 |
| Originally published by The Albanian Klentiana Mahmutaj |
Klentiana Mahmutaj is undoubtedly not only an excellent ambassador of Albanian values with an extraordinary contribution but as one of the best models for Albanians everywhere they live in the world.
The profession is what accompanies us in our lives. Did you make this choice well-calculated or did it come to you spontaneously, as an internal vocation?
When I think about my profession, I don't see it as a single activity, but as an instrument with several components and that is always on the move and changing. I have been practicing as a barrister for 15 years, a period during which I have filed hundreds of cases before various courts. But in parallel, for a part of this period, I also taught at the university for two years (the subject of evidence, ie Law of Evidence) and published academic articles in the field of human and international law, as well as a book on the doctrine of humanitarian intervention in international law with a focus on the NATO case in Kosovo. I have also been a consultant through the Foreign and Commonwealth Office projects and the Slynn Foundation in several aspects of legal reform in Albania, and have represented Albania at the United Nations (UN) during negotiations on a draft treaty on business and human rights.
Most recently, in March 2020, I was appointed as an independent expert by the UN Human Rights Council on Mechanisms for Special Procedures, specifically on Development Law.
So my profession these past 15 years, in addition to advocacy, has had other elements that have coexisted with mutual benefit.
However, none of the above has been well calculated. It has been a constant journey of discovery. I initially chose to study jurisprudence as I was interested in politics and international law. After a year of studying in Tirana at the Faculty of Law, I had no desire to become a lawyer. When I started studying in England, in this case for English law, something happened that I did not expect. I was in my first year of university, having just arrived from Albania, and had not yet had time to acclimatize to either the English academic system or English society in general. However, I did very well, I got an "A" in the contract moot, which is a kind of bar exam where the ability to make submissions in court on a certain issue is tested, in this case in the subject of contract law/obligations. Surprisingly, I found it very simple as an exam and I liked it. There I thought for the first time that I wanted to become a lawyer/barrister. While I have always nurtured my passion for human rights and international law with publications, teaching, and references at various conferences. Thus, gradually, I have been given the opportunity to develop these interests through various roles within the field of justice.
What were the moments that marked your professional/personal journey?
The first important moment was the publication of my book in 2007 on the doctrine of humanitarian intervention in international law, where I focus on the case of NATO intervention in Kosovo. This was originally a thesis I was fortunate enough to write under the supervision of Professor Christopher Greenwood (at the time, lawyer and professor of public international law at LSE, and later British judge at the International Court of Justice) who also wrote to me the preface of the book that was published in Albanian. Later, the book was promoted by the Albanian Students' Association in LSE and by the Albanian Foreign Ministry. At the time of publication of my book very little was written, not to mention, in Albanian on this topic and for me was a privilege that I could give this contribution.
Later, qualifying as a barrister and securing a permanent position in Chambers were two crucial moments that enabled me to present myself as a counsel in interesting matters in all instances and in various areas of law, from criminal law to extradition, human rights and later in international investment arbitration. The important moments have been numerous here. Advocacy is a challenging journey but also a privilege that rewards you on many levels.
The third important moment was in 2018 when I represented Albania in the Human Rights Council in the negotiations of a draft treaty on business and human rights. Making legal submissions every day for a whole week in one of the most important halls of the Palais des Nations, in front of ambassadors from all over the world, on behalf of your country, was an indescribable feeling. The sense of responsibility, of privilege, of history, all of this made for an extraordinary experience. Now I am returning to the UN as an independent expert, but the representation in 2018 will remain a unique moment in my career.
It is often said that there is no unified key to success to open every door, but have you had one to pave your way to success?
Personally, I don’t know if there is a unified key to paving the way to success, whatever that may be. I think I have had the good fortune to grow more love from parents who have been visionary and have supported me in all the desires and interests I have had since a young age, but which have also raised me with work education and discipline. I think another reason for the success has been the fact that I’m curious and I want to discover but also improve the world around me. Also, I have remained loyal to professional subjects on which I have had a real interest and have not been influenced by the choices of others. I have always chosen my path. Finally, I must say that I was lucky, without which nothing can be achieved. Luckily I mean the opportunities that kind and far-sighted people have given me throughout my journey since I was a teenager until now so that I can show my skills. Without these changes, it is not possible to reap success and I am grateful to these individuals, both Albanian and English.
