Dirty Water, Ailing Communities: The Problem ofPost-Conflict Reconstruction

Muddied by Corruption

James F. AlbrechtJames F. Albrecht

Former Former Head of EULEX Police Executive Department (Chief of Criminal Investigations)

Professor, Pace University

OverviewOverview Post Conflict Reconstruction and Post Conflict Reconstruction and

Democratization is often coordinated and Democratization is often coordinated and financed by the International Communityfinanced by the International Community

The Predominant collaborator is the United The Predominant collaborator is the United Nations with the European Union and the Nations with the European Union and the United States often playing major rolesUnited States often playing major roles

Other relevant actors include NATO, the Other relevant actors include NATO, the African Union, the League of Arab States, African Union, the League of Arab States, Russia, China and AustraliaRussia, China and Australia

Major Resource Commitments and Financial Major Resource Commitments and Financial Contributions are NeededContributions are Needed

Implementing Western Oriented Democratic Implementing Western Oriented Democratic Practices has proven to be ChallengingPractices has proven to be Challenging

Post Conflict & Former Eastern Bloc CountriesPost Conflict & Former Eastern Bloc Countries Most Post Conflict and Former Eastern Bloc Most Post Conflict and Former Eastern Bloc

Nations have looked to the West for Nations have looked to the West for AssistanceAssistance

Since the West is most familiar with the Since the West is most familiar with the “freely elected Democratic” system, this “freely elected Democratic” system, this tends to be the model that is often planned tends to be the model that is often planned for implementationfor implementation

However, the “Cookie Cutter” approach takes However, the “Cookie Cutter” approach takes time and major reforms are often neededtime and major reforms are often needed

Local cultural norms and ideological beliefs Local cultural norms and ideological beliefs and practices are routinely “revised” by the and practices are routinely “revised” by the International ActorsInternational Actors

The former practices involving The former practices involving Corruption Corruption and and NepotismNepotism have proven difficult to dispel have proven difficult to dispel

Kosovo: Historical OverviewKosovo: Historical Overview Yugoslavian States sought independence Yugoslavian States sought independence

after the “Fall of Communism” in 1990safter the “Fall of Communism” in 1990s Independence Wars break out based on Independence Wars break out based on

ethnicity and historyethnicity and history NATO intervention based on Humanitarian NATO intervention based on Humanitarian

GroundsGrounds Essentially Serbia sought to keep states Essentially Serbia sought to keep states

unitedunited ““New” Independent States were formedNew” Independent States were formed Ethnic Albanian population in Kosovo region Ethnic Albanian population in Kosovo region

of Serbia, who had autonomous governance of Serbia, who had autonomous governance through 1990 sought self governancethrough 1990 sought self governance

Kosovo: Historical OverviewKosovo: Historical Overview Serbia had “Serbianized” the Kosovo region Serbia had “Serbianized” the Kosovo region

by only permitting ethnic Serbian by only permitting ethnic Serbian government employment and mandatory government employment and mandatory Serbian language usageSerbian language usage

Kosovo Liberation Army formed to counter Kosovo Liberation Army formed to counter this movementthis movement

1998-1999 War between Serbia and Ethnic 1998-1999 War between Serbia and Ethnic Albanians in Kosovo ends with NATO and UN Albanians in Kosovo ends with NATO and UN interventionintervention

Kosovo region becomes UN Administered Kosovo region becomes UN Administered area of Serbia with UN Police, Criminal Justice area of Serbia with UN Police, Criminal Justice and Government Managementand Government Management

Kosovo: Historical OverviewKosovo: Historical Overview Local Government and Criminal Justice Local Government and Criminal Justice

Officials were employed under close UN Officials were employed under close UN supervision and advisementsupervision and advisement

Most Government and Police Leaders were Most Government and Police Leaders were former KLA commandersformer KLA commanders

Nepotism played the predominant role in the Nepotism played the predominant role in the hiring and promotion of Criminal Justice and hiring and promotion of Criminal Justice and Government ActorsGovernment Actors

Due to a clear gap in criminal justice Due to a clear gap in criminal justice effectiveness, government leaders quickly effectiveness, government leaders quickly moved to direct or indirect involvement in moved to direct or indirect involvement in organized crimeorganized crime

Kosovo: Historical OverviewKosovo: Historical Overview Prosecution of Criminal Actions by Local Officials Prosecution of Criminal Actions by Local Officials

were routinely controlled by “Intelligence Networks” were routinely controlled by “Intelligence Networks” at all Levels of Government that insured Political at all Levels of Government that insured Political Figures were protected and that most major criminal Figures were protected and that most major criminal offences, other than those by “competitors” went offences, other than those by “competitors” went unaddressedunaddressed

Even with the direct supervision of UN professionals, Even with the direct supervision of UN professionals, very few major cases against notable figures were very few major cases against notable figures were brought forwardbrought forward

