Lost Years of Demarcation

The state commission for the demarcation and maintenance of the state border, headed by Murat Meha, had worked about three years on the issue of demarcation of the border line with Montenegro, which was followed by the agreement signed in August 2015 between the two countries.

But, from then until now, this agreement has remained un ratified by the Assembly of Kosovo, due to opposition from opposition parties, but also some MPs from the ruling parties in the past legislature, who claim that with this agreement Kosovo loses territory.

After coming to the head of the Kosovo government, Prime Minister Ramush Haradinaj, who in the past legislature had rejected the ratification of the demarcing agreement with Montenegro, has dismissed the state Commission's composition for marking and maintaining the state border, naming new compounds at the top of Buljaj's Shqim. The new commission has started reviewing the whole process to find alleged errors in border demarcation with Montenegro.

Politologist Ramush Tahiri tells Radio Free Europe that all this delay in completing this process has not yet been reasoned with any new facts confirming Kosovo is losing territory.

Unfortunately, our government is unaware of the damage being caused and insisting on the issue that Kosovo loses territory and that they are unable to sign a territory-losing agreement. However, they are not presenting any evidence that Kosovo loses territory. These are not even saying that administrative borders will become state borders. If they say so, then they have a starting point and they can criticize the Mehaʹ commission that has made a new limit. But neither the administrative borders of the former Autonomous Socialist Parliament (of Kosovo) are accepting that they make state borders”, Tahiri says.
Consequences from delay in completing demarcation

But what are the damages for Kosovo that have caused the delay in ending this issue?

European Law Professor Avni Mazrek, speaking of Radio Free Europe, stresses that the failure of the border demarcation agreement with Montenegro has blocked the visa liberalisation process. However, according to him, ratification of this agreement does not mean automatism will benefit visa liberalisation.

Also, according to him, this issue has polarised not only the political scene but also the institutional one.

Before this government, we have had polarisation of parliamentary political factors, that means, political parties that are represented in the Assembly. While, recently, there is also a conflict among institutional factors, in terms of visa liberalisation”.

“Normically both political tabors or three, in this case, try to get politically out of this process. I don't think this process will find its solution until there's a national compromise of parliamentary context”, Mazreku says.

Politologist Tahiri says the delay in ratification of the border demarcation agreement with Montenegro also produces consequences in relations with neighbouring states and international partners.

In relations with neighbouring states, the consequences are in Kosovo's subjectivity, because it is flawed without even determining a border line. The result is because this is conditional on Brussels for European integration, for continuing integration for a Stabilisation and Association Agreement (MSA), but also on visa liberalisation. Citizens (of Kosovo) have remained the only one isolated even for this concrete ~x2>, Tahiri explains.

Is there pressure for demarcation?

Kosovo institutions have less than two months left to ratify the border demarcation agreement with Montenegro, if they intend to move ahead with the visa liberalisation process. This message, representatives of Kosovo institutions, has been broadcast to both European Union officials and US Deputy Assistant Secretary of State Hoyt Brian Yee, who stayed several days ago in Pristina.

But, Halil Matoshi from Kosovo Prime Minister Ramush Haradinaj's cabinet tells Radio Free Europe that over the issue of demarcation, the prime minister has no pressure from international partners.

It is a fact that the prime minister still does not have any increased pressure, as it is called in journalism, by none of the internationals. All reports with internationals are excellent”, Matoshi says.

However, Matoshi adds that after the state commission for the demarcation and maintenance of the state border comes up with the final report, appropriate steps will be taken to move faster towards finalisation of the issue.

But, politicologist Tahiri says the issue of demarcation of the border with Montenegro is not expected to be resolved soon.

No, it is not expected soon to be solved, because the cause of this government has also been this fact with which it has come to power and now can't challenge itself”.

Even the commission has not found a solution, because on the day it was scheduled, it has had to have the facts, because it is the very people who have already disputed it for two years and have not allowed it to go to the Kosovo Assembly. Meanwhile, this commission had the chance -- unlike the previous commission -- to appear in the Kosovo Assembly, at the Commission for European Integration, to explain questions”, Tahiri adds.

Prime Minister Haradinaj, long ago, has stressed that demarcation of the border with Montenegro would likely end in Arbitrazh, since, as he put it, the Assembly does not have the votes for ratification of the current agreement, subdued in August 2015. But connoisseurs of international legal issues have stressed that this issue cannot go to arbitration without Montenegro's consent, which has already ratified the agreement.