We do not grow when we have easy things, but when we face challenges. What challenges would you define as the most difficult in your life?
Big challenges come when there are big changes.
The first challenge was to study English law at an English university in circumstances where I had never been to England before. I didn't know what to expect as I had neither the kind of exposure to English schools or society nor to any other western country. I had a good English, but it was 1998, when Albania a year ago had narrowly avoided a civil war as a result of the collapse of pyramid schemes, and the political situation in the country continued to be chaotic, especially after the assassination of Azem Hajdari at the doors of the Albanian parliament. That year, I came directly from the desks of the Faculty of Law in Tirana, wherein the above-mentioned conditions, the level of education and academic materials had been almost non-existent. So both social and academic contrast in my beginnings was a big challenge. It was also the first time I was separated from my family for a long time. This was a new and traumatic phenomenon for the Albanian society, which at that time was very focused on the family, both physically and emotionally. In the absence of family support in England, the challenge of getting started was even more difficult.
The second challenge was securing the opportunity to practice the profession of barrister in a prestigious institution in the United Kingdom.
This was a double challenge. Initially, securing a place in Chambers to do pupillage or training from one to two years that should be performed by any person who has passed the bar exams, to call himself a qualified lawyer.
During this period, each chamber received on average between 400-800 applications for two to three posts. It should be borne in mind that the profession of barrister in the United Kingdom is a profession of hundreds of years whose quality has rightly been fanatically preserved. This profession has historically been elite and highly selective, unlike, for example, the academy or the City which has been more hospitable to foreigners. In particular, 15 years ago more than now, the profession of bartender suffered significantly from diversity problems. I was a woman from the poorest former communist country in Europe, and although I was educated at an English university, I did not come from a privileged academic or social world. So when I looked at my ambition from afar in the above context, my chances seemed ridiculous. However, the fact that I had a master's degree in international public law, had done academic research, had completed internships at the Council of Europe and the International Bar Association, helped me gain the right to be interviewed. After the first interview, I went to the second round and was finally offered a pupillage by an office where I later learned that there were 800 applications for three places, one of which I took.
The second sub-challenge was to provide a permanent place in chambers to practice the full-fledged profession after completing the training period. In this challenge, are not enough the technical skills, but also the potential and ability to adapt to the work environment and get along well with other members of the chambers. The suitability depends on the personality of each individual, background, personal interests, sense of humor, etc. I did not pass this test in the office where I did the training and so I had to apply to other chambers. Thankfully what I didn’t achieve after two years in the first office, I achieved after 6 months in the office where I currently am, Red Lion Chambers. I have been practicing there for more than 11 years and I am very proud of that. Our Chambers now has 100 members and in addition to regularly winning awards in the legal field, has historically produced prominent lawyers and judges, but also important politicians, one of whom is also in the current Parliament.
It often happens that we look back and ask ourselves, what would our life be like if we made different choices. How do you balance your decisions?
Honestly, I would not change a single decision I have made so far, as the combination of these decisions has brought me here where I am professionally and personally. Professionally I feel very good, even though I still have a lot to do. Personally, if it hadn’t been for the professional choices I made during my trip, I wouldn’t have met my husband (who is also a lawyer), and so I wouldn’t have had the son I have. The boy and family is my greatest achievement, justifying all the battles I may have had to fight to get here. Of course, I could have done some things differently or with less effort. However, everything is worth the experience.
If man’s greatest achievement is to constantly surpass himself, what achievements would you consider beyond yourself to be the most triumphant?
I think the ability to successfully defend 'the underdog' in a trial before the jury in a case where the odds are stuck against you is an irreplaceable and inexplicable triumphant sense. It is a fantastic feeling both professionally and humanly. And I have had the good fortune to experience several times this feeling.
I think my other big triumph has been the appointment as an independent expert on the Right to Development by the UN Human Rights Council. This is a crowning achievement of my professional achievements in the field of human rights and international law and an extraordinary privilege, especially in the challenging times we are living in now where the right to global development and cooperation is more acute than ever. In addition, since I am the first Albanian to be appointed as an expert on UN Special Mechanisms Procedures, I am very pleased to have made such a valuable contribution to the reputation of Albanians as independent contributors to the international arena.
What evocations of yesterday and today's experiences, does the sound of the word "Homeland" create?
