kirkuk.
This week, parliament approved changes to expedite the slow claims process. Until the reforms take effect, Aga's hopes of reclaiming at least part of the family lands, occupied by Kurdish squatters after Arab families fled in 2003, are on hold.
"We still don't have one metre of land there," he said. (Additional reporting in Kirkuk by Mustafa Mahmoud and in Arbil by Shamal Aqrawi; Editing by Michael Christie and Charles Dick)
22 January 2010
Cypriot president briefs EU, UN on reunification talks (SETimes.com)
http://ping.fm/cphZL
21 January 2010
NICOSIA, Cyprus -- President Demetris Christofias has sent a letter to the five permanent members of the UN Security Council and the EU heads of state, briefing them on recent developments in reunification talks for the divided island. Dated January 11th, the letter was made public on Wednesday (January 20th). It describes the Greek Cypriots' decision to reject recent Turkish Cypriots proposals, explaining they "contravene the agreed basis and the sensitive balances which have been shaped during decades of negotiations". Furthermore, Christofias explained that even if the proposals were accepted by authorities, they would certainly "be rejected in a new referendum". He and Turkish Cypriot leader Mehmet Ali Talat resume talks on Monday. (Cyprus Mail - 21/01/10; CNA, Xinhua - 20/01/10)
21 January 2010
NICOSIA, Cyprus -- President Demetris Christofias has sent a letter to the five permanent members of the UN Security Council and the EU heads of state, briefing them on recent developments in reunification talks for the divided island. Dated January 11th, the letter was made public on Wednesday (January 20th). It describes the Greek Cypriots' decision to reject recent Turkish Cypriots proposals, explaining they "contravene the agreed basis and the sensitive balances which have been shaped during decades of negotiations". Furthermore, Christofias explained that even if the proposals were accepted by authorities, they would certainly "be rejected in a new referendum". He and Turkish Cypriot leader Mehmet Ali Talat resume talks on Monday. (Cyprus Mail - 21/01/10; CNA, Xinhua - 20/01/10)
Kosovo - okay, really, what next? (Transconflict.com)
http://ping.fm/Q2rjO
Gerrard Gallucci
January 2010
"With 2009 having ended much as it began, the international community must continue to pursue a peacekeeping approach to the north in order to keep alive the possibility of a negotiated outcome."
Over the last few months, I have tried to present various facets of the difficult question of what to do about north Kosovo within the context of an overall status settlement. I have emphasized the continuing need to take a peacekeeping approach to the north – e.g., not seeking to settle political issues through force – to keep the door open for a negotiated outcome. Such an outcome might include a differential approach to implementing the Ahtisaari Plan, i.e., vigorous implementation of decentralization (plus allowed links to Belgrade) for Serb-majority municipalities south of the Ibar and an “Ahtisaari Plus” framework for the north (as an alternative to outright partition).
However, on the ground, 2009 ended much as it began. Having assumed the status-neutral mantle of the UN in November 2008, EULEX failed to act to implement the UN Secretary General’s proposed six-point plan for addressing practical issues – such as courts, customs and transportation links – by implementing practical, non-political measures. EULEX decided it was better not to offend the Albanian majority by reaching accommodations with local Serb institutions and communities that appeared to accept the status quo of continued deep divisions over Kosovo independence. Indeed, EULEX stood back from, and in some cases assisted, Albanian efforts to bully the Serbs into accepting the Kosovo institutions that they dominate. EULEX allowed electricity blockages of southern Serbs and facilitated a forced, unilateral return of Albanians to a sensitive area (Brdjani) of north Mitrovica. Results were mixed. Under pressure, enough southern Serbs voted in the 2009 municipal elections to give them minimal credibility. But in the north, turning off the electricity simply led to “electricity partition” with Serbia stepping in to fill the gap and now even to start collecting fees.
Instead of seeking to work out status-neutral practical arrangements on customs and the courts, EULEX placed officers at the northern customs gates and in the Mitrovica court with the intention of introducing there Kosovo law, staff and links to Pristina. Urged on by the Albanians, EULEX and KFOR threatened use of force to implement such plans. However, EULEX in December formulated a strategy for winning space in the north for rule from Pristina (http://ping.fm/43F44) that appears more political. It assumes that the northern Serbs have grown tired of resistance to Kosovo independence and will come to accept Pristina as they are freed from the baleful influence of “radical” local leaders. The EU also appears to be relying on President Tadić, eager for the political benefits of entering the EU, to help by removing the “radicals” and acquiescing to the gradual transition of the north to EULEX and then to Pristina. Both seem questionable assumptions. Serb resistance to Kosovo independence is deep and near universal and unlikely to disappear soon. The southern Serbs may be more accommodating as they have no alternative. But the northern Serbs have the alternative of remaining part of Serbia – as they functionally are – and Tadić is in no position to be seen giving them up. But at least the EU looks to be trying.
So, despite all the huffing and puffing from Pristina about “illegal” and “parallel” institutions and a commitment to “dissolve” them, in 2009 Kosovo remained divided at the Ibar. What about 2010? The watershed event may be the ICJ decision on the legality of independence. This could offer Pristina some benefit as anything less than an outright rejection of the declaration as illegal – unlikely – will help free up a second wave of recognitions; countries sympathetic but reluctant to recognize as long as a decision against independence remains possible will be able to move forward. However, a significant number will continue to refuse for their own reasons, probably including at least some of the EU holdouts. Thus the final status issue and the question of the north are unlikely to be settled by the ICJ decision alone. This will only get done by an eventual new round of negotiation. It could be that Pristina and friends seek a final solution in the north through the use of force. But as this would risk provoking a wider crisis, we can expect the EU to hold back as long as the northern Serbs themselves do not outright surrender. So, the status quo may continue in the north. This is not all bad as it also allow for the possibility of a negotiated outcome.
Negotiations will not come easy. Both sides will have to give up something. Carefully calibrated compromise could leave the north nominally in Kosovo but substantially in Serbia. But this may be beyond the parties and the mediators. Partition would be the less elegant solution. But it would have the virtue of requiring both sides to give up something they value: Serbia would of course lose Kosovo but the Albanians would have to accept loss of the north.
2010 may be the year that Kosovo status, and that of the north, really gets settled. Or maybe it will just be more of the same divided status quo. Either would be better than renewed conflict but negotiations would be best and everyone may come to see this after some further theatre.
Gerard M. Gallucci is a retired US diplomat. He served as UN Regional Representative in Mitrovica, Kosovo from July 2005 until October 2008. The views expressed in this piece are his own and do not represent the position of any organization. You can read more of Mr. Gallucci's analysis of current developments in Kosovo by visiting http://ping.fm/Ep0xZ
Gerrard Gallucci
January 2010
"With 2009 having ended much as it began, the international community must continue to pursue a peacekeeping approach to the north in order to keep alive the possibility of a negotiated outcome."
Over the last few months, I have tried to present various facets of the difficult question of what to do about north Kosovo within the context of an overall status settlement. I have emphasized the continuing need to take a peacekeeping approach to the north – e.g., not seeking to settle political issues through force – to keep the door open for a negotiated outcome. Such an outcome might include a differential approach to implementing the Ahtisaari Plan, i.e., vigorous implementation of decentralization (plus allowed links to Belgrade) for Serb-majority municipalities south of the Ibar and an “Ahtisaari Plus” framework for the north (as an alternative to outright partition).
However, on the ground, 2009 ended much as it began. Having assumed the status-neutral mantle of the UN in November 2008, EULEX failed to act to implement the UN Secretary General’s proposed six-point plan for addressing practical issues – such as courts, customs and transportation links – by implementing practical, non-political measures. EULEX decided it was better not to offend the Albanian majority by reaching accommodations with local Serb institutions and communities that appeared to accept the status quo of continued deep divisions over Kosovo independence. Indeed, EULEX stood back from, and in some cases assisted, Albanian efforts to bully the Serbs into accepting the Kosovo institutions that they dominate. EULEX allowed electricity blockages of southern Serbs and facilitated a forced, unilateral return of Albanians to a sensitive area (Brdjani) of north Mitrovica. Results were mixed. Under pressure, enough southern Serbs voted in the 2009 municipal elections to give them minimal credibility. But in the north, turning off the electricity simply led to “electricity partition” with Serbia stepping in to fill the gap and now even to start collecting fees.
Instead of seeking to work out status-neutral practical arrangements on customs and the courts, EULEX placed officers at the northern customs gates and in the Mitrovica court with the intention of introducing there Kosovo law, staff and links to Pristina. Urged on by the Albanians, EULEX and KFOR threatened use of force to implement such plans. However, EULEX in December formulated a strategy for winning space in the north for rule from Pristina (http://ping.fm/43F44) that appears more political. It assumes that the northern Serbs have grown tired of resistance to Kosovo independence and will come to accept Pristina as they are freed from the baleful influence of “radical” local leaders. The EU also appears to be relying on President Tadić, eager for the political benefits of entering the EU, to help by removing the “radicals” and acquiescing to the gradual transition of the north to EULEX and then to Pristina. Both seem questionable assumptions. Serb resistance to Kosovo independence is deep and near universal and unlikely to disappear soon. The southern Serbs may be more accommodating as they have no alternative. But the northern Serbs have the alternative of remaining part of Serbia – as they functionally are – and Tadić is in no position to be seen giving them up. But at least the EU looks to be trying.
