20 European Security and Defence Policy:
EULEX Kosovo
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| Council Joint Action amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
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| Legal base | Articles 14 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 21 May 2009
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| Previous Committee Report | None; but see (29379) — and (29380) — : HC 16-x (2007-08), chapter 10 (30 January 2008)
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| To be discussed in Council | 9 June Economic and Financial Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
20.1 On 30 January 2008, the Committee cleared two Joint Actions:
— establishing
a European Security and Defence Policy crisis management operation
in the field of rule of law in Kosovo; and
— on the appointment and mandate of the
European Union's Special Representative in Kosovo.
20.2 The Committee's report set out the background
in some detail.[97] First
came the UN Mission in Kosovo (UNMIK): according to its website,
a UN undertaking "unprecedented in both its scope and structural
complexity", unique in that "other multilateral organizations
were full partners under United Nations leadership" and based
on UN Security Council in Security Council Resolution 1244 of
10 June 1999, which "authorized
the Secretary-General to establish in the war-ravaged province
of Kosovo an interim civilian administration led by the United
Nations under which its people could progressively enjoy substantial
autonomy".
20.3 Working closely with Kosovo's leaders and people,
the mission performed the whole spectrum of essential administrative
functions and services covering such areas as health and education,
banking and finance, post and telecommunications, and law and
order, grouped under four Pillars:
- Pillar I: Police and Justice,
under the direct leadership of the United Nations;
- Pillar II: Civil Administration, under the direct
leadership of the United Nations;
- Pillar III: Democratization and Institution Building,
led by the Organization for Security and Co-operation in Europe
(OSCE);
- Pillar IV: Reconstruction and Economic Development,
led by the European Union.
20.4 The head of UNMIK was the Special Representative
of the Secretary-General for Kosovo; as the most senior international
civilian official in Kosovo, he presided over the work of the
pillars and facilitated the political process designed to determine
Kosovo's future status.
20.5 In November 2005, a process to determine the
future status of Kosovo, pursuant to UNSCR 1244, was launched
with the appointment of the UN Status Envoy, former President
of Finland Martti Ahtisaari; though the United Nations would remain
fully engaged in Kosovo until the end of UNSCR 1244, it indicated
that it would no longer take the lead in a post-Status presence.
20.6 In June 2005, the European Council "stressed
that Kosovo would, in the medium term, continue to need a civilian
and military presence to ensure security and in particular protection
for minorities, to help with the continuing implementation of
standards and to exercise appropriate supervision of compliance
with the provisions contained in the status agreement", and
its willingness to play a full part, in close cooperation with
the relevant partners and international organisations.
20.7 The Stabilisation and Association Process (SAP)
is the strategic framework for the EU's policy towards the Western
Balkan region; its instruments are open to Kosovo, including a
European Partnership, with political and technical dialogue under
the SAP Tracking Mechanism regarding, inter alia, standards in
the field of rule of law, and related Community assistance programmes.
20.8 In November 2007, an EU planning process got
underway, based on the Council's desire to normalise the EU's
relations with Kosovo as far as possible by using all the instruments
available within the SAP, and which envisaged the creation and
deployment of an integrated EU mission in the areas of rule of
law and police.
20.9 Against this same background, the EU also established
the International Civilian Office/EU Special Representative Preparation
Team (ICO/EUSR Preparation Team), to contribute to preparations
for the establishment of the International Civilian Mission in
Kosovo.
20.10 In a letter to us of 17 July 2007, the then
Minister for Europe at the Foreign and Commonwealth Office (Mr
Jim Murphy) reported that planning for the international civilian
presences in Kosovo continued to proceed on the basis of the Special
Envoy's proposals, "which provide for independence for Kosovo,
supervised by the international community". He described
the main elements of the proposed overall settlement and said
that they struck "the right balance between recognising the
aspirations of the vast majority of Kosovo's population who want
independence, whilst providing extensive and effective safeguards
and reassurances to Kosovo's non-Albanian communities, notably
the Kosovo Serbs".
20.11 All in all, he described the Ahtisaari proposals
as "rigorous oversight and enforcement by the international
civilian and military presences", consisting of:
— an
International Civilian Office, responsible for ensuring settlement
implementation and headed up by an International Civilian Representative,
double-hatted as the EU Special Representative;
— a European Security and Defence Policy
(ESDP) mission responsible for policing and rule of law;
— an OSCE mission to support Kosovo's democratic
transition; and
— an international military presence provided
by NATO's 16,000-strong Kosovo Force (KFOR).
20.12 To ensure the effectiveness of this complex
international set-up, the International Civilian Representative
(ICR) would be given an overall co-ordinating role, chairing a
Co-ordination Committee comprising the Head of the international
military presence, the Head of the ESDP mission and the Head of
the OSCE mission. The ICR would be appointed by, and report to,
an International Steering Group (envisaged as comprising the countries
of the Balkans Contact Group, viz., France, Germany, Italy, Russia,
UK and US); the ICR International Civilian Representative might
also be required to report to the UN Security Council.