Today's experience of the word Homeland contains the moral duty to contribute to the Homeland. As for example, what I said above about the appointment to the UN is a tangible contribution, but I feel I still have a long way to go. Part of this experience is the daily promotion of Albania in the family, especially my son, who has half of the family Albanian and half English.
Yesterday's evocations connect me with a simple but happy childhood, with loved ones, some of whom unfortunately no longer live. With the hot summers and the slow rains of Tirana. With the shows where I participated and then I directed on Radio Tirana or TVSH. With the poems I wrote, the English or Italian courses and endless laughter with friends. And later, drinking a margarita on summer nights on the terraces of some clubs in Tirana, or drinking mountain tea in the lobby of a hotel and talking to old friends.
What quality do you think has been the best, the legacy of your homeland, which has helped you integrate and be successful?
I think the great social, economic and political changes in which I grew up make you not afraid of instability and believe that there is always a way to improve. This kind of chaos makes you more creative, persistent but also with low expectations without fading ambition or self-confidence.
Personally, my early experiences (from 14 to 19 years old) with radio and television gave me the opportunity at a very young age to do creative, analytical and responsible things. It also gave me access to interesting social networks with journalists, editors, directors, and poets, some of which I still have today. I think this was an unusual and enriching experience which gave me certainty in myself, needed in my future challenges. Also later gave me the opportunity to work as a presenter for the Albanian section of the BBC World Service in London, which helped me along the way to qualify as a lawyer.
What does "immigrant" mean based on your personal experience and have you suffered any consequences of this "status" in your beginnings or actuality?
My experience started with university studies here and has continued with an interesting professional life. When you are a student in Britain, the idea of immigration does not exist as you live in a separate universe with students from different parts of the world and you are somewhat isolated from ordinary society. Later, since my professional background was dominated by the classic middle or upper English class and as a result, there was not much diversity, I was necessarily "different" with my accent, my background, and so on. etc. I don’t know if that made me feel like an immigrant because I did the same job and with the same status as them, but it made me a little shy at first. I later realized that being different was a strength, not a weakness. And so I used it in my favor. Overall, despite the features of the districts where I circulated, I felt mostly equal and welcome.
What do you think, how may the inter-Albanian cooperation be improved?
As far as I have read, Albanians around the world have very good structures and networks of cooperation, especially in the United States, but also in Britain. I do not claim that I can offer any ideas for improving the functioning of these networks. However, from the personal experiences of our community in Britain, I think what we can improve is the mentality and the way we look at each other. I have very good friends from both Kosovo and Albania, but I have encountered quite a few individuals who find it impossible to rejoice in the success of the other and refuse to promote this success when given the opportunity. This kind of jealousy and shortsightedness is not an exclusive problem of Albanians, but in our case it is unforgivable. This is because we are a relatively young community in Britain and we have benefited directly from the help of British individuals, so we have a moral duty, but not only, to support each other. Even if we see it as a business model, by helping each other we can simultaneously increase our collective and individual influence in the societies where we live. The opposite is a fragmented, divisive and regressive mentality that will inevitably limit our potential as an important community in Britain.
What should have been different in the motherland?
No country is perfect and all countries need improvements in various fields. As we know from our direct experience, the UK is a classic example of the need for change. However, one of the things I would like to be different in my hometown is the desire of young people to stay there and the incentive to grow professionally and contribute to their country. Youth has always been the driving force behind positive change in Albania and it would be a disaster if young people feel that the only solution is emigration.
Do you think that the approach that the Albanian government/governments have taken towards the diaspora is appropriate and what would you specifically demand from the Albanian government/governments?
To be honest, I am not well informed about the approaches of the Albanian governments on the diaspora, and so at the moment, I do not have an opinion on this point. In general, I would say that the diaspora has an important role in the image of Albania, and I think that by giving the appropriate attention Albania can benefit from the diaspora.
While you are busy making plans, change remains the unstoppable constant of time. What are yours for the future?
I don’t believe in plans. I just have ideas. I look forward to seeing what the future holds for me.
What would be your message as motivation to Albanians (non-surrender)?
Listen to your inner voice. Accept what tells you about what it is. Follow without stopping. Do what you have to do with love and without malice. Be modest, for modesty does not diminish the zeal or the success. On the contrary.