So, despite all the huffing and puffing from Pristina about “illegal” and “parallel” institutions and a commitment to “dissolve” them, in 2009 Kosovo remained divided at the Ibar. What about 2010? The watershed event may be the ICJ decision on the legality of independence. This could offer Pristina some benefit as anything less than an outright rejection of the declaration as illegal – unlikely – will help free up a second wave of recognitions; countries sympathetic but reluctant to recognize as long as a decision against independence remains possible will be able to move forward. However, a significant number will continue to refuse for their own reasons, probably including at least some of the EU holdouts. Thus the final status issue and the question of the north are unlikely to be settled by the ICJ decision alone. This will only get done by an eventual new round of negotiation. It could be that Pristina and friends seek a final solution in the north through the use of force. But as this would risk provoking a wider crisis, we can expect the EU to hold back as long as the northern Serbs themselves do not outright surrender. So, the status quo may continue in the north. This is not all bad as it also allow for the possibility of a negotiated outcome.
Negotiations will not come easy. Both sides will have to give up something. Carefully calibrated compromise could leave the north nominally in Kosovo but substantially in Serbia. But this may be beyond the parties and the mediators. Partition would be the less elegant solution. But it would have the virtue of requiring both sides to give up something they value: Serbia would of course lose Kosovo but the Albanians would have to accept loss of the north.
2010 may be the year that Kosovo status, and that of the north, really gets settled. Or maybe it will just be more of the same divided status quo. Either would be better than renewed conflict but negotiations would be best and everyone may come to see this after some further theatre.
Gerard M. Gallucci is a retired US diplomat. He served as UN Regional Representative in Mitrovica, Kosovo from July 2005 until October 2008. The views expressed in this piece are his own and do not represent the position of any organization. You can read more of Mr. Gallucci's analysis of current developments in Kosovo by visiting http://ping.fm/Ep0xZ
Blic: Boris Tadic to defend Kosovo (FOCUS News Agency)
http://ping.fm/tbSML
Peter Faith
21 January 2010
Belgrade. The surprising decision of the Serbian President to head for New York to make a statement at the sitting of the UN Security Council is “a reaction over the strongly exerted pressure on more countries to recognize Kosovo, a week before the ruling of the Court of Justice in The Hague and due to the special EU representative in Kosovo Peter Faith’s attempt to change reality,” Serbian Blic newspaper writes, quoting resource close to the President.
In the statement before the Security Council Tadic will strongly contradict to everything, which can destabilize North Kosovo and the whole region.
According to representatives of diplomatic areas the biggest threat for the stability of Belgrade is Faith’s statement the strategy on integration of North Kosovo will be used.
The strategy envisages establishment of Kosovo institutions, formation of new municipality of North Mitrovica by the middle of the year and according to Marti Ahtisaari plan-change in the role of UNMIK.
Peter Faith
21 January 2010
Belgrade. The surprising decision of the Serbian President to head for New York to make a statement at the sitting of the UN Security Council is “a reaction over the strongly exerted pressure on more countries to recognize Kosovo, a week before the ruling of the Court of Justice in The Hague and due to the special EU representative in Kosovo Peter Faith’s attempt to change reality,” Serbian Blic newspaper writes, quoting resource close to the President.
In the statement before the Security Council Tadic will strongly contradict to everything, which can destabilize North Kosovo and the whole region.
According to representatives of diplomatic areas the biggest threat for the stability of Belgrade is Faith’s statement the strategy on integration of North Kosovo will be used.
The strategy envisages establishment of Kosovo institutions, formation of new municipality of North Mitrovica by the middle of the year and according to Marti Ahtisaari plan-change in the role of UNMIK.
UN Security Council to discuss Kosovo today (Bsanna News)
http://ping.fm/CDzyA
22 January 2010
(Tanjug). A session will be held at the UN Security Council Friday regarding the situation in Kosovo-Metohija, at which Serbia's position will be presented by Serbian President Boris Tadic.
The session will consider the latest report of the UN Secretary General Ban Ki-moon, in which the situation in the province was assessed as relatively peaceful, but potentially fragile, and Belgrade and Pristina were urged to put aside the issue of status considerations in the interest of regional cooperation.
In his report, Ban called on Serbia and Kosovo to be flexible, in order to define the way that Kosovo can participate in regional and international mechanisms and forums, which is, according to him, necessary for an economic and democratic development and a long term stability of the region.
Ban Ki-moon stated that UNMIK will remain devoted to facilitating the engagement of all sides so as to find practical solutions for the issues of common interest.
Inter-ethnic incidents particularly remain present in the northern part of Kosovska Mitrovica, which is a reason for concern, Ban's report reads.
22 January 2010
(Tanjug). A session will be held at the UN Security Council Friday regarding the situation in Kosovo-Metohija, at which Serbia's position will be presented by Serbian President Boris Tadic.
The session will consider the latest report of the UN Secretary General Ban Ki-moon, in which the situation in the province was assessed as relatively peaceful, but potentially fragile, and Belgrade and Pristina were urged to put aside the issue of status considerations in the interest of regional cooperation.
In his report, Ban called on Serbia and Kosovo to be flexible, in order to define the way that Kosovo can participate in regional and international mechanisms and forums, which is, according to him, necessary for an economic and democratic development and a long term stability of the region.
Ban Ki-moon stated that UNMIK will remain devoted to facilitating the engagement of all sides so as to find practical solutions for the issues of common interest.
Inter-ethnic incidents particularly remain present in the northern part of Kosovska Mitrovica, which is a reason for concern, Ban's report reads.
Peace Bridge launched (Londonderry Sentinel)
http://ping.fm/N1e0Q
20 January 2010
THE Deputy First Minister, Martin McGuinness, and Social Development Minister, Margaret Ritchie, announced the commencement of construction of Londonderry's new Peace Bridge which will link the former military base at Ebrington to the Guildhall.
Speaking at a special ceremony to mark the start of work on the bridge Martin McGuinness said: “It is my sincere hope that the new bridge will be a catalyst for change and will help transform this city and the local community in the widest sense. It represents a real opportunity to improve relationships by transcending the physical divide of the river which, for so long, has been viewed as a boundary between the Waterside and the city side.
“It will bring Ebrington into shared, public use for the first time in almost 170 years. Most importantly, it will enable the local community to reclaim this prime riverside location for their own enjoyment.”
Social Development Minister, Margaret Ritchie said: “This is great news for the people of the North West. I welcome the commencement of work on the new bridge which will be a dynamic new structure in the heart of the city. This new foot and cycle bridge will encourage all the citizens of Derry to have a renewed sense of pride in their city centre. On a practical level, it will create a safe, attractive, convenient and high quality route into the central area for pedestrians and cyclists. But in addition to its contribution to the local transport infrastructure, I hope the new bridge will literally bring people in the City together and underline our resolve to create a Shared Future in Derry and the North. I have no doubt the bridge will quickly become both an important new amenity for residents and a must-see attraction for visitors to the city.”
The third bridge across the River Foyle, the Peace Bridge has been given £13,343,476 from the European Union’s PEACE III Programme managed by the Special EU Programmes Body (SEUPB). The programme’s theme of Creating Shared Public Space aims to support large scale infrastructure developments that will tackle problems of separated communities by creating genuine new shared space or transforming contested space.
Outlining the importance of the new bridge, Chairman of Ilex, Sir Roy McNulty, said: “This is a great day for the city. The Peace Bridge is the most significant capital project in Derry/ Londonderry for decades and is of fundamental importance to the regeneration programme. It will unite the city physically and symbolically and will act as a catalyst for transformation and future growth.
20 January 2010
THE Deputy First Minister, Martin McGuinness, and Social Development Minister, Margaret Ritchie, announced the commencement of construction of Londonderry's new Peace Bridge which will link the former military base at Ebrington to the Guildhall.
Speaking at a special ceremony to mark the start of work on the bridge Martin McGuinness said: “It is my sincere hope that the new bridge will be a catalyst for change and will help transform this city and the local community in the widest sense. It represents a real opportunity to improve relationships by transcending the physical divide of the river which, for so long, has been viewed as a boundary between the Waterside and the city side.
“It will bring Ebrington into shared, public use for the first time in almost 170 years. Most importantly, it will enable the local community to reclaim this prime riverside location for their own enjoyment.”
Social Development Minister, Margaret Ritchie said: “This is great news for the people of the North West. I welcome the commencement of work on the new bridge which will be a dynamic new structure in the heart of the city. This new foot and cycle bridge will encourage all the citizens of Derry to have a renewed sense of pride in their city centre. On a practical level, it will create a safe, attractive, convenient and high quality route into the central area for pedestrians and cyclists. But in addition to its contribution to the local transport infrastructure, I hope the new bridge will literally bring people in the City together and underline our resolve to create a Shared Future in Derry and the North. I have no doubt the bridge will quickly become both an important new amenity for residents and a must-see attraction for visitors to the city.”
The third bridge across the River Foyle, the Peace Bridge has been given £13,343,476 from the European Union’s PEACE III Programme managed by the Special EU Programmes Body (SEUPB). The programme’s theme of Creating Shared Public Space aims to support large scale infrastructure developments that will tackle problems of separated communities by creating genuine new shared space or transforming contested space.
Outlining the importance of the new bridge, Chairman of Ilex, Sir Roy McNulty, said: “This is a great day for the city. The Peace Bridge is the most significant capital project in Derry/ Londonderry for decades and is of fundamental importance to the regeneration programme. It will unite the city physically and symbolically and will act as a catalyst for transformation and future growth.
21 January 2010
Orams must demolish villa and return land to Greek Cypriot (Cyprus Mail)
http://ping.fm/aKPqS
Simon Bahceli
20 January 2010
BRITONS Linda and David Orams must demolish the home they built on Greek Cypriot refugee Melitis Apostolides’ land in Lapithos and return the property to him, the UK Court of Appeal ruled yesterday.