20.13 In Kosovo the ICR was to have overall responsibility
for the implementation of the settlement and for upholding its
provisions, and would be the final authority in Kosovo regarding
interpretation of the settlement. That said, the then Minister's
expectation was that the day to day business of government would
be conducted by the Kosovo government, not the International Civilian
Representative.
20.14 The ICR would also be double-hatted as the
EU Special Representative to further enhance international coherence.
The then Minister said that this arrangement would not impact
on the EU's autonomy — the two roles would remain distinct
even if held by the same person; the European Commission presence
in Kosovo would have a separate Head of Office, distinct from
the EU Special Representative. The EU Special Representative would
be appointed by and accountable to the Council, reporting to it
through Secretary General/High Representative Solana and receiving
strategic guidance and political input from the Political and
Security Committee. The EU Special Representative would have a
distinct role from that of the ICR, which would include providing
political guidance to the Head of the ESDP mission, offering the
EU's advice and support to Kosovo's political development, ensuring
the effectiveness of the EU's role in the international presence,
and contributing to the development and consolidation of respect
for human rights.[98]
The Joint Actions
20.15 In his first 28 January 2008 Explanatory Memorandum,
the then Minister for Europe said that the role of this civilian
mission would be "to assist the Kosovo authorities, judiciary
and law enforcement agencies as they develop and strengthen a
multi-ethnic rule of law sector that is free from political interference
and adhering to international standards and European best practices."
Its tasks would include:
— "monitoring,
mentoring and advising Kosovo institutions on all areas related
to the rule of law, including customs, whilst holding certain
executive responsibilities;
— "ensuring the maintenance and promotion
of the rule of law, public order and security;
— "helping ensure that all Kosovo
rule of law services are free from political interference;
— "ensuring that cases of war crimes,
terrorism, organised crime, corruption, inter-ethnic crimes, financial/economic
crimes and other serious crimes are properly investigated, prosecuted,
adjudicated and enforced, according to the applicable law;
— "strengthening co-operation and
co-ordination throughout the whole judicial process, particularly
in the area of organised crime."
20.16 The second Joint Action appointed Mr Pieter
Feith as the EU Special Representative in Kosovo and set out his
mandate. This was, the then Minister said in a second 28 January
2008 Explanatory Memorandum, "based on the objective of securing
a stable, viable, peaceful and multi-ethnic Kosovo, which will
contribute to regional stability"; his tasks would "include
being the channel for the EU's advice and support to the political
process, promoting EU political coordination in Kosovo, ensuring
a coherent public message, and contributing to the consolidation
of human rights and fundamental freedoms in Kosovo."
20.17 The then Minister said that it was important
that the EU should play a leading role in strengthening stability
in the Western Balkans, as agreed by the European Council on 14
December 2007, when "the Council agreed with the UN Secretary-General
that the status quo in Kosovo is unsustainable, and made clear
the EU's readiness to assist Kosovo on the path towards stability,
including through an ESDP mission." He said that:
— the
mission would focus on local ownership and capacity building,
through mentoring, monitoring and advising the Kosovars; be the
largest civilian mission to date, with 2200 international civilians;
and advance the goal of a stable, viable, peaceful, democratic,
multi-ethnic Kosovo, contributing to regional cooperation and
stability and committed to the rule of law and to the protection
of minorities;
— the requirement for a military presence
to act as external security guarantor would continue to be met
by NATO;
— funding for Common Costs (Mission Headquarters,
in-country transport, office equipment etc) would be met from
the Common Foreign and Security Policy budget, to which the UK
currently contributed approximately 17%; the estimated budget
for the first 12 months was €162 million, meaning that the
UK would contribute approximately €28 million;
— the UK would contribute up to 85 personnel,
with these positions to be funded from the Whitehall Peacekeeping
Budget, which was a call on the Treasury's central contingency
reserve.
20.18 The Minister also welcomed the appointment
of Mr Feith and his mandate, explaining that Mr Feith had a long
track record of crisis management in both NATO and the European
Union; had been closely involved with Kosovo since he was a senior
policy official in the NATO International Secretariat in the late
90s; had headed the successful EU-led Aceh Monitoring Mission
in 2005 and 2006; and in 2007 was appointed Director of the EU's
Civilian Planning and Conduct Capability and the Civilian Operation
Commander for the civilian ESDP missions — he was thus very
well placed to provide strategic policy leadership to the international
community effort in Kosovo and to work closely with the NATO and
EU missions there.
20.19 The Minister noted that:
— the
budget of €380,000 for Common Costs will met from the Common
Foreign and Security Policy budget (meaning the UK would contribute
€65,000);
— the UK planned to contribute up to five
people to the ICR's Office, the funding for which would also come
from the Whitehall Peacekeeping Budget.
20.20 Finally, he said that no date had yet been
set for agreement of either Joint Action.
