7 EU Special Representative for Kosovo
| Committee's assessment
| Politically important |
| Committee's decision | Not cleared from scrutiny; further information requested
|
| Document details | Council Decision extending the mandate of the EU Special Representative in Kosovo
|
| Legal base | Articles 31 (2) and 33 TEU; QMV
|
| Department
Document number
| Foreign and Commonwealth Office
(36626), —
|
Summary and Committee's conclusions
7.1 This Council Decision renews the mandate and budget of Samuel
Žbogar as EU Special Representative (EUSR) in Kosovo for
(the Minister for Europe, Mr David Lidington, expects) a further
eight months, from 28 February 2015 until 31 October 2015. He
will also continue his role as acting as head of the EU Office
in Pristina.
7.2 At the time of the last mandate renewal in June
2014, the Minister illustrated various ways in which Mr Žbogar
(a former Slovene Foreign Minister) had continued to make a positive
contribution in an extremely challenging situation, particularly
with regard to the EU's largest and most longstanding rule-of-law
mission, EULEX Kosovo;[32]
this was especially important at this juncture because EULEX Kosovo
faced a very difficult transition, in which Mr Žbogar would
no doubt continue to play a leading role.
7.3 The proposals for EULEX over the next two years
outlined in that Report emanated from a European Court of Auditors
report and an EEAS Strategic Review: an unwieldy EULEX would be
down-sized, specialising in the areas which would make the most
impact in the next two years; its Executive division — covering
policing and sensitive criminal cases — would remain in
both the north and south of Kosovo, but in a smaller way, while
most of EULEX's current capacity-building activities would be
taken on by Commission-funded project work (reflecting a key recommendation
of the European Court of Auditors' earlier report).
7.4 The Minister explained that some relevant changes
had accordingly been made to the EUSR's mandate (his italics):
to ensure consistency and coherence of Union action in Kosovo,
including in guiding locally the EULEX transition; to support
Kosovo's progress towards the Union, in accordance with the European
perspective of the region, through targeted public communication
and Union outreach activities designed to ensure a broader understanding
and support from the Kosovo public on issues related to the Union,
including the work of EULEX; and to contribute to the
development and consolidation of respect for human rights and
fundamental freedoms in Kosovo, including with regard to women
and children and protection of minorities, in accordance
with the Union's human rights policy and Union Guidelines on Human
Rights.
7.5 Despite his success and the importance of continuity,
the Minister explained why Mr Žbogar's mandate was being
extended only until 28 February 2015, viz., the uncertainty over
the future of the EUSR role per se, in the face of a proposal
by the High Representative to absorb them into the EEAS —
a proposal that the Government was, rightly, resisting, and the
final determination of which had been postponed until a new High
Representative is in post.[33]
7.6 Then, in August 2014, the Minister reported that
that changes in EULEX Kosovo's structure had been agreed along
the lines expected, which would enable it "to reduce in size
intelligently and operate effectively", so as to focus on
capacity-building and security throughout Kosovo, and the implementation
of agreements reached in the Belgrade-Pristina dialogue in the
north; start to phase out its executive functions in the justice
sector as part of a phased handover of responsibility to Kosovo;
and complete its work on ongoing serious cases: Kosovo had agreed,
in principle, to create a special court to hear any trials arising
from EULEX's Special Investigative Taskforce, which has been investigating
the allegations against senior Kosovo political figures in the
2010 Marty Report[34];
and EULEX would have an important role in assisting Kosovo with
the operation of this court.
7.7 As we would be hearing more from the Minister
about Mr Žbogar's role early in 2015, we asked the Minister
to bring us up to date then on how the changes to his mandate
had worked in practice.[35]
7.8 The Minister now illustrates the continuing
importance of the EUSR role and how well Mr Žbogar continues
to fulfil his brief — which is all too the good, given not
only the inherent challenges (which, if mishandled are always
capable of undercutting the welcome progress being made) but also
those posed by the down-sizing and re-focussing of EULEX Kosovo
over the 18 months, and the corruption allegations that have arisen
since the EUSR's mandate was renewed (and about which we expect
shortly to hear from the Minister).[36]
7.9 The EUSR's budget has yet to be fully finalised;
and the eight month duration has yet to be officially confirmed.
Though we would be minded to clear this Council Decision from
scrutiny, we shall continue to retain it under scrutiny pending
confirmation of the length of Mr Žbogar's mandate and receipt
of information about the budget.
Full details of
the document: Council
Decision extending the mandate of the European Union Special Representative
in Kosovo: (36626), —.
Background
7.10 The EU has had a central role in post-conflict
Kosovo: firstly, as part of the UN Interim Administration Mission
in Kosovo, or UNMIK; and latterly, through the EU Special Representative/Head
of the EU Delegation and the EU's largest and most longstanding
civilian ESDP mission, EULEX Kosovo.