They were also ordered to pay legal costs and back rent to Apostolides by the court.
The ruling that backs the Nicosia court’s 2004 decision, came after a five-year legal battle that saw the opposing sides and their lawyers arguing it out in Nicosia, Luxemburg and London.
“The Court of Appeal has decided in favour of Mr Apostolides. The present appeal is final. A further appeal to the Supreme Court of the United Kingdom is not permitted,’ Apostolides’ lawyer Constantis Candounas said yesterday.
“This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the UK.
Candounas said the ruling was expected to act as a future deterrent for speculators in stolen Cypriot properties, as well as those willing to take small or bigger risks. Some 5,000 Britons have bought property in the north.
“The way is now open for all Greek Cypriots whose properties have been usurped by other EU nationals, to take legal action and enforce Cyprus judgments against such trespassers in the United Kingdom and other EU countries,” Candounas said.
Apostolides said on behalf of his family that they felt strongly emotional.
“After an effort which has lasted for many years now, we find ourselves with a historic decision, a decision which has relevance to the decisions of the European Union and more widely to human rights. For this reason I feel it is a victory for everybody, for the entire Cypriot public,” he added.
Speaking to the Cyprus Mail shortly after the ruling was announced at midday, Linda Orams, who was not in court yesterday, said that while she and her husband were “deeply disappointed” by the ruling, they would do all they could to abide by it.
“We are in the dark, but we’ll be coming back to Cyprus soon and see how we can abide by the ruling. If we don’t make efforts to comply we’ll be held in contempt of court,” she said.
While the decision was obviously welcomed by the Greek Cypriot side, the Turkish Cypriot leadership however was furious.
“The British court will have to decide how to implement its ruling. We will not implement it,” Turkish Cypriot leader Mehmet Ali Talat’s spokesman Hasan Ercakica told the Mail, adding: “If Apostolides really wants his property back, he can apply to the property commission”.
Ercakica said the Turkish Cypriot side would “take all necessary measures to protect the Oramses”.
“They will not be left alone,” he insisted. Having so far been aided by “an anonymous benefactor”, it is widely believed the Oramses have received financial backing from the authorities in the north, and Turkey.
Despite the tangible bitterness caused by the ruling in the north, Ercakica said he did not expect it to have an overtly negative impact on ongoing negotiations.
“This is nothing new. We are under isolation, and this is just another example of that,” he said.
Turkish Cypriot lawyer Emine Erk agreed that the outcome did not constitute a new state of affairs in the north.
"This should not be a surprise for Turkish Cypriots. When the Greek Cypriots joined the EU, to the exclusion of Turkish Cypriots, this was a risk many of us feared...that EU legislation would be used for claims that are inconsistent with the situation in the north," but added: “Everybody here needs to calculate their risks”.
Asked if Apostolides would claim against the Orams’ assets in Britain, including their home there Candounas said: "We have to wait to see what the Orams’ reaction will be, how they want to go about it, whether they’ll call Apostolides to hand the property [in northern Cyprus over], whether they will pay the damages, whether we will have to take legal action to enforce the judgment. It remains to be seen."
“Today’s decision is clear: what happens practically is not significant…. The final ruling is the strongest we have ever had. IT speaks of Turkish invasion and occupation. We have never seen this in any other decision. Not even in UN resolutions,” he said.
Background
IN 2004 Apostolides secured a ruling from the Nicosia ordering the Oramses to demolish the house they had built on his land, vacate the land and pay back rent. But, because the ruling was not enforceable in the north, the Orams ignored it, prompting Apostolides’ lawyers to take the case to the British High court in London in the hope that an EU law could be enacted, thereby enabling the Nicosia ruling to be enforced in the UK. The ultimate result would be that the court could order the confiscation of the Orams’ home in Sussex to pay compensation. However, rather than backing Nicosia, the UK’s High Court said that because EU law remained suspended in the north, pending reunification of the island, it could not enact EU law there. The British court then turned to the European Court of Justice (ECJ) in Luxemburg for clarification, which, after deliberation, said it saw no reason why EU law should not run in northern Cyprus. The ECJ’s decision was delivered in April last year but only yesterday, having accepting the ECJ’s advice, did the British court deliver its final verdict.
Simon Bahceli
20 January 2010
BRITONS Linda and David Orams must demolish the home they built on Greek Cypriot refugee Melitis Apostolides’ land in Lapithos and return the property to him, the UK Court of Appeal ruled yesterday.
They were also ordered to pay legal costs and back rent to Apostolides by the court.
The ruling that backs the Nicosia court’s 2004 decision, came after a five-year legal battle that saw the opposing sides and their lawyers arguing it out in Nicosia, Luxemburg and London.
“The Court of Appeal has decided in favour of Mr Apostolides. The present appeal is final. A further appeal to the Supreme Court of the United Kingdom is not permitted,’ Apostolides’ lawyer Constantis Candounas said yesterday.
“This judgment has determined in a final way that the legal rights of displaced Cypriots against trespassers, as determined by the Courts of the Republic of Cyprus, can be enforced in the UK.
Candounas said the ruling was expected to act as a future deterrent for speculators in stolen Cypriot properties, as well as those willing to take small or bigger risks. Some 5,000 Britons have bought property in the north.
“The way is now open for all Greek Cypriots whose properties have been usurped by other EU nationals, to take legal action and enforce Cyprus judgments against such trespassers in the United Kingdom and other EU countries,” Candounas said.
Apostolides said on behalf of his family that they felt strongly emotional.
“After an effort which has lasted for many years now, we find ourselves with a historic decision, a decision which has relevance to the decisions of the European Union and more widely to human rights. For this reason I feel it is a victory for everybody, for the entire Cypriot public,” he added.
Speaking to the Cyprus Mail shortly after the ruling was announced at midday, Linda Orams, who was not in court yesterday, said that while she and her husband were “deeply disappointed” by the ruling, they would do all they could to abide by it.
“We are in the dark, but we’ll be coming back to Cyprus soon and see how we can abide by the ruling. If we don’t make efforts to comply we’ll be held in contempt of court,” she said.
While the decision was obviously welcomed by the Greek Cypriot side, the Turkish Cypriot leadership however was furious.
“The British court will have to decide how to implement its ruling. We will not implement it,” Turkish Cypriot leader Mehmet Ali Talat’s spokesman Hasan Ercakica told the Mail, adding: “If Apostolides really wants his property back, he can apply to the property commission”.
Ercakica said the Turkish Cypriot side would “take all necessary measures to protect the Oramses”.
“They will not be left alone,” he insisted. Having so far been aided by “an anonymous benefactor”, it is widely believed the Oramses have received financial backing from the authorities in the north, and Turkey.
Despite the tangible bitterness caused by the ruling in the north, Ercakica said he did not expect it to have an overtly negative impact on ongoing negotiations.
“This is nothing new. We are under isolation, and this is just another example of that,” he said.
Turkish Cypriot lawyer Emine Erk agreed that the outcome did not constitute a new state of affairs in the north.
"This should not be a surprise for Turkish Cypriots. When the Greek Cypriots joined the EU, to the exclusion of Turkish Cypriots, this was a risk many of us feared...that EU legislation would be used for claims that are inconsistent with the situation in the north," but added: “Everybody here needs to calculate their risks”.
Asked if Apostolides would claim against the Orams’ assets in Britain, including their home there Candounas said: "We have to wait to see what the Orams’ reaction will be, how they want to go about it, whether they’ll call Apostolides to hand the property [in northern Cyprus over], whether they will pay the damages, whether we will have to take legal action to enforce the judgment. It remains to be seen."
“Today’s decision is clear: what happens practically is not significant…. The final ruling is the strongest we have ever had. IT speaks of Turkish invasion and occupation. We have never seen this in any other decision. Not even in UN resolutions,” he said.
Background
IN 2004 Apostolides secured a ruling from the Nicosia ordering the Oramses to demolish the house they had built on his land, vacate the land and pay back rent. But, because the ruling was not enforceable in the north, the Orams ignored it, prompting Apostolides’ lawyers to take the case to the British High court in London in the hope that an EU law could be enacted, thereby enabling the Nicosia ruling to be enforced in the UK. The ultimate result would be that the court could order the confiscation of the Orams’ home in Sussex to pay compensation. However, rather than backing Nicosia, the UK’s High Court said that because EU law remained suspended in the north, pending reunification of the island, it could not enact EU law there. The British court then turned to the European Court of Justice (ECJ) in Luxemburg for clarification, which, after deliberation, said it saw no reason why EU law should not run in northern Cyprus. The ECJ’s decision was delivered in April last year but only yesterday, having accepting the ECJ’s advice, did the British court deliver its final verdict.
Priština’s elections in K. Mitrovica in September? (B92)
http://ping.fm/q2mGn
Tanjug
20 January 2010
PRIŠTINA -- Kosovo Albanian government, international missions and diplomats are considering local elections in the northern part of Kosovska Mitrovica in September 2010.
Albanian language daily Koha Ditore wrote on Tuesday that ambassadors of the U.S., France, Germany, Great Britain and Italy, the International Civilian Office (ICO) and the EU mission have yet to reach an agreement on the date of the local elections for the setting up of the “new municipality of northern Mitrovica”.
“The situation on the ground is forcing them to keep several options in play, because the possibility of holding elections on May 16, as envisaged by the strategy for north Kosovo, is almost non-existent,” Tanjug quoted the article.
News sources state that the election might be held in September 2010. According to Koha Ditore, the ICO “would do the groundwork for the holding of possible elections on the formation of the new municipality”.
