4.1.3. Settling Ethnic Nationalist and Territorial Disputes
Ethnic nationalist and territorial disputes are legacies of the past, which always remind about conflicts. In the last years progress were made but, in general, the Region needs to overcome this problem and evolve towards more integration and reconciliation.
The countries of the region could develop now initiatives like establishing a Regional Reconciliation Commission in order to foster further cross-ethnic understanding and communication. Working together on this Regional Security Strategy the participants discovered that by settling the former disputes the citizens of the region will have better opportunities to cooperate and to develop common strategies.
A key problem in a conflict prevention strategy is the resolution of the status issue. The crises of the last decade in the Region have left some wounds that have to be healed in a consistent manner. Using temporary solutions can be a short term solution but it cannot hide the existing problems. The main issue is the persistence of uncertain identities that are confusing and frustrating people. This is especially true of for Western Balkans.
Concerning the resolution of the Western Balkan’s status, there should be joined efforts from all sides involved to reach an agreement that would settle this issue as a unique and special case in the region. Status quo must not become a principle that opposes the free will of the people in the area. National ambitions must be set aside to give way to mature and pragmatic thinking directed towards the development of countries not towards their isolation.
The participants to the Project consider regarding Western Balkans that the efforts should be directed towards creating a sense of ownership of all ethnic communities over the political process. Only by securing coherent and functional state structures will each community be properly represented and satisfied.
From the civil society perspective, at the governmental level, bilateral treaties of good neighborhood and mutual recognition of borders must be signed as soon as possible. They will ensure that good relations are preserved or developed with the contribution of the civil society of the respective countries and will make any future territorial disputes impossible and unwanted.
4.1.4. Dealing with Unreturned Refugees and Displaced Persons
National governments should make sustainable efforts to ensure the return of all remaining refuges and displaced persons. It cannot be ignored the fact that people were forced to flee their homes due to the conflicts. And it is the duty of authorities and international community to make sure that they can return safely and resume their lives in their own houses or in their own local communities. Ethnic cleansing was not a solution and its perverse effects must be counterbalanced by the restoration of the situation before the wars. This will consolidate the legitimacy of the present order, established first as a result of the peaceful and voluntary will of the citizens.
The experience of the Stability Pact (SPSEE) is crucial for finalizing this enterprise. The SPSEE has helped in the past and this type of initiative can be helpful for achieving the goal of returning all refugees and displaced people that wish to come back to their former locations. The participants to the project expressed their concern about the will and capacity of national authorities as well as international organizations to further support of this process. So it would be historical and moral reparation for the sufferance of these people.
4.1.5. The Issue of Minorities
It must be acknowledged that major sources of instability are now internal. To this point, interethnic relations between majorities and minorities must be clearly regulated by adopting the European standards. Tolerance and inclusion are the bases of these standards and they must be promoted at all levels through a rational approach rather than appealing too much to emotional symbolic issues.
The majority must have moral but also legal direct responsibility to reach out and create mechanisms for all communities to feel safe. Only by involving all the groups in the public life can be avoided future conflicts and the proliferation of violent means over dialogue. As the Region has known lots of instances when this policy failed, it is imperative that we regard this issue as crucial for the future stability within the countries concerned. Again, the Stability Pact and the EU have a lot of expertise in this field and it is a high expectation that they will be the pillars around which related policies will be further developed.
4.1.6. Dealing with the Threat of Terrorism
A special mention must be made concerning the spread of the terrorist threat in the Region. As most of the respective countries are US allies in the war against terrorism, they are not invulnerable to terrorist threats.
Terrorism is one of the most visible forms of asymmetric threat in today’s world. Especially after September 11, 2001, the spread and intensity of international terrorism has reached an unprecedented level. The advantage of terrorist action is given by the limited use of resources (men, weapons) to achieve serious damages, both of a physical and psychological nature. The physical damages are incurred when terrorists attack facilities and infrastructure and the psychological damages are incurred when they aim at civilians.
Although none of the countries in the Region has been the victim of terrorist acts (with the exception of Turkey, which is a particular case) or a main source of terrorists (an exception is the case of some training camps for terrorists discovered in Western Balkans at some point) there is no guarantee that they will not be touched in the future. Anti-terrorist policy and legislation must be passed in order to prevent the occurrence of such phenomenon which sometimes may use the already existing organized crime channels. The experience of international and regional forms of cooperation such as the South East European Cooperation Process can be used in order to avoid occurrence of such phenomena and to improve current legal frameworks.
