Avocats Sans Frontières in Kosovo (closed programme)
- Location: Pristina
- Date of creation: 2000
- Closing date: 2001
- Team: 1 expatriate and 10 to 20 collaborating lawyers
- Objective: to contribute to the emergence of the rule of law through the establishment of a fair legal system
- Financing: Belgium (DGCD)
Context
En 1999, the North Atlantic Treaty Organisation (NATO) bombarded Serbia. Following the retreat of the Serb forces from Kosovo, the United Nations (UN) set up a mission in Kosovo tasked with administering the territory. The legal system had an important place in its mandate. The task was to put the legal system back on its feet so that it would be possible to proceed to try ethnically-motivated crimes (also called serious crimes) in a proper manner.
Description of ASF’s programme
During 1999, together with ASF France, the organisation sent several missions to make contacts with a view to opening an office in the area. The project benefited from the support of Bernard Kouchner, Special Representative of the Secretary General of the UN. After a number of missions, a partnership agreement with the Kosovan Chamber of Lawyers was drawn up.
In May 2000, a representative of ASF took up post in Kosovo. The need was enormous: Kosovars were looking for support. In the field, ASF established close contact with a number of representative member organisations of the UN and the Organisation for Security and Cooperation in Europe (OSCE) as well as with those involved in the Kosovar legal world, in particular with Lirije Osmani, who was to become the first President of the Kosovo Bar.
The support of the Kosovo Chamber of Lawyers, an analysis of the opportunities and a feasibility study on a possible intervention on behalf of the defence in trials for ethnic crime,s as well as an understanding of the opportunities and of the feasibility of collaboration with international agencies in matters pertaining to the legal system were the main areas of work for the mission.
In a fast-changing and difficult environment, ASF helped the new managers of the Chamber of Lawyers to organise a modern, democratic, and multi-ethic Bar, and to collaborate with the international authorities to set up a new legal system.
ASF also worked to revise the Kosovar legal profession’s Code of Ethics, on the increasing involvement of the Camber of Lawyers in matters relating to the rights of the defence, to legal assistance and to the preparation of a seminar on the application of the European Convention on Human Rights and on the European Court of Human Rights.
Perspectives
Unfortunately, an approach that tries to value local players and to establish a partnership of equals is not very compatible with the agenda and methodology of the international organisations working in the region - at least as far as the legal system is concerned. Six months later, rather than betray its principles, ASF opted instead to close its mission in Kosovo. The experience has left the organisation better placed to tackle the way in which an NGO such as ASF should approach work in an area saturated with international initiatives, each with its own agenda
Interesting Links
Read more about Kosovo's Final Report
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ASF Programmes