7.11 The EUSR's mandate stems from the 14 December
2007 European Council underlining the EU's readiness to play a
leading role in strengthening stability in the Western Balkans,
including by contributing to a European Security and Defence Policy
mission and to an International Civilian Office as part of the
international presence in Kosovo. Joint Action 2008/123/CFSP adopted
on 4 February 2008 established an EU Special Representative for
Kosovo. Kosovo declared independence on 17 February 2008.
7.12 As our earlier Reports detail, until May 2011
the EUSR mandate was combined with that of the International Civilian
Representative (ICR; appointed by an International Steering Group,
of which the UK is a member, and the ultimate supervisory authority
over the implementation of the UN Special Envoy's Comprehensive
Settlement Proposal: Kosovo committed itself to that proposal
as part of its declaration of independence). The ICR had no direct
role in the day to day administration of Kosovo, but retained
strong executive and corrective powers to ensure the successful
overall implementation of the Settlement. The ICR's mandate was
to continue until the ISG determined that Kosovo had implemented
the terms of the Settlement.
7.13 Previous Council Decisions cleared by the Committee:
— ended
that arrangement, leaving the incumbent as the ICR;
— set out a new mandate that combined the
EUSR role with that of heading a new Liaison Office in Belgrade,
which had been set up as part of the EU-sponsored (and UN-endorsed)
Dialogue between Pristina and Belgrade;
— appointed Fernando Gentilini as EUSR
(an Italian diplomat, now a member of the EEAS and closely involved
with the Pristina/Belgrade Dialogue since its inception) until
he became the EEAS Director for the Western Balkans; and
— as of 1 February 2012, appointed Samuel
Žbogar for the position (and thus also as Head of the EU
Office in Pristina).
7.14 The Minister noted that by appointing Mr Žbogar
— a former Slovenian Minister of Foreign Affairs, Ambassador
to the United States and EU Political Director — the EU
would be able to draw on deep knowledge of the region and its
personalities, as well as extensive diplomatic and EU experience,
and send a firm signal of the EU's commitment to Kosovo's European
future.
7.15 In his subsequent Explanatory Memorandum of
12 June 2014, the Minister recalled that, on 24 April 2014, the
then High Representative (Baroness Ashton) had informed Member
States that she did not propose to extend any EUSR mandates expiring
in that year beyond February 2015, in order to allow her successor
the necessary time for follow-up decisions; and therefore proposed
to extend the mandate and budget of Mr Žbogar, as EUSR Kosovo,
only for another eight months. He welcomed the recommendation;
outlined various ways in which Mr Žbogar had added value
to the EU's work in Kosovo; and explained how, to build on these
successes and ensure that the EUSR's work continued to deliver
on UK objectives, a number of changes to the mandate had been
secured in relation to the EU's largest and most longstanding
rule-of-law mission, EULEX Kosovo:[37]
"These include a role for the EUSR in guiding
the transition from EULEX when the mission's renewed mandate expires
in 2016, a very important issue given the expectation that the
EU Office will take on certain responsibilities for monitoring
and assistance. A further change is codifying the EUSR's role
in using public diplomacy to build support for EULEX, which will
continue to be a challenge as EULEX steps up its rule of law work.
"The policy objectives in the proposed mandate
include: playing a leading role in promoting a stable, viable,
peaceful, democratic and multi-ethnic Kosovo; strengthening stability
in the region and contributing to regional cooperation and good
neighbourly relations in the Western Balkans; promoting a Kosovo
that is committed to the rule of law and to the protection of
minorities and of cultural and religious heritage; supporting
Kosovo's progress towards the Union in accordance with the European
perspective of the region and in line with the relevant Council
Conclusions.
"The mandate calls for Mr Žbogar to do
the following (changes italicised):
· "offer
the Union's advice and support in the political process;
· "promote
overall Union political coordination in Kosovo;
· "strengthen
the presence of the Union in Kosovo and ensure its coherence and
effectiveness;
· "provide
local political guidance to the Head of the European Union Rule
of Law Mission in Kosovo (EULEX KOSOVO), including on the political
aspects of issues relating to executive responsibilities;
· "ensure
consistency and coherence of Union action in Kosovo, including
in guiding locally the EULEX transition;
· "support
Kosovo's progress towards the Union, in accordance with the European
perspective of the region, through targeted public communication
and Union outreach activities designed to ensure a broader understanding
and support from the Kosovo public on issues related to the Union,
including the work of EULEX;
· "monitor,
assist and facilitate progress on political, economic and European
priorities, in line with respective institutional competencies
and responsibilities;
· "contribute
to the development and consolidation of respect for human rights
and fundamental freedoms in Kosovo, including with regard to women
and children and protection of minorities, in accordance with
the Union's human rights policy and Union Guidelines on Human
Rights;
· "assist
in the Implementation of the Belgrade-Pristina dialogue facilitated
by the Union".