Kosovo Albanian politicians have also announced local elections in three other northern municipalities in the Serb north by the end of the year.
Tanjug
20 January 2010
PRIŠTINA -- Kosovo Albanian government, international missions and diplomats are considering local elections in the northern part of Kosovska Mitrovica in September 2010.
Albanian language daily Koha Ditore wrote on Tuesday that ambassadors of the U.S., France, Germany, Great Britain and Italy, the International Civilian Office (ICO) and the EU mission have yet to reach an agreement on the date of the local elections for the setting up of the “new municipality of northern Mitrovica”.
“The situation on the ground is forcing them to keep several options in play, because the possibility of holding elections on May 16, as envisaged by the strategy for north Kosovo, is almost non-existent,” Tanjug quoted the article.
News sources state that the election might be held in September 2010. According to Koha Ditore, the ICO “would do the groundwork for the holding of possible elections on the formation of the new municipality”.
Kosovo Albanian politicians have also announced local elections in three other northern municipalities in the Serb north by the end of the year.
Thaci on strategy in north Kosovo (EMportal)
http://ping.fm/rFwaN
19 January 2010
Kosovo Prime Minister Hashim Thaci said that the goal of the Kosovo Albanian government's new strategy is to improve the economic situation in northern Kosovo and strengthen its sovereignty.
"The strategy has four main fields: strengthening the rule of law on the entire territory of Kosovo, decentralization and the formation of new municipalities in northern Mitrovica, the issue of municipal governments in the three northern municipalities (Leposavic, Zvecan and Zubin Potok), improving the social-economic situation in this part of Kosovo," he said.
Kosovo Prime Minister Thaci said that the formation of a special fund for northern Kosovo is expected in order to help achieve these goals.
"Last year, we invested EUR 8mn in that part of Kosovo. This year, depending on the circumstances, we can form a special fund in the north and for that we have complete international support," Thaci said.
He said that the document will include concrete deadlines for implementation and will be harmonized with the Ahitsaari proposal, the constitution, and Kosovo laws.
He said that the preparation of the strategy is in "its final phases" and added that "it's being worked on in cooperation between the Kosovo government and international factors, including the international civil office."
EU special representative in Kosovo Pieter Feith confirmed the existence of the strategy.
EULEX Head of Mission Yves de Kermabon stated Thursday that the EU Mission does not recognize neither assist the so-called parallel structures in Kosovo, adding that Belgrade's political decision to nominate judges for Serb courts in Kosovo has to be dealt with urgently.
Kermabon said in a written statement that there is not a single place in Europe with two judicial systems operating at the same time and covering the same area, adding that this would mean non-existence of justice. "This will trigger conflicting decisions which will go against the rights of the population. There can be only one judicial system in Kosovo," Kermabon said. "The political decision by Belgrade to nominate judges for Serb courts in Kosovo has to be dealt with urgently.
EULEX is working on the reestablishment of a functioning justice in North Mitrovica, has reopened the court and conducted five trials there," Kermabon added. According to him, EULEX top priority is to get Kosovo Serb and Kosovo Albanian judges and prosecutors back to the Mitrovica District Court, so that justice can be delivered by a local, multiethnic and single judiciary.
He underscored in the written statement that EULEX mission's mandate is clear concerning the Serbian institutions in Kosovo and drawn based on the Joint Action adopted by all 27 member states of the EU. "It says that we are here to assist the Kosovo institutions, judicial authorities and law enforcement agencies. EULEX is determined to help to reinforce the Kosovo institutions in the rule of law area," the EULEX head of mission said.
Kermabon stated that strong, fair and multiethnic rule-of-law institutions for all communities are the only option, adding that this will be a guarantee for a fair justice and will make the so-called parallel structures irrelevant. "We are not in Kosovo to govern, but to help the Kosovo authorities in the rule of law area. Until now, we have worked in the North on a step by step approach. This approach proved quite efficient," Kermabon said.
Serbian Kosovo Ministry State Secretary Oliver Ivanovic stated earlier that Feith's statements regarding the integration of northern Kosovo into the Kosovo institutions are dangerous, and that they are only feeding the hopes of radical Albanians.
International representative Peter Feith and the International Civilian Office in Pristina are trying to annul and eliminate UNMIK in Kosmet, the state secretary of the Serbian Ministry for Kosovo-Metohija, Oliver Ivanovic, said, stressing UN SC Resolution 1244 is providing Serbia with the right to continue with battle for the preservation of territorial integrity.
Commenting for RTS the initiative of some international representatives and Kosovo Albanians to integrate the mostly-Serb populated north of the Province into a so-called independent state of Kosovo, Ivanovic assessed that action of Feith, supported by Pristina as well, was dangerous and added Serbia would react to that.
Serbian Minister for Kosovo and Metohija Goran Bogdanovic has said that he will send a letter to EULEX Chief Yves de Kermabon concerning the necessity to hold a meeting where they would discuss the issue of establishing legal institutions in the north of Kosovo.
"The legal vacuum which exists in the north of Kosovo-Metohija is first of all unacceptable for the Serbian community and we are ready to solve such issues," Bogdanovic told Belgrade television Pink. He pointed out that the international community is already familiar with Belgrade's position on the matter, and added that since April the ministry "has not had any meetings with EULEX in order to resolve the situation." "We want that people are protected and that criminals are prosecuted," the minister stressed.
Bogdanovic evaluated that the meeting has to be held so that the dialogue on problems in Kosovo would finally begin. Speaking of the Wednesday incident, when he was prohibited from visiting the village of Strpce by the Kosovo Police, the minister said that "this is the message for Serbs that they are not wanted in Kosovo and Metohija." "This proves the fact we often mentioned - there is no rule of law in Kosovo, no freedom of movement and Serbs are not legally protected," Bogdanovic concluded.
19 January 2010
Kosovo Prime Minister Hashim Thaci said that the goal of the Kosovo Albanian government's new strategy is to improve the economic situation in northern Kosovo and strengthen its sovereignty.
"The strategy has four main fields: strengthening the rule of law on the entire territory of Kosovo, decentralization and the formation of new municipalities in northern Mitrovica, the issue of municipal governments in the three northern municipalities (Leposavic, Zvecan and Zubin Potok), improving the social-economic situation in this part of Kosovo," he said.
Kosovo Prime Minister Thaci said that the formation of a special fund for northern Kosovo is expected in order to help achieve these goals.
"Last year, we invested EUR 8mn in that part of Kosovo. This year, depending on the circumstances, we can form a special fund in the north and for that we have complete international support," Thaci said.
He said that the document will include concrete deadlines for implementation and will be harmonized with the Ahitsaari proposal, the constitution, and Kosovo laws.
He said that the preparation of the strategy is in "its final phases" and added that "it's being worked on in cooperation between the Kosovo government and international factors, including the international civil office."
EU special representative in Kosovo Pieter Feith confirmed the existence of the strategy.
EULEX Head of Mission Yves de Kermabon stated Thursday that the EU Mission does not recognize neither assist the so-called parallel structures in Kosovo, adding that Belgrade's political decision to nominate judges for Serb courts in Kosovo has to be dealt with urgently.
Kermabon said in a written statement that there is not a single place in Europe with two judicial systems operating at the same time and covering the same area, adding that this would mean non-existence of justice. "This will trigger conflicting decisions which will go against the rights of the population. There can be only one judicial system in Kosovo," Kermabon said. "The political decision by Belgrade to nominate judges for Serb courts in Kosovo has to be dealt with urgently.
EULEX is working on the reestablishment of a functioning justice in North Mitrovica, has reopened the court and conducted five trials there," Kermabon added. According to him, EULEX top priority is to get Kosovo Serb and Kosovo Albanian judges and prosecutors back to the Mitrovica District Court, so that justice can be delivered by a local, multiethnic and single judiciary.
He underscored in the written statement that EULEX mission's mandate is clear concerning the Serbian institutions in Kosovo and drawn based on the Joint Action adopted by all 27 member states of the EU. "It says that we are here to assist the Kosovo institutions, judicial authorities and law enforcement agencies. EULEX is determined to help to reinforce the Kosovo institutions in the rule of law area," the EULEX head of mission said.
Kermabon stated that strong, fair and multiethnic rule-of-law institutions for all communities are the only option, adding that this will be a guarantee for a fair justice and will make the so-called parallel structures irrelevant. "We are not in Kosovo to govern, but to help the Kosovo authorities in the rule of law area. Until now, we have worked in the North on a step by step approach. This approach proved quite efficient," Kermabon said.
Serbian Kosovo Ministry State Secretary Oliver Ivanovic stated earlier that Feith's statements regarding the integration of northern Kosovo into the Kosovo institutions are dangerous, and that they are only feeding the hopes of radical Albanians.
International representative Peter Feith and the International Civilian Office in Pristina are trying to annul and eliminate UNMIK in Kosmet, the state secretary of the Serbian Ministry for Kosovo-Metohija, Oliver Ivanovic, said, stressing UN SC Resolution 1244 is providing Serbia with the right to continue with battle for the preservation of territorial integrity.
Commenting for RTS the initiative of some international representatives and Kosovo Albanians to integrate the mostly-Serb populated north of the Province into a so-called independent state of Kosovo, Ivanovic assessed that action of Feith, supported by Pristina as well, was dangerous and added Serbia would react to that.
Serbian Minister for Kosovo and Metohija Goran Bogdanovic has said that he will send a letter to EULEX Chief Yves de Kermabon concerning the necessity to hold a meeting where they would discuss the issue of establishing legal institutions in the north of Kosovo.
