The Externalisation Practices: Examining the Proposed Belgium-Kosovo Agreement - Interview with Knack Magazine in Brussels

In a recent interview with Knack, our Director of Programmes, Sokol Zeneli, offered a critical analysis of the Belgian government's controversial proposal to address prison overcrowding by transferring inmates to Kosovo. This proposal, reminiscent of a similar agreement between Denmark and Kosovo, raises significant concerns about human rights, ethical responsibility, and the implications of externalising prison management. 

During the interview, Mr. Zeneli dissected the complexities of the plan, drawing attention to several key issues:

• Overburdened Prison Systems: Kosovo's prisons, much like Belgium's, are already grappling with overcrowding.  Transferring prisoners from Belgium would simply shift the problem rather than solve it, placing additional strain on Kosovo's limited infrastructure and capacity.  

• Ethical Concerns and Discrimination: The proposal raises ethical concerns, as it involves exporting a domestic problem to another country. This practice also raises concerns about discrimination, as the proposal exclusively targets non-EU citizens for transfer, while EU citizens would not be subject to the same measures.

• Lack of Transparency and Oversight: There is a lack of transparency and independent oversight in the proposed agreement. If the Belgian proposal follows the same logic as the agreement between Kosovo and Denmark, then civil society organisations in Kosovo would be barred from monitoring the prisons where Belgian prisoners are placed, raising concerns about the potential for abuse and corruption within the Kosovan prison system, where there have been existing reports of misconduct 

• Legal Vacuum and Accountability: The proposal creates a potential legal vacuum regarding responsibility for the transferred prisoners. In such agreements, it is unclear who would be held accountable in cases of human rights violations, highlighting a lack of clarity on legal jurisdiction and responsibility. 

• Practical Challenges: Transferred prisoners would face practical challenges in Kosovo. These challenges include language barriers between prison staff and inmates, limited access to legal aid, and difficulties with family visits. 

The analysis underscores the broader trend of EU member states increasingly resorting to externalising domestic issues (e.g. migration and asylum management, including the transfer of detention responsibilities.) Our insights serve as a crucial reminder of the potential human rights risks and the importance of upholding international obligations in these arrangements. This discussion contributes to a deeper understanding of the challenges and ethical considerations surrounding the externalisation of prison management and its implications for both the countries involved and the individuals affected.