IT Security
The use of informational technologies by strategic institutions can become a weak point if security measures are not taken against potential aggressors. Cooperation is needed at regional level to prevent such shortcomings and to protect IT users from the adverse effects of piracy, cracking and virus attacks.
The young generation, the main beneficiaries of IT potential must be discouraged to misuse this technology at national or international level.
For the initial stages, the countries in the Region must adopt consistent legislative packages which are critically missing in most cases at this level. Without this, IT security cannot be envisaged and there is a serious exposure in front of potential dangers. The EU and U.S. models are the main guiding source for the necessary legal framework.
Security Sector Reform
Throughout the Region there is a need for enhancing democratic civil-military relations. Military reform and civilian control are essential in this process, as a sustainable and suitable army is the key to professionalism and efficiency.
The countries in the Region view armies as important factors in society and this element can be used to build a common present and future along the idea that former enemies now work together to achieve prosperity and well being for their respective people. Starting with the experience of Romania and Bulgaria in this respect the participants considered that the military reform and civilian control are essential in this process, as a sustainable and suitable army is the key to professionalism and efficiency and therefore the key to great results
4.2.1. Professionalization of the Army
An army of recruits is no longer suitable for the new security threats in this field. A well instructed army of expert soldiers that are trained and prepared for a wide range of missions, including combat, peace-keeping, peace-making and peace-enforcing, as well as disaster relief and humanitarian action, is more useful. Therefore there is a need to introduce new standards of professionalization in the military field in a NATO, EU network of experiences and progress.
4.2.2. Civilian Control
On the other hand, civilian control is essential for achieving democratic standards in this area, too. Of course, the military hierarchy is still an important component of a coherent armed structure, but the people, through their elected representatives, must have the control over these structures, in order to avoid negative trends such as an overgrowth of the role of the army that could gradually hamper democracy and political transformation process. Therefore, while we acknowledge the positive role of the military in maintaining secular civilian regimes (especially in the case of Turkey), the participants consider that there should be a balanced approach insuring the democratic oversight over this field.
4.2.3. Police Demilitarization
Also, it was considered that the police forces in the Region should undertake a serious process of demilitarization that would create a new force of maintaining order, closer to the citizens and to the status of a civil service. This will insure a higher efficiency of services provided and will create closer bounds between local police and the respective communities that would foster a higher level of internal security.
To this point, one could mention the expertise that regional structures such as SEDM, MPFSEE, BLACKSEAFOR and SPSEE have in the field. Their positive experience of cooperation in the area might prove a worthy core for integrated regional strategies of defense.
Border Security Management
The geographical position of the Region crossed by main smuggling corridors from Eastern Europe and Asia passing to Western Europe, makes it vulnerable in this regard. International organizations and Western countries are often complaining that the security of borders in the Region is not properly insured and that it still allows for proliferation of Transborder organized crime.
4.3.1. Monitoring and Surveillance
Countries of the region should reinforce the system of co-operation in terms of borders control among all of them in order to make it more efficient. This would decrease the threat of terrorism and international organized crime networks. It would also significantly improve the fight against tax evasion that contributes to the growing of underground economies, black markets and eventually to the overall economic decline. Feasible functional solutions such as joint border surveillance systems, joint assessment systems, training centers, liaison officers that are already functioning in Romania and Bulgaria, should be put forward in other countries.
Last but not least, it would be of great importance in terms of rising security standards to fight against the proliferation of WMDs. The international community has pledged to prevent the transfer of such weapons in the hands of criminals and terrorists. Through a more rigorous system of border security in this respect problems can be avoided and potential dangers averted.
4.3.2. Control of Illegal Immigration
But border security also means tackling the ever more concerning problem of immigration, which has so much alarmed the Western countries. Due to development gaps between the different regions people of the poorer countries are trying to find their way into Western Europe, as their only chance of survival. Many of the immigrants come from Eastern Europe, Asia, Africa a.o. In their way, they transit SEE, taking profit of the loose borders that they can easily cross, helped by networks of the organized crime and by corruption of some officials in duty.