"The legal vacuum which exists in the north of Kosovo-Metohija is first of all unacceptable for the Serbian community and we are ready to solve such issues," Bogdanovic told Belgrade television Pink. He pointed out that the international community is already familiar with Belgrade's position on the matter, and added that since April the ministry "has not had any meetings with EULEX in order to resolve the situation." "We want that people are protected and that criminals are prosecuted," the minister stressed.
Bogdanovic evaluated that the meeting has to be held so that the dialogue on problems in Kosovo would finally begin. Speaking of the Wednesday incident, when he was prohibited from visiting the village of Strpce by the Kosovo Police, the minister said that "this is the message for Serbs that they are not wanted in Kosovo and Metohija." "This proves the fact we often mentioned - there is no rule of law in Kosovo, no freedom of movement and Serbs are not legally protected," Bogdanovic concluded.
New northern Kosovo strategy draws fire (SETimes.com)
http://ping.fm/MElNo
Linda Karadaku
18 January 2010
A newly drafted plan by the Kosovo government and the International Civilian Presence (ICO) that outlines a new approach and strategy for Kosovo's volatile north, has drawn fire from Serb representatives, according to local media reports.
The strategy envisions the creation of a Northern Mitrovica municipality by mid-year. It also stipulates that the Kosovo government organise local elections this year in three northern municipalities -- Zvecan, Leposavic and Zubin Potok.
According to Pristina, the new approach will help marginalise the structures of Serbia, which are operating in that part of Kosovo, and foresees an increased EULEX presence.
"The strong, fair and multiethnic rule-of-law institutions for all communities are the only option. This will be a guarantee for a fair justice and will make the so-called parallel structures irrelevant," EULEX chief Yves de Kermabon said.
He said that EULEX's top priority is to get Kosovo Serb and Kosovo Albanian judges and prosecutors back to the Mitrovica District Court, so that justice can be delivered by a local, multiethnic and single judiciary.
"Nowhere else in Europe have we two judicial systems operating at the same time and in the same place. Two jurisdictions would result in no justice being delivered, but trigger conflicting decisions that would go against the rights of the people. There can be only one judicial system in Kosovo," he said.
Prime Minister Hashim Thaci expressed support for the new strategy. "The establishment of the rule of law in the entire territory of Kosovo also means the disbanding of the structures or the avoidance of the obstacles coming from individuals who do not recognise the institutions and the laws of Kosovo," Thaci said.
He added that the new plan also aims to improve the economic situation in the area.
"The strategy has four main fields: strengthening the rule of law on the entire territory of Kosovo, decentralisation and the formation of new municipalities in northern Mitrovica, the issue of municipal governments in the three northern municipalities and improving the social-economic situation in this part of Kosovo."
However, according to Serb National Council for Northern Kosovo President Milan Ivanovic, Serbs wish to remain under Belgrade's constitutional and legal system. The new plan, therefore, would lead to a destabilisation in the north.
"This intended strategy to expel UNMIK, which is supposed to work in the spirit of Resolution 1244, from Kosovo, and that EULEX should take its place -- an organisation which comes from the countries that created that independent Kosovo -- is certainly not beneficial for the final solution, just as the elections in [Mitrovica] will not succeed, " he said.
Serbian President Boris Tadic told radio Glas Srbije that the Kosovo question is not over for Serbia. Belgrade wants to negotiate with the Kosovo Albanians to find a compromise, "which entails Serbia" in Kosovo. He insisted that while Serbia "would never recognise Kosovo independence", it "has no intention to run lives of the Kosovo Albanians".
On January 12th, Kosovo President Fatmir Sejdiu told the World Affairs Council in San Francisco that Kosovo has challenges in the north, "where we have more of a concentration of the parallel structures, which are financed from the official Belgrade".
"There are a lot of people in these structures who owe a lot to justice. Their leaders are people with a criminal past, who have committed crimes in Croatia, Bosnia and Herzegovina and Kosovo. Without having put these people in front of justice, it is difficult to think of stability in that part of Kosovo, which, unfortunately, has been transformed in an area where smuggling also flourishes," Sejdiu said.
Linda Karadaku
18 January 2010
A newly drafted plan by the Kosovo government and the International Civilian Presence (ICO) that outlines a new approach and strategy for Kosovo's volatile north, has drawn fire from Serb representatives, according to local media reports.
The strategy envisions the creation of a Northern Mitrovica municipality by mid-year. It also stipulates that the Kosovo government organise local elections this year in three northern municipalities -- Zvecan, Leposavic and Zubin Potok.
According to Pristina, the new approach will help marginalise the structures of Serbia, which are operating in that part of Kosovo, and foresees an increased EULEX presence.
"The strong, fair and multiethnic rule-of-law institutions for all communities are the only option. This will be a guarantee for a fair justice and will make the so-called parallel structures irrelevant," EULEX chief Yves de Kermabon said.
He said that EULEX's top priority is to get Kosovo Serb and Kosovo Albanian judges and prosecutors back to the Mitrovica District Court, so that justice can be delivered by a local, multiethnic and single judiciary.
"Nowhere else in Europe have we two judicial systems operating at the same time and in the same place. Two jurisdictions would result in no justice being delivered, but trigger conflicting decisions that would go against the rights of the people. There can be only one judicial system in Kosovo," he said.
Prime Minister Hashim Thaci expressed support for the new strategy. "The establishment of the rule of law in the entire territory of Kosovo also means the disbanding of the structures or the avoidance of the obstacles coming from individuals who do not recognise the institutions and the laws of Kosovo," Thaci said.
He added that the new plan also aims to improve the economic situation in the area.
"The strategy has four main fields: strengthening the rule of law on the entire territory of Kosovo, decentralisation and the formation of new municipalities in northern Mitrovica, the issue of municipal governments in the three northern municipalities and improving the social-economic situation in this part of Kosovo."
However, according to Serb National Council for Northern Kosovo President Milan Ivanovic, Serbs wish to remain under Belgrade's constitutional and legal system. The new plan, therefore, would lead to a destabilisation in the north.
"This intended strategy to expel UNMIK, which is supposed to work in the spirit of Resolution 1244, from Kosovo, and that EULEX should take its place -- an organisation which comes from the countries that created that independent Kosovo -- is certainly not beneficial for the final solution, just as the elections in [Mitrovica] will not succeed, " he said.
Serbian President Boris Tadic told radio Glas Srbije that the Kosovo question is not over for Serbia. Belgrade wants to negotiate with the Kosovo Albanians to find a compromise, "which entails Serbia" in Kosovo. He insisted that while Serbia "would never recognise Kosovo independence", it "has no intention to run lives of the Kosovo Albanians".
On January 12th, Kosovo President Fatmir Sejdiu told the World Affairs Council in San Francisco that Kosovo has challenges in the north, "where we have more of a concentration of the parallel structures, which are financed from the official Belgrade".
"There are a lot of people in these structures who owe a lot to justice. Their leaders are people with a criminal past, who have committed crimes in Croatia, Bosnia and Herzegovina and Kosovo. Without having put these people in front of justice, it is difficult to think of stability in that part of Kosovo, which, unfortunately, has been transformed in an area where smuggling also flourishes," Sejdiu said.
Balkans: Human Rights Lagging (Human Rights Watch)
http://ping.fm/tGaMn
21 January 2010
(Brussels) - Human rights protections in the Western Balkans lag behind aspirations for European integration, Human Rights Watch said today. In its World Report 2010, Human Rights Watch documents human rights conditions and issues in Bosnia, Croatia, Serbia, and Kosovo.
The report highlights mixed progress in the region on war crimes accountability and abuses against ethnic minorities, as well as obstacles to the return of displaced persons across the region and problems in the individual countries.
"If governments in the Balkans are serious about European integration, they need to give greater priority to human rights," said Wanda Troszczynska-van Genderen, Western Balkans researcher at Human Rights Watch. "That includes Croatia, a country considered to be the closest on its path to becoming an EU member, which has a lot more to do to meet European standards."
The 612-page report, the organization's 20th annual review of human rights practices around the globe, summarizes major human rights trends in more than 90 nations and territories worldwide, reflecting the extensive investigative work carried out in 2009 by Human Rights Watch staff.
Accountability for war crimes is a key issue across the region, the World Report says, both in countries' cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and in domestic war crimes prosecutions. Bosnia and Herzegovina has made strides on domestic prosecutions, despite threats to end the role of international judges and prosecutors in its special war crimes chamber. While Croatia is prosecuting war crimes suspects, a disproportionate number of defendants are Serbs, and its cooperation with the tribunal has been inconsistent.
Serbia's improved cooperation with the tribunal has not yet resulted in the arrest of the region's most wanted war crimes suspect, Ratko Mladic, the wartime military leader of the Bosnian Serbs, despite repeated promises that he would be brought to justice. Progress on accountability for war crimes has been slowest in Kosovo, but there were some encouraging signs. These include the opening of proceedings by the new EU rule-of-law and police missions in Kosovo (EULEX) in a small number of war crimes cases, including an investigation into the alleged transfers by the rebel Kosovo Liberation Army in 1999 of about 400 Serbian and other captives to detention facilities in Albania.
"Justice for the victims of wartime abuses should be a priority for authorities across the region and for the EU," Troszczynska-van Genderen said.
Roma and other ethnic minorities remain marginalized and vulnerable to violence. The number of inter-ethnic incidents has not been large, but this reflects a trend toward greater segregation of ethnic communities rather than greater integration, Human Rights Watch said. Ethnically divided areas, particularly the Kosovo city of Mitrovica, remain a flashpoint.