In 2007, the Ahtisari Plan called for the scheduled In 2007, the Ahtisari Plan called for the scheduled “independence” of Kosovo in line with shift away “independence” of Kosovo in line with shift away from UN to EU Supervisionfrom UN to EU Supervision

In February 2008, the “Republic of Kosovo” declared In February 2008, the “Republic of Kosovo” declared its independence with little support other than from its independence with little support other than from the USA and most EU countriesthe USA and most EU countries

Kosovo & EU AssistanceKosovo & EU Assistance The European Union Rule of Law Mission in Kosovo The European Union Rule of Law Mission in Kosovo

(EULEX) commenced in December 2008 with the (EULEX) commenced in December 2008 with the assistance of non-member countries USA, Turkey and assistance of non-member countries USA, Turkey and NorwayNorway

From late 2007, the UN prepared for transition to EU From late 2007, the UN prepared for transition to EU supervision and stopped most criminal investigations supervision and stopped most criminal investigations and prosecutions in order to “pack up” operationsand prosecutions in order to “pack up” operations

Confusion about support for the Ahtisari Plan caused Confusion about support for the Ahtisari Plan caused confusion and the EULEX mission commenced and confusion and the EULEX mission commenced and remained in disarrayremained in disarray

Logistical and Personnel Management was not Logistical and Personnel Management was not implemented until late 2009 and continues in a implemented until late 2009 and continues in a problematic fashionproblematic fashion

Kosovo: Organized Crime HubKosovo: Organized Crime Hub Criminal Justice arrests and prosecutions of Criminal Justice arrests and prosecutions of

high profile actors by EULEX was negligible, high profile actors by EULEX was negligible, permitting Organized Crime and Government permitting Organized Crime and Government Leaders to continue to engage in Criminal Leaders to continue to engage in Criminal Activity, mainly Smuggling and High Level Activity, mainly Smuggling and High Level BriberyBribery

Local Legitimate Criminal Justice Actors were Local Legitimate Criminal Justice Actors were under the control of corrupt political leaders under the control of corrupt political leaders and police officials (e.g., Arrest and and police officials (e.g., Arrest and Prosecution of Police Whistleblower in Gjilan)Prosecution of Police Whistleblower in Gjilan)

Kosovo remains a main smuggling hub for Kosovo remains a main smuggling hub for Illicit Drugs and Human Trafficking Illicit Drugs and Human Trafficking

Kosovo: Slow or Non-Existent JusticeKosovo: Slow or Non-Existent Justice Civil Law Justice Model v. Common Law Justice ModelCivil Law Justice Model v. Common Law Justice Model Political Appointments of Kosovo Justice PersonnelPolitical Appointments of Kosovo Justice Personnel Inadequate Number of Prosecutors (which further Inadequate Number of Prosecutors (which further

hampers the legal directive that all criminal cases be hampers the legal directive that all criminal cases be opened and directed by the prosecutors; presently opened and directed by the prosecutors; presently there is a 30,000+ case backlog and most cases are there is a 30,000+ case backlog and most cases are dismissed due to mandatory time lines)dismissed due to mandatory time lines)

(Direct) Political Interference in Police Investigations (Direct) Political Interference in Police Investigations and in the Courtsand in the Courts

Routine Ethnic Bias in Police InvestigationsRoutine Ethnic Bias in Police Investigations Threats from Organized Crime GroupsThreats from Organized Crime Groups Limited Corruption in the Form of Bribery in the Limited Corruption in the Form of Bribery in the

Police, but Payoffs occur more often with Judicial Police, but Payoffs occur more often with Judicial Personnel and in Business Deals (Privatization, Personnel and in Business Deals (Privatization, Procurement, and Tenders)Procurement, and Tenders)

Reactive (Not Proactive) Policing SystemReactive (Not Proactive) Policing System

Kosovo: Local Crime & Safety ConcernsKosovo: Local Crime & Safety Concerns Kosovo Politicians were mainly elected due to their

involvement in the 1998-99 liberation war Most Politicians were KLA commanders that are War

Crimes Suspects in atrocious acts being investigated by the ICTY and EULEX Police

Most Politicians also are directly involved in OC activities and are financially supported by Corruption/Bribery Payments received through Family members strategically placed in positions dealing with Procurement

Kosovo Police and police investigations are essentially controlled by the ruling PDK party (or the LDK party in the west) with direct interference into who is investigated and who is prosecuted

Most Kosovo Police Command Staff in Key Positions are “Party Loyalists;” Prime Minister fired last “politically neutral” Police Chief in August 2011

Kosovo: Local Crime & Safety ConcernsKosovo: Local Crime & Safety Concerns Index Crime Rate in Kosovo is relatively low compared

to EU and US rates Crime has been declining each year (approximately -

5% annually) Murders and Assaults revolve mainly around property

disputes, debt, drunken disputes, or OC activity (extortion or “hits”)