Most of the countries in the area are not so well developed in order to prevent the unemployed people illegal leaving the country in search for jobs. Until now, the visas policy of the Western countries has kept them under some kind of control (even if the illegal immigration has still flourished), but it has created a wall of frustration for the other European nations. However, the prospects of opening EU borders have frightened Western Europeans of an invasion from Southeastern European immigrants. Even if this may to some extent be true, there are remedies to be applied at the origin of the problem.
4.3.3. Flexible Visas Regimes
We believe that a policy of flexible visas regimes will prevent many of problems created by immigration. This means allowing free circulation of some groups that can bring an added value to the countries’ development (students, scientists, businessmen a.o. then gradually conditioning free circulation on reforms aiming at improving the countries’ situation, including border security. This model, which has functioned in the case of Romania and Bulgaria, can be regarded as a successful model for countries in the region that still have such problems.
The experience of the Regional Center for Combating Transborder Crime (SECI Center) in this field is a success story that must be replicated throughout the region. Significant steps were made for improving border controls, but there is still a lot to be done to introduce common standards and to ensure an authentic securization of borders, both internal and external to the Region.
Control and Removal of SALW (Small Arms and Light Weapons)
We are still witnessing a regional problem, which is a remnant of the past conflicts that of proliferation of small arms and light weapons (SALW). This includes assault rifles, submachine guns, pistols, mortars, man-portable-defense-systems (MANPADS), anti-tank missiles, landmines, etc.
An important initial step forward is the adoption and implementation of the SEESAC (Southeast Europe Small Arms Control) Action Plan, which urges governments to ensure the security of existing stocks of weapons and ammunition, regular inspections and destruction of surplus of SALW.
Adoption of the EU Program of Prohibition and Fight against Illegal Trade of Conventional Arms by all countries in the region is an imperative necessity to prevent illegal small arms trafficking. A common regional authority for control of the stage of implementation of this program can be formed and supported fully by governments in this area and the international community.
Countries should adopt statements regarding SALW policy following UN policy requirements. National governments realize that their internal security depends on the degree of control they have on the circulation of SALW. The past conflicts have generated an uncontrolled proliferation of these weapons that has caused to an important extent the bloody outcomes of the early 90s. That is why there should be closer regulation concerning detaining such devices by civilians.
The countries in the region can institute a common legislation concerning SALW possession and issue highly secured documents for this kind of owners. In this respect there should be rigorous psychological and criminal record information sharing in order to avoid employment and trade of SALW by the organized crime, terrorists and other dangerous individuals.
There is also the problem of landmines which, in spite of the period that has passed since the end of the conflicts themselves, have not been removed from some areas in Western Balkans. Without a thorough approach on this issue, the living environment for citizens in the respective areas will be endangered.
4.5. Fighting Organized Crime and Corruption
At the level of combating organized crime and illicit trafficking between the countries in the region there must be a closer cooperation. Citizens’ security is affected by the proliferation of these networks. Often, members of such networks are hiding from one country to another and cannot be taken into custody due to a lack of coordination and of joint efforts from all parties involved. In this field the Regional Center for Combating Transborder Crime (SECI Center) structures have proven to be very successful but there are still things to be improved and enforced into practice. Member states must commit themselves more to sharing information and databases about the existing network, especially at the level of intelligence. Thus, conditions will be created for a regional integration at the level of public order that will prevent organized crime proliferation.
Corruption is a widespread phenomenon that affects the authority of main state pillars in most of the countries in the region. As a consequence there is little confidence in the public institutions and that only nourishes the black market and underground activities of the organized crime. Hence, the regional networks for illicit trafficking are prospering at the expense of sustainable development in the respective societies.
People in the region have become accustomed to practices which stand outside the legal framework and which are presently designated by the term “corruption”. The participants recognized that such practices were acquired throughout a long period of time and cannot disappear overnight. However, it is a need for a general change of attitude from every actor involved in the process.
First of all, at the level of public offices there must be a 100% transparency of revenues in order to guarantee that public offices and funds are not used for personal reasons or interests. Nowadays, political representatives in most Balkan states are always under suspicion of the citizens. In order to re-establish the basic link of trust between citizens and their representatives or civil servants policies must be adopted to wither away any shadow of doubt regarding the latter’s proper conduct.