Serbia's treatment of its Roma population is a concern. Forced evictions in Belgrade in April 2009 provided a concrete and troubling illustration of the Roma's marginal position. In Kosovo, a series of attacks on Roma in the previously peaceful town of Gnjilane in August raised concerns. A December ruling by the European Court of Human Rights underscored the discriminatory nature of Bosnia's political system and constitution, which prohibits Jews and Roma from standing for the country's presidency and parliament.
There was little progress toward durable solutions for displaced persons and refugees. The number of voluntary returns of refugees declined throughout the region, while Western European countries have been carrying out forced returns of refugees, especially to Serbia and Kosovo. Ten years after the destruction of the Roma quarter in Mitrovica, its former inhabitants remained displaced in camps in north Mitrovica (Cesmin Lug, Osterode and Leposavic), exposed to ongoing and harmful lead contamination. Human Rights Watch noted that an announcement by the EU in December of a major project with the US to resettle the inhabitants of the camps and provide them with medical treatment was a hopeful sign.
"Forced returns, especially in the absence of effective assistance, are worsening the situation for vulnerable minorities, especially for Roma in Kosovo," Troszczynska-van Genderen said. "Western governments, especially Germany, where a large number of Roma from the region have taken refuge, urgently need to revise their approach and work with the UN refugee agency to ensure that returns are sustainable."
Human Rights Watch expressed concerns about the harassment of human rights defenders and independent journalists throughout the region. The forms of harassment ranged from anonymous and public threats to restrictions on holding public events to criminal and civil libel suits against activists.
"Authorities throughout the region need to affirm their commitment to human rights and free expression and to make clear that they will not tolerate this harassment of human rights defenders and journalists," Troszczynska-van Genderen said.
Other specific concerns identified in the World Report include:
* Croatia's lack of progress in deinstitutionalizing people with mental disabilities, despite commitments to do so.
* Weakness in Croatia's asylum system, including an extremely low recognition rate of refugees and routine detention of asylum seekers.
* Bosnia's policy of indefinitely detaining terrorism suspects it has stripped of their Bosnian nationality, and efforts to deport them to countries where they face the risk of torture.
* Ethnic tension in Serbia's Albanian majority Presevo Valley region, marked in 2009 by attacks on both the police and local residents.
* Efforts by the United Nations in Kosovo to weaken and undermine the UN Human Rights Advisory Panel, the only mechanism that allows members of the public in Kosovo to bring complaints against the mission alleging human rights abuse.
21 January 2010
(Brussels) - Human rights protections in the Western Balkans lag behind aspirations for European integration, Human Rights Watch said today. In its World Report 2010, Human Rights Watch documents human rights conditions and issues in Bosnia, Croatia, Serbia, and Kosovo.
The report highlights mixed progress in the region on war crimes accountability and abuses against ethnic minorities, as well as obstacles to the return of displaced persons across the region and problems in the individual countries.
"If governments in the Balkans are serious about European integration, they need to give greater priority to human rights," said Wanda Troszczynska-van Genderen, Western Balkans researcher at Human Rights Watch. "That includes Croatia, a country considered to be the closest on its path to becoming an EU member, which has a lot more to do to meet European standards."
The 612-page report, the organization's 20th annual review of human rights practices around the globe, summarizes major human rights trends in more than 90 nations and territories worldwide, reflecting the extensive investigative work carried out in 2009 by Human Rights Watch staff.
Accountability for war crimes is a key issue across the region, the World Report says, both in countries' cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY) and in domestic war crimes prosecutions. Bosnia and Herzegovina has made strides on domestic prosecutions, despite threats to end the role of international judges and prosecutors in its special war crimes chamber. While Croatia is prosecuting war crimes suspects, a disproportionate number of defendants are Serbs, and its cooperation with the tribunal has been inconsistent.
Serbia's improved cooperation with the tribunal has not yet resulted in the arrest of the region's most wanted war crimes suspect, Ratko Mladic, the wartime military leader of the Bosnian Serbs, despite repeated promises that he would be brought to justice. Progress on accountability for war crimes has been slowest in Kosovo, but there were some encouraging signs. These include the opening of proceedings by the new EU rule-of-law and police missions in Kosovo (EULEX) in a small number of war crimes cases, including an investigation into the alleged transfers by the rebel Kosovo Liberation Army in 1999 of about 400 Serbian and other captives to detention facilities in Albania.
"Justice for the victims of wartime abuses should be a priority for authorities across the region and for the EU," Troszczynska-van Genderen said.
Roma and other ethnic minorities remain marginalized and vulnerable to violence. The number of inter-ethnic incidents has not been large, but this reflects a trend toward greater segregation of ethnic communities rather than greater integration, Human Rights Watch said. Ethnically divided areas, particularly the Kosovo city of Mitrovica, remain a flashpoint.
Serbia's treatment of its Roma population is a concern. Forced evictions in Belgrade in April 2009 provided a concrete and troubling illustration of the Roma's marginal position. In Kosovo, a series of attacks on Roma in the previously peaceful town of Gnjilane in August raised concerns. A December ruling by the European Court of Human Rights underscored the discriminatory nature of Bosnia's political system and constitution, which prohibits Jews and Roma from standing for the country's presidency and parliament.
There was little progress toward durable solutions for displaced persons and refugees. The number of voluntary returns of refugees declined throughout the region, while Western European countries have been carrying out forced returns of refugees, especially to Serbia and Kosovo. Ten years after the destruction of the Roma quarter in Mitrovica, its former inhabitants remained displaced in camps in north Mitrovica (Cesmin Lug, Osterode and Leposavic), exposed to ongoing and harmful lead contamination. Human Rights Watch noted that an announcement by the EU in December of a major project with the US to resettle the inhabitants of the camps and provide them with medical treatment was a hopeful sign.
"Forced returns, especially in the absence of effective assistance, are worsening the situation for vulnerable minorities, especially for Roma in Kosovo," Troszczynska-van Genderen said. "Western governments, especially Germany, where a large number of Roma from the region have taken refuge, urgently need to revise their approach and work with the UN refugee agency to ensure that returns are sustainable."
Human Rights Watch expressed concerns about the harassment of human rights defenders and independent journalists throughout the region. The forms of harassment ranged from anonymous and public threats to restrictions on holding public events to criminal and civil libel suits against activists.
"Authorities throughout the region need to affirm their commitment to human rights and free expression and to make clear that they will not tolerate this harassment of human rights defenders and journalists," Troszczynska-van Genderen said.
Other specific concerns identified in the World Report include:
* Croatia's lack of progress in deinstitutionalizing people with mental disabilities, despite commitments to do so.
* Weakness in Croatia's asylum system, including an extremely low recognition rate of refugees and routine detention of asylum seekers.
* Bosnia's policy of indefinitely detaining terrorism suspects it has stripped of their Bosnian nationality, and efforts to deport them to countries where they face the risk of torture.
* Ethnic tension in Serbia's Albanian majority Presevo Valley region, marked in 2009 by attacks on both the police and local residents.
* Efforts by the United Nations in Kosovo to weaken and undermine the UN Human Rights Advisory Panel, the only mechanism that allows members of the public in Kosovo to bring complaints against the mission alleging human rights abuse.
Kirkuk Question: Obama's post-election Challenge (The Hawler Tribune)
http://ping.fm/Leqo5
Namo Abdulla
18 January 2010
After many parliament sessions, the passage of the election law was made possible through US pressure on the Kurdish leadership to compromise over the extra parliament seats. The Kurds agreed to gain fewer seats than what they thought they were entitled to. In return for this Kurdish concession, the White House expressed its support for the implementation of Article 140 of the Iraqi Constitution.
US support for Article 140 is seen by Kurds as US support for the annexation of Kirkuk to the Kurdistan Region. Whether or not the US will keep its promise does not change the fact that Iraq’s security and its politics are still dependent on the United States.
The difficulties that the passage of the election law entailed also displayed how unlikely it was for Iraqis to be able to solve their difference on their own. Iraq’s Vice-President Tariq Al Hashimi, the main representative of the Sunnis in Iraq’s politics, vetoed the first approval of the election project because he thought it did not grant enough seats to expatriate Iraqis. Most of the Iraqis living abroad are Sunni Arabs who fled from the country in protest over what they perceive is the Shiite domination of Iraq in 2003. Throughout the modern history of Iraq, the country had been dominated by Sunni Arabs.
The Kurds objected to the second proposal of the election law on grounds that the 50 additional seats had been unfairly distributed against the Kurdish governorates. They questioned why a Sunni-Arab populated province like Mosul were granted 12 additional seats, while no extra seat was assigned to Slemani, a Kurdish populated province.
The political battle over the parliament seats were mainly fought between the Sunnis and Kurds. The Kurds were the second powerful group in Iraq after the Shiites thanks to the Sunni boycott of the 2005 elections. But this time the Sunnis, as their population is almost equal to that of the Kurds, want to replace the Kurds. Even one seat could play a decisive role in the Sunni-Kurd struggle to become second and, in turn, win the office of the president of the Republic of Iraq.
The Kurds have already backed down for a US promise of Kirkuk. The Kurdish compromise showed two things. First, that the Kurds still trust the Americans more than they do any other Iraqi. They still believe that their being openly pro-America and pro-West makes them more favored by America. Secondly, Kirkuk was more important for the Kurds than having better representation in Baghdad.
