Nations in Transit 2009 - Kosovo
| Publisher | Freedom House |
| Author | Ilir Deda |
| Publication Date | 30 June 2009 |
| Cite as | Freedom House, Nations in Transit 2009 - Kosovo, 30 June 2009, available at: https://www.refworld.org/docid/4a55bb3e37.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
by Ilir Deda
Capital: Pristina
Population: 2.2 million
GNI/capita: n/a
The data above was provided by The World Bank, World Bank Indicators 2009.
Nations in Transit Ratings and Averaged Scores
| Yugoslavia | Kosovo | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1999-2000 | 2001 | 2002 | 2003 | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 | |
| Electoral Process | 5.50 | 4.75 | 3.75 | 3.75 | 5.25 | 4.75 | 4.75 | 4.75 | 4.50 | 4.50 |
| Civil Society | 5.25 | 4.00 | 3.00 | 2.75 | 4.25 | 4.00 | 4.25 | 4.25 | 4.00 | 4.00 |
| Independent Media | 5.75 | 4.50 | 3.50 | 3.25 | 5.50 | 5.50 | 5.50 | 5.50 | 5.50 | 5.50 |
| Governance*5.50 | 5.25 | 4.25 | 4.25 | 6.00 | n/a | n/a | n/a | n/a | n/a | |
| National Democratic Governance | n/a | n/a | n/a | n/a | n/a | 5.75 | 5.75 | 5.75 | 5.50 | 5.25 |
| Local Democratic Governance | n/a | n/a | n/a | n/a | n/a | 5.50 | 5.50 | 5.50 | 5.50 | 5.25 |
| Judicial Framework and Independence | 5.75 | 5.50 | 4.25 | 4.25 | 6.00 | 5.75 | 5.75 | 5.75 | 5.75 | 5.75 |
| Corruption | 6.25 | 6.25 | 5.25 | 5.00 | 6.00 | 6.00 | 6.00 | 6.00 | 5.75 | 5.75 |
| Democracy Score | 5.67 | 5.04 | 4.00 | 3.88 | 5.50 | 5.32 | 5.36 | 5.36 | 5.21 | 5.11 |
* Starting with the 2005 edition, Freedom House introduced separate analysis and ratings for national democratic governance and local democratic governance to provide readers with more detailed and nuanced analysis of these two important subjects.
NOTES: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year.
Executive Summary
The Assembly of Kosovo adopted the Declaration of Independence on February 17, 2008, designating Kosovo a sovereign and autonomous state. This ended the almost decade-long United Nations protectorate over the territory. Fifty-two countries have recognized the independence of Kosovo, 22 of which are European Union (EU) member states. Kosovo's authorities pledged to fully implement the provisions of the Comprehensive Status Proposal (CSP) of UN special envoy and former Finnish president Martti Ahtisaari. The Assembly invited the EU to deploy its rule of law mission (EULEX) and establish the International Civilian Office (ICO) to supervise the implementation of the CSP. Ban Ki-moon, secretary-general of the United Nations, announced that the UN and its Kosovo mission UNMIK would operate under a "status neutral" framework just days before Kosovo's Constitution entered into force in June 2008.
Serbia reacted to Kosovo's move by inciting Kosovo Serbs in northern Kosovo to burn nearby border posts and pressured them to leave Kosovo institutions, including the police. Belgrade organized "municipal elections" in Kosovo Serb areas on May 11, overriding protests of illegality from UNMIK and the government of Pristina. The radical forces, which won the elections in June 2008 created the Assembly of Association of Municipalities of the Autonomous Province of Kosovo and Metohija, a body envisaged to oppose possible moderation in Belgrade and maintain the status quo in northern Kosovo through parallel municipal structures of government. On October 8, the UN General Assembly (GA) adopted a resolution submitted by Serbia requesting the International Court of Justice to issue a nonbinding advisory opinion as to whether the declaration of independence of Kosovo is in accordance with international law. Seventy-seven members voted in favor, 74 abstained, and 6 voted against.
Reconfiguration of the international presence in Kosovo encountered many problems in 2008. Still, EULEX began its full deployment in early December, following months of negotiations between the UN, EU, and Serbia, and UNMIK transferred all of its authority in the area of rule of law to the new EU mission. Kosovo's governance shifted to the new central government, which was heavily assisted by the ICO and foreign embassies in Pristina. The new coalition government, composed of the Democratic Party of Kosovo (PDK) and the Democratic League of Kosovo (LDK) and led by Prime Minister Hashim Thaçi (leader of the PDK), succeeded in maintaining stability and preventing violence.
National Democratic Governance. The February 17 declaration of independence and subsequent recognition of Kosovo's statehood dominated events in 2008. Obligations coming from the CSP were highlights in the work of the Assembly of Kosovo, which passed over 100 laws, more than 50 being linked directly with the provisions of Martti Ahtisaari's CSP. The new government, heavily assisted by the ICO and the U.S. and EU embassies in Pristina, succeeded in maintaining stability, preventing violence, and beginning the institutional consolidation process. The opposition vocally criticized the government of corruption and lack of vision during the second half of the year, demanding early elections. Three groups emerged within the Kosovo Serb community: radicals from the north opposing Pristina, moderate voices opposing the policies from both Belgrade and Pristina, and political parties cooperating with institutions that participate fully in the Kosovo government. The powerful Serbian Orthodox Church was divided on the next steps, part of it rejecting any cooperation with Pristina and the international community while the more moderate part advocated for cooperation with the international presence in Kosovo. Given the challenges Kosovo faced in 2008, remaining stable while improving the functioning of institutions, Kosovo's rating for national democratic governance improves from 5.50 to 5.25.