Secondly, campaigns against corruption must be envisaged both by governmental institutions and by NGOs in order to raise public awareness over the disadvantages of such practices. Gradually, we must produce a shift in the old mentalities and eradicate the practices of offering something extra for a decent service. Citizens must realize that they are already paying the respective services through taxes and that they do not need to pay double for the same thing. At the same time, there must be an appropriate policy of retribution that should not fall under the limits of decency and should not thus provide premises for corruption.
During the discussions for drafting this Regional Security Strategy, the participants raised the problem that international presence can be a generator of criminal activities in the area. Many times, around international missions there are negative phenomena such as prostitution smuggling corruption which are affecting directly the local democratic development. That is why there must be a strict accountability and a limit of this presence to the strictly determined peace-keeping utility.
Strengthening the Rule of Law
4.6.1. Independent Justice
This includes measures for granting independence of justice and more transparency in order to counter corruption within the public institutions. To this end it is essential to introduce, as soon as possible, anti-corruption laws following the model of the new EU member states. Also, there must be much clearer penalties for criminal acts and an effective implementation of these norms into practice.
On the other hand, governments in the region must cooperate fully with the ICTY in order to settle all the issues concerning war criminals, where this is still the case, and send a clear message that such behaviors are no longer tolerated and cannot be accepted by any society in our times. Only by doing this, will the countries in the region be able to join structures such as PfP, NATO and the EU.
4.6.2. Improving Legislation
There is much to do in order to improve legislation according to European standards. Theoretically this process is obvious in the case of countries which are already negotiating EU accession and which have to implement the acquis communautaire as part of their legislation. However, in practice, in the case of the new member states, it was proven that the most important and difficult step to make was introducing the provisions of the acquis in real life. Of course, this is no easy task and sometimes people might not understand the logic of this difficult process. That is why there should be a fair balance between the costs and benefits implied. Nevertheless, the main benefit is accession into Euro-Atlantic institutions and this must be seen by the countries in the area as a unique opportunity to improve their legal conditions for everyone and create a safe justice system, easily accessible by everyone, granting a fair trial and ensuring a correct sentence in full respect of basic human rights.
A clear judicial division of authority between the constitutionally prescribed political authorities will guarantee the checks and balances that will keep the design prescribed by the Constitution democratic formulae, especially during the transition period. Effective arrangements for public information and accountability and practically executed democratic oversight of the security sector will aim at setting up conditions for public, media and non-governmental institutions’ involvement into security sector development and oversight.
Established appropriate and independent judicial oversight (in accordance with the international judicial norms) over the activities of politicians and professionals from the security sector is to be done in order to have guarantees that the security forces leadership and staff are to act only according to the laws and international humanitarian norms.
4.6.3. Good Governance
Good governance is a concept that should be taken into account in institutional activities in the countries concerned. It implies a greater emphasis on functionality and efficiency of state institutions and administration in order to ensure coherence and authority of the respective state and create a proper environment for the individual development of all citizens, without discrimination. But for this to become reality, public institutions must regain their lost legitimacy on the new bases of democratic government. The participants to this project strongly believe that the public security should be provided in completely new manner by a deeply transformed democratic law enforcement system in which the civil society will play a key role.
Promoting Economic Development
4.7.1. Free Trade Area
In the field of economic development there is a real need to initiate new possibilities of cooperation in order to enhance regional economic development. For instance there must be a broad discussion about the upgrading of the bilateral free trade agreements into a multilateral trade liberalization agreement that could eventually, lead to a custom’s union and prepare, as well, integration into the EU market. Negotiations on free trade area, free movement of capital and the institutionalization of a Balkan Chamber of Commerce are seen by the drafters of this document as important steps. The creation of an integrated structure in the region would facilitate the ulterior integration into the EU and an additional flow of foreign direct investment in the countries involved.
Trans-border cooperation under the form of local border traffic can be a useful initial component for the development of a future free trade area. It must be further encouraged to gradually erase the economic borders. The experience of CEFTA in this matter is crucial. As two of its former members, Bulgaria and Romania, have already become EU members and Croatia is close to that status in economic terms, the other countries in the area must realize that having such a free trade area is an important fast track towards EU integration. It is important that Croatia, who already has some experience in this field, shares its experience with its Western Balkans partners.
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