While drawing down violence and restoring normalcy to Iraq had topped former president George W. Bush’s agenda since the overthrow of the late dictator Saddam Hussein, Kirkuk is expected to take political center-stage for Obama in his dealing with post-2010-election Iraq. Kirkuk is a multi-ethnic province inhabited by Kurds, Arabs and Turcomans. It is also home to 25 percent of Iraq’s oil reserves. It has often been considered a “ticking time bomb” that could explode anytime if wrongly handled. One living in Kirkuk or familiar with the city’s people knows that the residents there have no problem with each other. The problem has been politicized by political figures.
The Arab elites of the city, backed by the Shiite-led central government, and Turcoman leaders, aided by Turkey, have a fairly similar view on Kirkuk. Instead of formulating a clear policy for Kirkuk, they are opposed to its annexation to the Kurdistan Region. Both Turkey and the Baghdad government fear a scenario whereby the Kurds would declare independence as soon as they control Kirkuk’s oil.
The Kurds have a similarly narrow view. They follow a blind ethno-nationalist rhetoric, that is, Kirkuk should return to Kurdistan. They have done so, instead of proposing fair arguments and to convince the Kirkukis to favor Kurdistan. The Kurds should abandon this way of speaking and free Kirkukis to decide about the future of their city whether they want to join Kurdistan or not.
The main reason why opposing parties do not approve of Kirkuk becoming part of Kurdistan is due to the city’s oil reserves. However, on 1July 2009, the Kurds assured everyone that they are ready to end even their ownership over their oil reserves just for the sake of the resolution of Iraq’s problems. They allowed the production of the oil of its two main reserves of Tawke and Taq-Taq to be distributed by the central government equally to all Iraqis. If Kirkuk gets annexed to Kurdistan, the KRG should still allow the central government to be responsible for all oil matters. This should be set by the law.
However, for the Kurds, Kirkuk is not only about oil. It is more symbolic. It stands for their honor and dignity. It is the issue of a land for which thousands of Kurds have perished throughout the last 50 years on order by successive Arab-dominated governments in Iraq. If the Kurds could make concessions over anything, it is unlikely they would abandon Kirkuk. Kirkuk cannot be left unresolved by the Americans. Doing so could bring disastrous consequences. On the other hand, the second major ethnic group of Iraq, the Kurds, cannot be ignored. This issue would delay US withdrawal, if a quick solution is not found. The best and easiest way for US President Barack Obama is to be frank with all Iraqis and persuade everyone that it is in their best interest to respect the constitution of their country.
Namo Abdulla
18 January 2010
After many parliament sessions, the passage of the election law was made possible through US pressure on the Kurdish leadership to compromise over the extra parliament seats. The Kurds agreed to gain fewer seats than what they thought they were entitled to. In return for this Kurdish concession, the White House expressed its support for the implementation of Article 140 of the Iraqi Constitution.
US support for Article 140 is seen by Kurds as US support for the annexation of Kirkuk to the Kurdistan Region. Whether or not the US will keep its promise does not change the fact that Iraq’s security and its politics are still dependent on the United States.
The difficulties that the passage of the election law entailed also displayed how unlikely it was for Iraqis to be able to solve their difference on their own. Iraq’s Vice-President Tariq Al Hashimi, the main representative of the Sunnis in Iraq’s politics, vetoed the first approval of the election project because he thought it did not grant enough seats to expatriate Iraqis. Most of the Iraqis living abroad are Sunni Arabs who fled from the country in protest over what they perceive is the Shiite domination of Iraq in 2003. Throughout the modern history of Iraq, the country had been dominated by Sunni Arabs.
The Kurds objected to the second proposal of the election law on grounds that the 50 additional seats had been unfairly distributed against the Kurdish governorates. They questioned why a Sunni-Arab populated province like Mosul were granted 12 additional seats, while no extra seat was assigned to Slemani, a Kurdish populated province.
The political battle over the parliament seats were mainly fought between the Sunnis and Kurds. The Kurds were the second powerful group in Iraq after the Shiites thanks to the Sunni boycott of the 2005 elections. But this time the Sunnis, as their population is almost equal to that of the Kurds, want to replace the Kurds. Even one seat could play a decisive role in the Sunni-Kurd struggle to become second and, in turn, win the office of the president of the Republic of Iraq.
The Kurds have already backed down for a US promise of Kirkuk. The Kurdish compromise showed two things. First, that the Kurds still trust the Americans more than they do any other Iraqi. They still believe that their being openly pro-America and pro-West makes them more favored by America. Secondly, Kirkuk was more important for the Kurds than having better representation in Baghdad.
While drawing down violence and restoring normalcy to Iraq had topped former president George W. Bush’s agenda since the overthrow of the late dictator Saddam Hussein, Kirkuk is expected to take political center-stage for Obama in his dealing with post-2010-election Iraq. Kirkuk is a multi-ethnic province inhabited by Kurds, Arabs and Turcomans. It is also home to 25 percent of Iraq’s oil reserves. It has often been considered a “ticking time bomb” that could explode anytime if wrongly handled. One living in Kirkuk or familiar with the city’s people knows that the residents there have no problem with each other. The problem has been politicized by political figures.
The Arab elites of the city, backed by the Shiite-led central government, and Turcoman leaders, aided by Turkey, have a fairly similar view on Kirkuk. Instead of formulating a clear policy for Kirkuk, they are opposed to its annexation to the Kurdistan Region. Both Turkey and the Baghdad government fear a scenario whereby the Kurds would declare independence as soon as they control Kirkuk’s oil.
The Kurds have a similarly narrow view. They follow a blind ethno-nationalist rhetoric, that is, Kirkuk should return to Kurdistan. They have done so, instead of proposing fair arguments and to convince the Kirkukis to favor Kurdistan. The Kurds should abandon this way of speaking and free Kirkukis to decide about the future of their city whether they want to join Kurdistan or not.
The main reason why opposing parties do not approve of Kirkuk becoming part of Kurdistan is due to the city’s oil reserves. However, on 1July 2009, the Kurds assured everyone that they are ready to end even their ownership over their oil reserves just for the sake of the resolution of Iraq’s problems. They allowed the production of the oil of its two main reserves of Tawke and Taq-Taq to be distributed by the central government equally to all Iraqis. If Kirkuk gets annexed to Kurdistan, the KRG should still allow the central government to be responsible for all oil matters. This should be set by the law.
However, for the Kurds, Kirkuk is not only about oil. It is more symbolic. It stands for their honor and dignity. It is the issue of a land for which thousands of Kurds have perished throughout the last 50 years on order by successive Arab-dominated governments in Iraq. If the Kurds could make concessions over anything, it is unlikely they would abandon Kirkuk. Kirkuk cannot be left unresolved by the Americans. Doing so could bring disastrous consequences. On the other hand, the second major ethnic group of Iraq, the Kurds, cannot be ignored. This issue would delay US withdrawal, if a quick solution is not found. The best and easiest way for US President Barack Obama is to be frank with all Iraqis and persuade everyone that it is in their best interest to respect the constitution of their country.
Foreign policy: Iraq's politics of exclusion (NPR)
Foreign policy: Iraq's politics of exclusion
http://ping.fm/6qcpR
J. Scott Carpenter and Michael Knights
19 January 2010
Until recently, the Iraqi elections on March 7, 2010 seemed likely to showcase the growing maturity of local democracy and offer the United States a chance to claim some success and, more importantly, a mandate to withdraw troops. The election would mark the third time a peaceful transfer of power from one elected civilian-led government to another has occurred since January 2005. The electoral system guaranteed a healthy connection between candidates and local constituencies, the formation of a manageable half dozen major coalitions represented a good balance of nationalist and ethno-sectarian platforms, and it was clear that a future government could only be formed by forging a diverse cross-sectarian and multi-ethnic alliance. So what's the worry?
The key threat to the success of Iraq's upcoming election stems from a decision by the Justice and Accountability Commission (JAC), the successor organization to the deeply politicized De-Baathification Commission. On Jan. 7, the JAC, chaired by Ali Faysal al-Lami, a political ally of Ahmed Chalabi and a current candidate on Chalabi's Iraqi National Congress list for parliament, announced that it was seeking the exclusion of 500 primarily Sunni Arab candidates and 15 political lists from the elections due to their alleged connections to the banned Baath party. Following the commission's ruling, despite the questionable legality of its actions, neither the legislature nor the executive branch leadership have taken steps to quash this inflammatory decision.
Hopes for reversing the JAC's move now fall to a special judicial commission appointed just days ago by the legislature. The names of the appointed judges remain a secret. While the government claims that this is for their personal security, it also reflects the lack of transparency with which the Iraqi government has approached this issue.
The ban will mainly affect candidates from the Iraqiyya coalition, a cross-sectarian alliance dominated by secular nationalists and led by Iyad Alllawi, the first Iraqi prime minister of the post-Saddam era. Saleh Mutlaq, one of the three most senior leaders in the coalition, was among the candidates struck from the ballot — along with all candidates from his party, the Iraqi Front for National Dialogue. Wathab Shakir, the Sunni Arab head of the national reconciliation committee, was also banned, alongside numerous candidates of the Unity of Iraq coalition, another cross-sectarian nationalist alliance.
Even if the decision is overturned, damage has already been done. The exclusion of Sunni Arab candidates has coincided with other factors that are reducing public confidence in the success of the elections. Al Qaeda in Iraq continues to plan and undertake mass casualty attacks against government and civilian targets, fueling sectarian distrust and the risk of heavy-handed responses by the predominantly Shiite security force in Baghdad.