The draft Council Decision
7.16 In his Explanatory Memorandum of 29 January
2015, the Minister recalls that, against the background outlined
above, the new High Representative, Frederica Mogherini, now proposes
to extend the mandate; that he expects its length to be eight
months, until 31 October 2015; and that he will update the Committee
when this is confirmed.
The Government's view
7.17 The Minister welcomes this recommendation and
remains "fully supportive of the work of the EUSR in Kosovo".
He says that, since his appointment in in December 2011, Mr
Žbogar has used his extensive diplomatic and EU experience
to add value to the EU's work in Kosovo in the following ways:
· "Being
a high profile EU voice in Kosovo supporting the work of the EU
Member State diplomatic representatives, with whom Mr Žbogar
actively coordinates. He is visible, active and well-known throughout
Kosovo, including in the north where he is seen to be representative
of both Kosovo Albanians and Kosovo Serbs;
· "Mr
Žbogar has been playing a key role in enabling Kosovo to
move forward to the next stage of EU integration. He led the EU
Office in Kosovo through effective and speedy negotiations of
the Stabilisation and Association Agreement — Kosovo's first
contractual relationship with the EU — which has now been
initialled;
· "As
an intermediary between Brussels and Kosovo, his positive relationships
with the Serb Mayors in north Kosovo, and the Kosovo government
Minister who leads on the Serbia-Kosovo Dialogue-negotiations,
have helped to encourage progress on the implementation of the
agreements reached in the Serbia-Kosovo Dialogue. This includes
ensuring Kosovo Serb participation, particularly north of the
Ibar, in the local and national elections;
· "Building
important relationships, in particular with Serbs in Kosovo, and
thereby promoting a genuine multi-ethnic approach to building
Kosovo as a country for all communities. Mr Žbogar has maintained
an EUSR/EU Office team in North Mitrovica to engage with, and
listen to, the needs of the Kosovo Serb population;
· "Mr
Žbogar has worked hard to build an effective relationship
with the EU's rule of law mission in Kosovo (EULEX) and given
sound political advice to the EULEX Head of Mission (formerly
Mr Bernd Borchardt and now Mr Gabriele Meucci). They coordinate
activities through their joint chairing of the Joint Rule of Law
Coordination Board, which facilitates a high-level dialogue with
Kosovo government officials on reforming the rule of law in Kosovo
· "To
build on these successes and to ensure that the EUSR's work continues
to deliver on UK objectives, UK officials, with the support of
several like-minded EU Member States, secured a number of changes
to the mandate in relation to EULEX at the last renewal. These
include a role for the EUSR in guiding the transition from EULEX
when the mission's renewed mandate expires in 2016, a very important
issue given the expectation that the EU Office will take on certain
responsibilities for monitoring and assistance. A further change
is codifying the EUSR's role in building support in Kosovo for
EULEX, which will continue to be a challenge as EULEX steps up
its rule of law work. These will be major areas of work in the
coming year."
7.18 The Minister notes that:
— the
policy objectives in the proposed mandate include:
"playing a leading role in promoting a stable,
viable, peaceful, democratic and multi-ethnic Kosovo; strengthening
stability in the region and contributing to regional cooperation
and good neighbourly relations in the Western Balkans; promoting
a Kosovo that is committed to the rule of law and to the protection
of minorities and of cultural and religious heritage; supporting
Kosovo's progress towards the EU in accordance with the European
perspective of the region and in line with the relevant Council
Conclusions"; and
— that
this mandate calls for Mr Žbogar to continue to:
· offer
the EU's advice and support the political process;
· promote
overall EU political coordination in Kosovo;
· strengthen
the presence of the EU in Kosovo and ensure its coherence and
effectiveness;
· provide
local political guidance to the Head of EULEX, including on the
political aspects of issues relating to executive responsibilities;
· ensure
consistency and coherence of EU action in Kosovo within the EU
office/EUSR's office, and guiding locally the EULEX transition;
· support
Kosovo's progress towards the EU, in accordance with the European
perspective of the region, through targeted public communication
and Union outreach activities designed to ensure a broader understanding
and support from the Kosovo public on issues related to the EU,
including the work of EULEX;
· monitor,
assist and facilitate progress on political, economic and European
priorities, in line with respective institutional competencies
and responsibilities;
· contribute
to the development and consolidation of respect for human rights
and fundamental freedoms in Kosovo, including with regard to women
and children and protection of minorities, in accordance with
the EU's human rights policy and EU Guidelines on Human Rights;
and
· assist
in the implementation of the Serbia-Kosovo Dialogue facilitated
by the EU, working closely with local actors, and colleagues in
Belgrade and Brussels to improve coordination and delivery.
