Crisis Prevention and Recovery

Diaries from Countries in Crisis

Profile of Kosovo’s Minister for Justice: A personal dedication to the rule of law

By Yasmine Sherif, Senior JSSR Adviser, BCPR

Nekibe Kelmendi’s husband, a prominent human rights lawyer, and her two sons were executed in 1999 during the war in Kosovo. Today, as the newly appointed Minister for Justice, Kelmendi keeps alive the memory of her late husband. Building upon his legacy, and in her own right, she plays a central role in strengthening the rule of law in Kosovo.

Kelmendi is well placed to lead the efforts for justice in this society affected by armed conflict. Having buried her husband and sons and left to fend for herself and her daughter (also a lawyer) amidst a war, Kelmendi has experienced unspeakable injustice. It is the kind of injustice that either destroys you or motivates you: succumb to circumstances or rise above them. Kelmendi has chosen the latter. “Seeing her so motivated to get out of bed and deal with all the tough issues, given her background ... if she can do it, nothing can stop us,” says Rrezearta Reka, a colleague of the UNDP Rule of Law Programme in Kosovo.

I had known Kelmendi’s husband, Bajram Kelmendi, from my time in the Balkans in the mid 1990s. As a human rights lawyer working for the UN High Commissioner for Refugees (UNHCR) in my early 30s, I was inspired by the courage, clarity and commitment that epitomized the more seasoned and fearless Bajram Kelmendi. Twelve years later, my colleagues and I met with his wife. As she recollected the painful events that she endured during the war, we were humbled by her indomitable will and extraordinary strength.

My colleagues and I came to see Kelmendi to discuss UNDP’s rule of law assistance. The UNDP Rule of Law Programme in Kosovo is still in its early stages but growing rapidly. The Ministry of Justice places great trust in UNDP and our partnership is solid. At present, UNDP’s assistance largely focuses on institutional support, including capacity development of the Kosovo Judicial Institute and the Kosovo Chamber of Advocates, and supporting Bar Exams for law graduates and publication of laws in the Official Gazette. However, the needs at the community level are pressing and the Minister is personally committed to meeting them. With the Minister, we discussed using UNDP projects as building blocks for more comprehensive rule of law programming, including further institutional capacity building, expanding access to justice to the community level and forging stronger synergies between the justice and security pillars.

The UNDP Global Programme on Strengthening the Rule of Law in Conflict and Post-Conflict Situations 2008 – 2011 and a beefed up Justice and Security Sector Reform (JSSR) Unit located in UNDP’s Bureau for Crisis Prevention and Recovery, will support in-country colleagues in realizing those plans. The Global Rule of Law Programme, which is aligned with the UNDP Strategic Plan, represents a renewed commitment to provide more comprehensive and predictable rule of law support in post-conflict situations.

The challenges in Kosovo are many. Institutions have to be empowered with skilled staff earning decent salaries. Corruption is a problem. Salaries are low and contracts are short. Unsurprisingly, there is a backlog of cases. People tend to trust the police, but public confidence in other justice institutions is low. Minority groups are isolated in enclaves applying different sets of laws and living with unsettled property claims. Trafficking of women and domestic violence are of critical concern, and the victims’ needs are enormous.

As UNDP expands its Rule of Law Programme in Kosovo, all of these challenges have to be taken into consideration. Lessons in other countries have taught us that no one can do it alone. A few million dollars will not suffice in establishing justice and security. Rule of law programming (like all development programming) requires a comprehensive approach and substantive multi-year funding commitments. Together with partners, our colleagues in Kosovo are committed to making this happen.

As we prepared to leave the office of the Minister for Justice, our primary counterpart in these efforts, we asked her to share some wisdom for women and men working for justice. Without hesitation, she responded with a deep-held conviction: “We must fiercely defend the independence of the judiciary. We must be unbiased and deliver justice regardless of race, ethnicity or gender, so to protect universal values. The respect for human rights is divine. There can be no compromise on the fundamental principles of the rule of law. We must work with commitment and devotion.”

The UNDP Rule of Law team has an inspiring partner in Kosovo. She encourages us not to lose touch with reality and to hold on to the principles for which the United Nations stands.