Electoral Process. General, municipal, and mayoral elections were held on November 17, 2007, and were considered free and fair by observers. Some 40 percent of the Kosovar electorate voted, but there was virtually a complete boycott by the Kosovo Serb community. These elections changed the political landscape of Kosovo. Hashim Thaçi and his PDK garnered 34.3 percent of the ballot. The late president Ibrahim Rugova's LDK won 22.6 percent, losing for the first time after 18 years as the largest Kosovo Albanian political party. With the declaration of independence, Kosovo authorities assumed responsibility over the Central Election Commission (CEC), whose 11 members were appointed by the president in August 2008. The adoption of new electoral laws – the Law on Local Elections and Law on General Elections in the Republic of Kosovo – and the entry into force of the Constitution in June 2008 ended Organization for Security and Cooperation in Europe (OSCE) executive responsibility for elections in Kosovo. However, frictions between PDK and LDK prevented the election of the new CEC president. The next municipal elections are scheduled for November 2009, while there is wide speculation that general elections will be organized at the same time. Serbia organized "municipal elections" in 26 of Kosovo's 30 municipalities on May 11, 2008; the elections took place despite protests of illegality by UNMIK. Between ongoing frictions and boycotts on the one hand, and the adoption of new electoral laws in line with international standards on the other, Kosovo's rating for electoral process remains at 4.50.
Civil Society. In the first half of the year, civil society groups presented agendas organized around thematic issues, which is seen as a direct impact of Kosovo's declaration of independence. This specialization can be characterized as the fifth phase in the development of Kosovo's civil society and opens a space for a stronger and more credible role. However, civil society and nongovernmental organizations are still challenged to develop their own strategic vision. Civil society groups continued with their activities in policy analysis and recommendations, review and oversight of corruption in the government and the implementation of laws (especially the Law on Access to Official Documents), and compliance with human rights statutes. Kosovo's civil society rating remains at 4.00.
Independent Media. Freedom of the media in Kosovo is well protected by the legislative framework, but legal and institutional mechanisms do not prevent political pressure on the media. The OSCE accused Kosovo politicians and political parties of regarding the media as a "mouthpiece" and criticized the Assembly of Kosovo for increasingly misusing its authority to exercise oversight of independent institutions, particularly the broadcast regulator and the public broadcaster. Media dependence on political forces undermined the sustainability of the media, especially when factoring in the reliance on public advertising as one of print media's primary financial sources. Regular and disproportionate paid advertising by the government and its agencies to newspapers close to selected political parties was a common practice, while independent newspapers were often threatened with exclusion from such advertising if they published critical reports. Owing to political pressure on the media by the government, Kosovo's independent media rating remains at 5.50.
Local Democratic Governance. Kosovo's legislative framework for decentralization has developed substantially, and the Assembly has amended applicable legislation and adopted a number of new laws, drafted with significant ICO support, including the Law on Local Self-Government, Law on Administrative Municipal Boundaries, Law on Local Elections, and Law on Local Government Finance. This new legal framework provides for a large degree of local governance and for clearer municipal competences. It also envisages increasing the number of municipalities from 30 to 38. In April 2008, an interministerial working group was established and an action plan for the implementation of decentralization in 2008-2010 was approved. Out of 30 municipalities, 26 are fully functional and report to Pristina. Parallel administrative structures sponsored from Belgrade were strengthened and are operating in most of the predominantly Kosovo Serb municipalities, including in the fields of justice, education, health care, and the postal service. The situation in Kosovo Serb municipalities became more complex on May 11, when Serbia organized municipal elections in 26 municipalities where Kosovo Serbs reside; these were declared illegal by UNMIK and the international community. Given improvements in the functioning of municipalities, as well as the completion of the legislative process for decentralization, the rating for local democratic governance improves from 5.50 to 5.25.
Judicial Framework and Independence. The judiciary is considered one of the weakest links in Kosovo's rule of law. This was recognized in the Ahtisaari CSP with the plan to establish EULEX. As a legacy of the previous nine years, Kosovo's body of applicable laws remains a series of divided areas between UNMIK regulations, laws adopted by the Assembly of Kosovo in accordance with the new Constitution, certain former Yugoslav laws, and the laws of Serbia through Belgrade's parallel structures in Kosovo Serb areas, especially in northern Kosovo. This has continued to hamper the delivery of justice, as judges are not always certain of the legal basis for their decisions, and there is no system in place to promote judges and hire new ones. Also, there is an insufficient number of judges and prosecutors in Kosovo. Procedures were not respected during the election of a Kosovar ombudsperson, a process that was annulled for the third time in the last two years. Kosovo's rating for judicial framework and independence remains at 5.75.
Corruption. Corruption is still widespread and remains a major problem in Kosovo. This is due to insufficient legislative and implementation measures, a lack of political will, and the weakness of the judicial system. The legal framework is inconsistent in the definition of corruption between the Law on Suppression of Corruption and the provisional penal code. A report from the Office of the Auditor General showed unexplained losses to the Kosovo budget of €0.5 million-1.5 million (US$0.8 million-2 million) per ministry per year. The government's anticorruption efforts were insufficient in 2008 according to an EU progress report. Nevertheless, some steps were taken to combat corruption. Despite the improvement in legislation, there is a general lack of political will to fight corruption in Kosovo; thus the corruption rating remains at 5.75.
Outlook for 2009. Kosovo will face its biggest challenge in 2009 as it enters a new phase of institutional consolidation. The successful implementation of the CSP will either strengthen the functionality of the state or increase the possibility of the partition of Kosovo along the Ibar River, through the city of Mitrovica. The functionality of EULEX will play a direct role in the state's institutional consolidation and determine whether the EU mission will be successful in the area of rule of law throughout Kosovo. Further challenges will lie in addressing widespread corruption, strengthening institutions, establishing an integrated Kosovo, and laying the foundation for Kosovo's economic development.