20.21 Conscious of the sensitivities and political
complexities surrounding the situation in Kosovo, the Committee
appreciated why the Minister had brought the Joint Actions forward
for scrutiny with no date for their implementation. We accordingly
cleared the documents.
20.22 In so doing, we asked the then Minister to
write to us again, once the decisions were implemented,
— with
the final versions of the Joint Actions, to include details of
precisely what had been deployed and from which Member States,
together with information on any significant changes to either
mandate and the final estimated costs of the first year's operation;
— a description of the precise circumstances
in which deployment had taken place; and
— the legal basis thereof, as the Minister
said nothing about how it related to UN Security Council Resolution
1244 of 10 June 1999.[99]
The Joint Action
20.23 The Joint Action establishing the mission in
2008 provided funding until June 2009. This Joint Action provides
funding for the European Union Rule of Law Mission to Kosovo (EULEX
Kosovo) until the end of mandate in June 2010.
The Government's view
20.24 In
her Explanatory Memorandum of 21
May 2009 the Minister for Europe at the Foreign and Commonwealth
Office (Caroline Flint) says that EULEX Kosovo assumed the lead
on rule of law issues from UNMIK, became operational on 9 December
2008 and declared full operational capability on 6 April 2009.
20.25 She confirms that EULEX Kosovo is the largest
civilian European Security and Defence Policy (ESDP) mission with
over 1700 international staff deployed across Kosovo. The Minister
says that the mission monitors, mentors and advises Kosovo institutions
on all areas related to rule of law including police, judiciary,
penitentiary and customs, "with certain executive responsibilities
(notably on war crimes, organised crime and terrorism)" and
"supports the Kosovo institutions, judicial authorities,
and law enforcement agencies in developing sustainability and
accountability, ensuring multi-ethnic systems and services that
are free from political interference." The Minister describes
EULEX Judges and Prosecutors as "participating in court hearings
and trials, both advising counterparts and under executive powers",
noting that they have issued verdicts in two war crimes trials.
She also notes that:
— the
Office of Missing Persons continues to identify and return remains.
— EULEX Police and Customs officials are
supporting Kosovan officials throughout Kosovo.
— the customs unit have extended their
presence in northern Kosovo with a 24/7 presence at Gates 1 and
31 on the border with Serbia, leading to a reduction in smuggling
(particularly oil).
— the mission is increasing the police
presence in northern Kosovo and has acted successfully as second
responder to the Kosovo Police Service in recent riots in North
Kosovo, in co-ordination with KFOR (the NATO force in Kosovo).
— the mission is establishing a liaison
office in Belgrade to facilitate dialogue with Serbia.
20.26 The Minister also notes that the UK reduced
its contingent from 62 to 32 seconded staff in April following
a reduction in the level of funding available to second staff
to European Security and Defence Policy missions in the financial
year's budget (the Minister recalls a Written Ministerial Statement
of 25 March 2009), but says that "the UK still retains secondees
in key positions in the mission, for example the Deputy Head of
Mission, Chief Reporting Officer and in the justice section."
20.27 The Minister goes on to welcome EULEX's deployment
throughout Kosovo and its declaration of full operational capability.
She says that the mission "has successfully taken over the
lead on rule of law issues from UNMIK, and the transition phase
took place without destabilisation of the security situation in
Kosovo", and that "EULEX is co-ordinating with all rule
of law actors in Kosovo, and developing contacts with international
organisations."
20.28 With regard to the new financial reference
amount, the Minister says that:
—
the budget will be €100 million for 2009 and €45 million
reserved for January — June from the 2010 budget, giving
a total of €145 million until the expiry of the mission's
mandate on 14 June 2010;
— the UK's 17% contribution is an
estimated €24.7 million (£22 million);
— the UK's 32 secondees in the mission
will be funded through the Tri-departmental (FCO, MOD and DfID)
Conflict Prevention Pool.
20.29 Finally, the Minister confirms that the requirement
for a military presence to act as external security guarantor
will continue to be met by NATO.
Conclusion
20.30 Although we have no questions on this extension
per se, and accordingly clear the document, we are reporting
it to the House because of the political context surrounding EULEX
KOSOVO's deployment and operation.
20.31 It was this political context that caused
us to ask in January 2008 for the further information outlined
in paragraph 0.22 above. It appears that neither the Minister
nor her predecessor has yet responded to that request. We therefore
ask her now to do so, and to explain why it has not been provided
sooner.
97 See headnote: (29379) - and (29380) - HC 16-x (2007-08),
chapter 10 (30 January 2008). Back
98
Reported to the House in July 2007; see (28744) - and (28745)
- : HC 41-xxx (2006-07), chapter 6 (11 July 2007) and HC 41-xxxii
(2006-07), chapter 10 (25 July 2007). Back
99
See headnote: see (29379) - and (29380) - HC 16-x (2007-08), chapter
10 (30 January 2008). Back
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