On Jan. 12, all movement in Baghdad was abruptly curtailed as the city went into lockdown as a result of a newly-foiled terrorist plot against key ministries. The reaction to this incident — pervasive rumors concerning an attempted neo-Baathist military coup — was significant. The rumors were magnified by various military parades and U.S. overflights that attended the Iraqi Armed Forces anniversary, which were misconstrued by a wary Baghdad populace. By manipulating well-justified cultural and historical fears, the Shiite sectarian parties have also stoked fears of a "Baathist return" as part of their election strategy. These concerns have not been effectively assuaged by the United States and its allies. For example, there was insufficient explanation following the Jan. 8 statement by John Jenkins, the British ambassador to Iraq, warning of a future coup.
Given the makeup of today's Iraqi military — the vast majority of its leadership are Shiite Arabs or Kurds — a neo-Baathist coup remains highly unlikely. The political exploitation of such rumors may therefore reflect the nurturing of paranoid identity politics in Iraq by parties, such as the Iranian-backed Islamic Supreme Council in Iraq (ISCI), who performed poorly in last January's provincial elections and fear a transition to issues-based politics. However, such a gambit comes at a sensitive moment for the Sunni Arab community in Iraq. Though patiently enduring, the Sons of Iraq are feeling the heat as their U.S. military allies begin to withdraw and anti-U.S. Sunni militants increase their intimidation attacks. Put simply, when viewed from the Sunni Arab perspective, the atmospherics surrounding the imminent campaign period stink — and thus, could foreshadow a larger shift away from participation in the established political process.
If hope is still to trump fear in Iraq's ongoing democratic experiment, the Obama administration should work urgently with the Iraqi political leadership in Baghdad to see that the JAC's legally dubious actions are overturned. While unlikely, such a reversal might be possible should the United States, the United Nations, the Arab League, and responsible Iraqi political leaders continue to apply pressure. Whatever the merits of de-Baathification, Iraq's democratic future should not be held hostage by this blatantly politicized ruling.
http://ping.fm/6qcpR
J. Scott Carpenter and Michael Knights
19 January 2010
Until recently, the Iraqi elections on March 7, 2010 seemed likely to showcase the growing maturity of local democracy and offer the United States a chance to claim some success and, more importantly, a mandate to withdraw troops. The election would mark the third time a peaceful transfer of power from one elected civilian-led government to another has occurred since January 2005. The electoral system guaranteed a healthy connection between candidates and local constituencies, the formation of a manageable half dozen major coalitions represented a good balance of nationalist and ethno-sectarian platforms, and it was clear that a future government could only be formed by forging a diverse cross-sectarian and multi-ethnic alliance. So what's the worry?
The key threat to the success of Iraq's upcoming election stems from a decision by the Justice and Accountability Commission (JAC), the successor organization to the deeply politicized De-Baathification Commission. On Jan. 7, the JAC, chaired by Ali Faysal al-Lami, a political ally of Ahmed Chalabi and a current candidate on Chalabi's Iraqi National Congress list for parliament, announced that it was seeking the exclusion of 500 primarily Sunni Arab candidates and 15 political lists from the elections due to their alleged connections to the banned Baath party. Following the commission's ruling, despite the questionable legality of its actions, neither the legislature nor the executive branch leadership have taken steps to quash this inflammatory decision.
Hopes for reversing the JAC's move now fall to a special judicial commission appointed just days ago by the legislature. The names of the appointed judges remain a secret. While the government claims that this is for their personal security, it also reflects the lack of transparency with which the Iraqi government has approached this issue.
The ban will mainly affect candidates from the Iraqiyya coalition, a cross-sectarian alliance dominated by secular nationalists and led by Iyad Alllawi, the first Iraqi prime minister of the post-Saddam era. Saleh Mutlaq, one of the three most senior leaders in the coalition, was among the candidates struck from the ballot — along with all candidates from his party, the Iraqi Front for National Dialogue. Wathab Shakir, the Sunni Arab head of the national reconciliation committee, was also banned, alongside numerous candidates of the Unity of Iraq coalition, another cross-sectarian nationalist alliance.
Even if the decision is overturned, damage has already been done. The exclusion of Sunni Arab candidates has coincided with other factors that are reducing public confidence in the success of the elections. Al Qaeda in Iraq continues to plan and undertake mass casualty attacks against government and civilian targets, fueling sectarian distrust and the risk of heavy-handed responses by the predominantly Shiite security force in Baghdad.
On Jan. 12, all movement in Baghdad was abruptly curtailed as the city went into lockdown as a result of a newly-foiled terrorist plot against key ministries. The reaction to this incident — pervasive rumors concerning an attempted neo-Baathist military coup — was significant. The rumors were magnified by various military parades and U.S. overflights that attended the Iraqi Armed Forces anniversary, which were misconstrued by a wary Baghdad populace. By manipulating well-justified cultural and historical fears, the Shiite sectarian parties have also stoked fears of a "Baathist return" as part of their election strategy. These concerns have not been effectively assuaged by the United States and its allies. For example, there was insufficient explanation following the Jan. 8 statement by John Jenkins, the British ambassador to Iraq, warning of a future coup.
Given the makeup of today's Iraqi military — the vast majority of its leadership are Shiite Arabs or Kurds — a neo-Baathist coup remains highly unlikely. The political exploitation of such rumors may therefore reflect the nurturing of paranoid identity politics in Iraq by parties, such as the Iranian-backed Islamic Supreme Council in Iraq (ISCI), who performed poorly in last January's provincial elections and fear a transition to issues-based politics. However, such a gambit comes at a sensitive moment for the Sunni Arab community in Iraq. Though patiently enduring, the Sons of Iraq are feeling the heat as their U.S. military allies begin to withdraw and anti-U.S. Sunni militants increase their intimidation attacks. Put simply, when viewed from the Sunni Arab perspective, the atmospherics surrounding the imminent campaign period stink — and thus, could foreshadow a larger shift away from participation in the established political process.
If hope is still to trump fear in Iraq's ongoing democratic experiment, the Obama administration should work urgently with the Iraqi political leadership in Baghdad to see that the JAC's legally dubious actions are overturned. While unlikely, such a reversal might be possible should the United States, the United Nations, the Arab League, and responsible Iraqi political leaders continue to apply pressure. Whatever the merits of de-Baathification, Iraq's democratic future should not be held hostage by this blatantly politicized ruling.
15 January 2010
City's new £13.4m peace project will bridge the divide (Belfast Telegraph)
City's new £13.4m peace project will bridge the divide
Brendan McDaid (Belfast Telegraph)
15 January 2010
Londonderry's new Peace Bridge will be the beacon of economic renewal and an iconic symbol of a new, united Northern Ireland, business and political leaders have said.
Dignitaries, business figures, political leaders and cross-community groups gathered at the Waterfoot Hotel for the launch of the construction phase of the new £13.4 million project yesterday.
Deputy First Minister Martin McGuinness returned to his native city to turn the first sod before the diggers moved in. The bridge will link traditionally divided communities at the former Army barracks at Ebrington on the east bank with the city centre at Guildhall Square on the west bank.
Mr McGuinness said: "It is my sincere hope that the new bridge will be a catalyst for change and will help transform this city and the local community in the widest sense.
"It represents a real opportunity to improve relationships by transcending the physical divide of the river which, for so long, has been viewed as a boundary between the Waterside and the city side.
"It will bring Ebrington into shared, public use for the first time in almost 170 years. Most importantly, it will enable the local community to reclaim this prime riverside location for their own enjoyment."
The Peace Bridge will measure 235 metres. The S-shaped construction, the largest single regeneration project in Derry since the Foyle Bridge was built 30 years ago, will be white with two vertical wings jutting into the sky on opposite sides near the centre.
It will be the third bridge to cross the River Foyle and has been given £13,343,476 from the European Union's PEACE III Programme managed by the Special EU Programmes Body (SEUPB).
Pat Colgan, chief executive of SEUPB, said: "This event marks a key milestone in the development of the Peace Bridge, a truly iconic project which has become a reality through the assistance of European funding."
Ilex chairman Sir Roy McNulty said a time capsule will be buried on completion of the project in December 2010.
Brendan McDaid (Belfast Telegraph)
15 January 2010
Londonderry's new Peace Bridge will be the beacon of economic renewal and an iconic symbol of a new, united Northern Ireland, business and political leaders have said.
Dignitaries, business figures, political leaders and cross-community groups gathered at the Waterfoot Hotel for the launch of the construction phase of the new £13.4 million project yesterday.
Deputy First Minister Martin McGuinness returned to his native city to turn the first sod before the diggers moved in. The bridge will link traditionally divided communities at the former Army barracks at Ebrington on the east bank with the city centre at Guildhall Square on the west bank.
Mr McGuinness said: "It is my sincere hope that the new bridge will be a catalyst for change and will help transform this city and the local community in the widest sense.
"It represents a real opportunity to improve relationships by transcending the physical divide of the river which, for so long, has been viewed as a boundary between the Waterside and the city side.
"It will bring Ebrington into shared, public use for the first time in almost 170 years. Most importantly, it will enable the local community to reclaim this prime riverside location for their own enjoyment."
The Peace Bridge will measure 235 metres. The S-shaped construction, the largest single regeneration project in Derry since the Foyle Bridge was built 30 years ago, will be white with two vertical wings jutting into the sky on opposite sides near the centre.
It will be the third bridge to cross the River Foyle and has been given £13,343,476 from the European Union's PEACE III Programme managed by the Special EU Programmes Body (SEUPB).
Pat Colgan, chief executive of SEUPB, said: "This event marks a key milestone in the development of the Peace Bridge, a truly iconic project which has become a reality through the assistance of European funding."
Ilex chairman Sir Roy McNulty said a time capsule will be buried on completion of the project in December 2010.
Subscribe to:
Posts (Atom)