7.19 The Minister concludes his comments thus:
"I believe that this new mandate will enable
the EUSR to continue to promote Kosovo's European perspective,
in particular as we hope that Kosovo's SAA with the EU to [sic]
be signed in the coming months."
7.20 With regard to the Financial Implications, the
Minister says:
— he
has yet to receive the draft budget [funded from Heading 4 of
the EU budget, which covers the EU's external spend], but will
examine it in detail on receipt and forward it to the Committee;
and
— in
the meantime, with a scrutiny reserve in place, his officials
have stressed the need for a budget to be circulated as soon as
possible, given that the EUSR's mandate expires on 28 February.
Previous Committee Reports
None, but see (36034), —: Third Report HC
219-iii (2014-15), chapter 11 (18 June 2014) and (36259), —:
Twenty-fifth Report HC 219-xxiv (2014-15), chapter 14 (10 December
2014); also see (33609), —: Fifty-second Report HC 428-xlvii
(2010-12), chapter 24 (18 January 2012); (33170), —: Forty-second
Report HC 428-xxxvii (2010-12), chapter 22 (12 October 2011);
(33066), —: Fortieth Report HC 428-xxxv (2010-12), chapter
13 (7 September 2011); (32738), — and (32590), —:
Twentieth-eighth Report HC 428-xxvi (2010-12), chapter 10 (11
May 2011) and (32590), — (32601), — (32602), —
and (32603), —: Twenty-third Report HC 428-xxi (2010-11),
chapter 4 (23 March 2011); also see (32505), —:
Nineteenth Report HC 428-xvii (2010-11), chapter 12 (16 February
2011).
32 EULEX Kosovo is focused on local ownership and capacity
building, through mentoring, monitoring and advice; aimed at advancing
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. Back
33
See (36034), -: Third Report HC 219-iii (2014-15), chapter 11
(18 June 2014). Back
34
Produced for the Council of Europe by Senator Dick Marty, it alleged
that after the end of hostilities with Serbia in 1999, high-ranking
members of the Kosovo Liberation Army (KLA) had been involved
in the murder of mostly Serbian prisoners, whose organs were then
trafficked. Back
35
See (36259) -: Ninth Report HC 219-ix (2014-15), chapter 43 (3
September 2014). Back
36
See (36259), -: Twenty-fifth Report HC 219-xxiv (2014-15), chapter 14
(10 December 2014) for full background. In essence, on 6 November
2104, the Minister wrote concerning recent allegations of corruption
within EULEX's ranks made by a UK national seconded to EULEX as
a prosecutor, and "secondary allegations" relating to
"EULEX's handling of this issue and of the UK staff member
concerned". He noted that the UK, along with other Member
States, had quickly made it clear to EEAS that a thorough response
was needed, which not only investigated the allegations but also
ensured that public confidence was maintained in EULEX's handling
of such cases. EU High Representative/Vice-President Mogherini
then announced on 10 November that an external investigation would
take place led by Mr. Jean Paul Jacqué, a distinguished
law professor and former Director of the Council Secretariat legal
services, who had been asked to provide a report and recommendations
within four months.
On 10 December 2014, we asked the Minister
to write in two months' time on:
· both the Jacqué investigation
and the others that he anticipated, updating us on how matters
stand and whether they have fulfilled his criteria, viz., a "thorough
response" in terms of independence, timeliness, transparency
and "much-needed external scrutiny";
· the matters affecting UK secondees,
including the UK national seconded to EULEX as a prosecutor who
made the original allegations; and
· the establishment of the special
"out of country" court, which is central to the effective
execution of the remainder of the EULEX mandate and indicative
of the commitment of the Kosovar political establishment to its
work. Back
37
EULEX Kosovo is focused on local ownership and capacity building,
through mentoring, monitoring and advice; aimed at advancing 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. According
to its website:
"EULEX supports Kosovo on its
path to a greater European integration in the rule of law area.
EULEX's skills and expertise are being used to supports the key
EU aims in the visa liberalization process, the Feasibility Study
and the Pristina-Belgrade Dialogue. EULEX also supports the Structured
Dialogue on the rule of law, led by Brussels. EULEX continues
to concentrate on the fight against corruption and works closely
with local counterparts to achieve sustainability and EU best
practices in Kosovo. EULEX prioritises the establishment of the
rule of law in the north"; see http://eulex-kosovo.eu/en/front/
for full information. Back
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