Kosovo is a major transfer point for all forms of OC Continues to be a location where extremist radicals

meet due to lack of local police attention and porous borders (simple criminal charges of illegal border crossings and easy asylum requests)

Traffic Control and Safety are Major Concerns North Mitrovica – “OC No Man’s Land” run by Serbian

radical politicians with the support of corrupt Police Officials

Limited Timely Intelligence and Information Exchange between Agencies (Kosovo Police, NATO, and EULEX)

Kosovo: Major Organized Crime ConcernsKosovo: Major Organized Crime Concerns 1 – 1 – Fuel and Goods SmugglingFuel and Goods Smuggling (to avoid customs fees (to avoid customs fees

and taxes) and taxes) 2 – 2 – Drug Trafficking through KosovoDrug Trafficking through Kosovo

• Heroin (from Middle East through Turkey, Greece and Macedonia)Heroin (from Middle East through Turkey, Greece and Macedonia)• Cocaine (from South America through Albania)Cocaine (from South America through Albania)• Marijuana (Home Grown and from Albania)Marijuana (Home Grown and from Albania)

3 – 3 – Human Smuggling through KosovoHuman Smuggling through Kosovo• Local Population fleeing to EU States (Counterfeit Travel Documents)Local Population fleeing to EU States (Counterfeit Travel Documents)• The “Asylum Game” often involves individuals from “suspect” The “Asylum Game” often involves individuals from “suspect”

countries countries • Sex Trade THB (Ethnic Albanians, Moldovans and Ukrainians)Sex Trade THB (Ethnic Albanians, Moldovans and Ukrainians)

4 – 4 – Arms Smuggling within the BalkansArms Smuggling within the Balkans• Gnjilane-Preshevo (into Serbia) RouteGnjilane-Preshevo (into Serbia) Route• Prizren-Tetovo (into and from FYROM) RoutePrizren-Tetovo (into and from FYROM) Route

5 - 5 - Illegal and Stolen Vehicle Trading and Illegal and Stolen Vehicle Trading and PossessionPossession

• No Access to EU and US Vehicle DatabasesNo Access to EU and US Vehicle Databases

Kosovo: Major Issues for International ActorsKosovo: Major Issues for International Actors National Concerns of some International Actors appear National Concerns of some International Actors appear

to supersede the Quest for Success for Kosovo, e.g.:to supersede the Quest for Success for Kosovo, e.g.:• US & UK Emphasis revolves around gathering terrorism intelligenceUS & UK Emphasis revolves around gathering terrorism intelligence• Turkey supportive of the welfare of ethnic Turkish populationTurkey supportive of the welfare of ethnic Turkish population• Italy concerned with Smuggling and Financial CrimesItaly concerned with Smuggling and Financial Crimes• Arab States promote expansion of IslamArab States promote expansion of Islam

EU plagued by slow decision making and excessive EU plagued by slow decision making and excessive leave (12 weeks vacation and 6 weeks sick time)leave (12 weeks vacation and 6 weeks sick time)

International Actors rarely follow up on Financial International Actors rarely follow up on Financial Investment Expenditures (i.e., millions of Euros and Investment Expenditures (i.e., millions of Euros and Dollars have disappeared) and Questionable Spending Dollars have disappeared) and Questionable Spending (e.g. Tenders)(e.g. Tenders)

International Community makes many International Community makes many recommendations for improvement but often provides recommendations for improvement but often provides no financial support toward implementationno financial support toward implementation

Reports written by International Community members Reports written by International Community members tend to be overly positive and not reflect realitytend to be overly positive and not reflect reality

Kosovo: Questions for International ActorsKosovo: Questions for International Actors

Major Questions to be asked:Major Questions to be asked:

1) 1) Are International Actors more concerned with Are International Actors more concerned with Personal and National Interests than in the True Personal and National Interests than in the True Success of Kosovo (or …….Georgia, Kyrgyzstan, Success of Kosovo (or …….Georgia, Kyrgyzstan, Albania, Afghanistan, Iraq, Egypt, Sudan, Albania, Afghanistan, Iraq, Egypt, Sudan, Libya…..etc)?Libya…..etc)?

2)2) Why are International Actors afraid to say that Why are International Actors afraid to say that the “king has no clothes” and admit that the “king has no clothes” and admit that extensive actions have to be taken to move extensive actions have to be taken to move Kosovo (and other nations) in the right direction?Kosovo (and other nations) in the right direction?

THANK YOUTHANK YOU

QUESTIONS?QUESTIONS?

James F. AlbrechtJames F. AlbrechtFormer Former Head of EULEX Police Executive

Department (Chief of Criminal Investigations)

Professor, Pace University