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Dirty Water, Ailing Communities: The Problem of Post-Conflict Reconstruction Muddied by Corruption James F. Albrecht Former Former Head of EULEX Police.

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Presentation on theme: "Dirty Water, Ailing Communities: The Problem of Post-Conflict Reconstruction Muddied by Corruption James F. Albrecht Former Former Head of EULEX Police."— Presentation transcript:

1 Dirty Water, Ailing Communities: The Problem of Post-Conflict Reconstruction Muddied by Corruption James F. Albrecht Former Former Head of EULEX Police Executive Department ( Chief of Criminal Investigations) Professor, Pace University

2 Overview Post Conflict Reconstruction and Democratization is often coordinated and financed by the International Community Post Conflict Reconstruction and Democratization is often coordinated and financed by the International Community The Predominant collaborator is the United Nations with the European Union and the United States often playing major roles The Predominant collaborator is the United Nations with the European Union and the United States often playing major roles Other relevant actors include NATO, the African Union, the League of Arab States, Russia, China and Australia Other relevant actors include NATO, the African Union, the League of Arab States, Russia, China and Australia Major Resource Commitments and Financial Contributions are Needed Major Resource Commitments and Financial Contributions are Needed Implementing Western Oriented Democratic Practices has proven to be Challenging Implementing Western Oriented Democratic Practices has proven to be Challenging

3 Post Conflict & Former Eastern Bloc Countries Most Post Conflict and Former Eastern Bloc Nations have looked to the West for Assistance Most Post Conflict and Former Eastern Bloc Nations have looked to the West for Assistance Since the West is most familiar with the “freely elected Democratic” system, this tends to be the model that is often planned for implementation Since the West is most familiar with the “freely elected Democratic” system, this tends to be the model that is often planned for implementation However, the “Cookie Cutter” approach takes time and major reforms are often needed However, the “Cookie Cutter” approach takes time and major reforms are often needed Local cultural norms and ideological beliefs and practices are routinely “revised” by the International Actors Local cultural norms and ideological beliefs and practices are routinely “revised” by the International Actors The former practices involving Corruption and Nepotism have proven difficult to dispel The former practices involving Corruption and Nepotism have proven difficult to dispel

4 Kosovo: Historical Overview Yugoslavian States sought independence after the “Fall of Communism” in 1990s Yugoslavian States sought independence after the “Fall of Communism” in 1990s Independence Wars break out based on ethnicity and history Independence Wars break out based on ethnicity and history NATO intervention based on Humanitarian Grounds NATO intervention based on Humanitarian Grounds Essentially Serbia sought to keep states united Essentially Serbia sought to keep states united “New” Independent States were formed “New” Independent States were formed Ethnic Albanian population in Kosovo region of Serbia, who had autonomous governance through 1990 sought self governance Ethnic Albanian population in Kosovo region of Serbia, who had autonomous governance through 1990 sought self governance

5 Kosovo: Historical Overview Serbia had “Serbianized” the Kosovo region by only permitting ethnic Serbian government employment and mandatory Serbian language usage Serbia had “Serbianized” the Kosovo region by only permitting ethnic Serbian government employment and mandatory Serbian language usage Kosovo Liberation Army formed to counter this movement Kosovo Liberation Army formed to counter this movement 1998-1999 War between Serbia and Ethnic Albanians in Kosovo ends with NATO and UN intervention 1998-1999 War between Serbia and Ethnic Albanians in Kosovo ends with NATO and UN intervention Kosovo region becomes UN Administered area of Serbia with UN Police, Criminal Justice and Government Management Kosovo region becomes UN Administered area of Serbia with UN Police, Criminal Justice and Government Management

6 Kosovo: Historical Overview Local Government and Criminal Justice Officials were employed under close UN supervision and advisement Local Government and Criminal Justice Officials were employed under close UN supervision and advisement Most Government and Police Leaders were former KLA commanders Most Government and Police Leaders were former KLA commanders Nepotism played the predominant role in the hiring and promotion of Criminal Justice and Government Actors Nepotism played the predominant role in the hiring and promotion of Criminal Justice and Government Actors Due to a clear gap in criminal justice effectiveness, government leaders quickly moved to direct or indirect involvement in organized crime Due to a clear gap in criminal justice effectiveness, government leaders quickly moved to direct or indirect involvement in organized crime

7 Kosovo: Historical Overview Prosecution of Criminal Actions by Local Officials were routinely controlled by “Intelligence Networks” at all Levels of Government that insured Political Figures were protected and that most major criminal offences, other than those by “competitors” went unaddressed Prosecution of Criminal Actions by Local Officials were routinely controlled by “Intelligence Networks” at all Levels of Government that insured Political Figures were protected and that most major criminal offences, other than those by “competitors” went unaddressed Even with the direct supervision of UN professionals, very few major cases against notable figures were brought forward Even with the direct supervision of UN professionals, very few major cases against notable figures were brought forward In 2007, the Ahtisari Plan called for the scheduled “independence” of Kosovo in line with shift away from UN to EU Supervision In 2007, the Ahtisari Plan called for the scheduled “independence” of Kosovo in line with shift away from UN to EU Supervision In February 2008, the “Republic of Kosovo” declared its independence with little support other than from the USA and most EU countries In February 2008, the “Republic of Kosovo” declared its independence with little support other than from the USA and most EU countries

8 Kosovo & EU Assistance The European Union Rule of Law Mission in Kosovo (EULEX) commenced in December 2008 with the assistance of non-member countries USA, Turkey and Norway The European Union Rule of Law Mission in Kosovo (EULEX) commenced in December 2008 with the assistance of non-member countries USA, Turkey and Norway From late 2007, the UN prepared for transition to EU supervision and stopped most criminal investigations and prosecutions in order to “pack up” operations From late 2007, the UN prepared for transition to EU supervision and stopped most criminal investigations and prosecutions in order to “pack up” operations Confusion about support for the Ahtisari Plan caused confusion and the EULEX mission commenced and remained in disarray Confusion about support for the Ahtisari Plan caused confusion and the EULEX mission commenced and remained in disarray Logistical and Personnel Management was not implemented until late 2009 and continues in a problematic fashion Logistical and Personnel Management was not implemented until late 2009 and continues in a problematic fashion

9 Kosovo: Organized Crime Hub Criminal Justice arrests and prosecutions of high profile actors by EULEX was negligible, permitting Organized Crime and Government Leaders to continue to engage in Criminal Activity, mainly Smuggling and High Level Bribery Criminal Justice arrests and prosecutions of high profile actors by EULEX was negligible, permitting Organized Crime and Government Leaders to continue to engage in Criminal Activity, mainly Smuggling and High Level Bribery Local Legitimate Criminal Justice Actors were under the control of corrupt political leaders and police officials (e.g., Arrest and Prosecution of Police Whistleblower in Gjilan) Local Legitimate Criminal Justice Actors were under the control of corrupt political leaders and police officials (e.g., Arrest and Prosecution of Police Whistleblower in Gjilan) Kosovo remains a main smuggling hub for Illicit Drugs and Human Trafficking Kosovo remains a main smuggling hub for Illicit Drugs and Human Trafficking

10 Kosovo: Slow or Non-Existent Justice Civil Law Justice Model v. Common Law Justice Model Civil Law Justice Model v. Common Law Justice Model Political Appointments of Kosovo Justice Personnel Political Appointments of Kosovo Justice Personnel Inadequate Number of Prosecutors (which further hampers the legal directive that all criminal cases be opened and directed by the prosecutors; presently there is a 30,000+ case backlog and most cases are dismissed due to mandatory time lines) Inadequate Number of Prosecutors (which further hampers the legal directive that all criminal cases be opened and directed by the prosecutors; presently there is a 30,000+ case backlog and most cases are dismissed due to mandatory time lines) (Direct) Political Interference in Police Investigations and in the Courts (Direct) Political Interference in Police Investigations and in the Courts Routine Ethnic Bias in Police Investigations Routine Ethnic Bias in Police Investigations Threats from Organized Crime Groups Threats from Organized Crime Groups Limited Corruption in the Form of Bribery in the Police, but Payoffs occur more often with Judicial Personnel and in Business Deals (Privatization, Procurement, and Tenders) Limited Corruption in the Form of Bribery in the Police, but Payoffs occur more often with Judicial Personnel and in Business Deals (Privatization, Procurement, and Tenders) Reactive (Not Proactive) Policing System Reactive (Not Proactive) Policing System

11 Kosovo: 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

12 Kosovo: 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)

13 Kosovo: Major Organized Crime Concerns 1 – Fuel and Goods Smuggling (to avoid customs fees and taxes) 1 – Fuel and Goods Smuggling (to avoid customs fees and taxes) 2 – Drug Trafficking through Kosovo 2 – Drug 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 – Human Smuggling through Kosovo 3 – Human 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” countriesThe “Asylum Game” often involves individuals from “suspect” countries Sex Trade THB (Ethnic Albanians, Moldovans and Ukrainians)Sex Trade THB (Ethnic Albanians, Moldovans and Ukrainians) 4 – Arms Smuggling within the Balkans 4 – Arms 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 - Illegal and Stolen Vehicle Trading and 5 - Illegal and Stolen Vehicle Trading and Possession Possession No Access to EU and US Vehicle DatabasesNo Access to EU and US Vehicle Databases

14 Kosovo: Major Issues for International Actors National Concerns of some International Actors appear to supersede the Quest for Success for Kosovo, e.g.: National Concerns of some International Actors appear 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 leave (12 weeks vacation and 6 weeks sick time) EU plagued by slow decision making and excessive leave (12 weeks vacation and 6 weeks sick time) International Actors rarely follow up on Financial Investment Expenditures (i.e., millions of Euros and Dollars have disappeared) and Questionable Spending (e.g. Tenders) International Actors rarely follow up on Financial Investment Expenditures (i.e., millions of Euros and Dollars have disappeared) and Questionable Spending (e.g. Tenders) International Community makes many recommendations for improvement but often provides no financial support toward implementation International Community makes many recommendations for improvement but often provides no financial support toward implementation Reports written by International Community members tend to be overly positive and not reflect reality Reports written by International Community members tend to be overly positive and not reflect reality

15 Kosovo: Questions for International Actors Major Questions to be asked: 1) Are International Actors more concerned with Personal and National Interests than in the True Success of Kosovo (or …….Georgia, Kyrgyzstan, Albania, Afghanistan, Iraq, Egypt, Sudan, Libya…..etc)? 1) Are International Actors more concerned with Personal and National Interests than in the True Success of Kosovo (or …….Georgia, Kyrgyzstan, Albania, Afghanistan, Iraq, Egypt, Sudan, Libya…..etc)? 2) Why are International Actors afraid to say that the “king has no clothes” and admit that extensive actions have to be taken to move Kosovo (and other nations) in the right direction? 2) Why are International Actors afraid to say that the “king has no clothes” and admit that extensive actions have to be taken to move Kosovo (and other nations) in the right direction?

16 THANK YOU QUESTIONS? James F. Albrecht Former Former Head of EULEX Police Executive Department ( Chief of Criminal Investigations) Professor, Pace University


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