Unexpected developments that occurred during 2017 in Kosovo

In the first days of January 2017, French authorities arrested one of Kosovo's political leaders, Ramush Haradinaj, given an international warrant issued by Serbia's authorities. This sparked sharp reactions and protests in Kosovo. This arrest was unacceptable to authorities in Pristina.

Mr. Haradinaj's “ban by French authorities is based on a 2004 Serbian arrest sheet that is unacceptable to us. Serbia's Ministry of Foreign Affairs, MPJ has launched verbal notes through our embassy in Paris, and Minister Hoxhaj himself has been taken personally to exploit all diplomatic routes for Haradinaj to be released as soon as he was released”, the Kosovo Foreign Ministry's response said.

It was not the first time Ramush Haradinaj was arrested on the basis of Serbia's issued warrants implemented by Interpol. Ramush Haradinaj, from Serbia, is accused of war crimes. Ramush Haradinaj was acquitted in 2012, by The Hague International War Crimes Tribunal in the former Yugoslavia on all charges charging him.

Tensions in the North

At the time Ramush Haradinaj was kept in custody in France, tensions arose in the town of Mitrovica for another unexpected development on the Iber River bridge, dividing the town into two parts. Northern Serbs build a city partition wall, saying they aim at building a mall. Construction of the twom-high wall by local Serbs in the northern part of the bridge over the Iber River raised tensions between official Pristina, northern Serbs and Belgrade. Northern Serbs said the wall was part of building a mall, while the government in Pristina deemed it illegal and preventing the free movement of citizens on both sides. The government decided to destroy the wall. The middle man again became the European Union, forcing local authorities in the north to tear down the wall to build a smaller one that would truly serve a city park that took the name peace park.

“over the last few days and under the ease of the European Union office, as well as the US Embassy, the parties made up of Environment and Spatial Planning Minister Ferat Shala and North Mitrovica Chairman Goran Rakic have agreed to resolve the issue, which relates to the construction of the wall in northern Mitrovica. This solution will reduce tensions in Kosovo's north, help free movement and create a favourable environment for all citizens in the north and south of Mitrovica”, the Kosovo government's statement, led by Isa Mustafa, said.

Unresolved demarcation

As tensions between Serbs and Albanians decreased in Mitrovica, in Pristina the issue of demarcation with Montenegro deepened, the divisions between the government and the opposition deepened. The opposition claimed that with an agreement the commission made for border demarcation with Montenegro, Kosovo is losing over 8,200 acres of land. This was opposed by the government of Isa Mustaf.

The two main political leaders in Kosovo, chairman of the Kadri Veselin and Prime Minister Isa Mustafa, however, warned that the demarcation agreement with Montenegro would be prosecuted in the assembly for ratification, because the same agreement had been ratified by Montenegro. Ratification of the demarcation also required by the US was the last condition for visa liberalisation for Kosovo.

“Prime Minister Mustafa and US Deputy Assistant Secretary Hoyt Yee have talked about the process of ratification by the Kosovo Parliament of the Agreement on Marking the border with Montenegro and the need for this agreement to be ratified as soon as confirmed by the European road of Kosovo”, said in announcing the prime minister's office, Isa Mustafa. The latter, knowing he does not have enough votes from two-thirds of the Parliament to ratify the demarcation, never prosecuted him in the assembly. After these developments began divisions within the ruling coalition, which at the time consisted of PDK and LDK. With the signatures of opposition deputies, the government of Isa Mustaf was cast into a vote of confidence and with 78 votes against it, the assembly toppled the Kosovo government, paving the way for extraordinary elections. The motion of no-confidence against the government, Mustafa, was initiated by opposition political parties, but, in the session, was supported by deputies from the Democratic Party of Kosovo (PDK) who was a coalition partner with the Democratic League of Kosovo (LDK) that led with the government.

New Choices

Opposition political parties arguing the motion for the collapse of Isa Mustaf's government, before MPs presented a series of arguments, which, according to them, “why this government had to be toppled”. “The non-function of the legislature and executive and lack of decision-making in the country's interest, the Association Agreement of Serb majority municipalities that resulted in the violation of the constitution, demarcation that loses Kosovo's territory, failure to function and impasse in liberalisation, economic development, the departure of more than 200,000 Kosovo citizens, major unemployment and many other impasses. We consider the only solution is free and early and democratic elections”, Valdete Bajrami, NISMA deputy for Kosovo, said, reading the opposition motion.

Prime Minister Isa Mustafa, in turn, the no-confidence motion he led the government called “political pages without any argumental basis”. “The weaknesses and abuses created by past governments to attribute this government, this is unacceptable behavior. I estimate that the petition for the collapse of the government is due to the destabilisation of the country, through the creation and distrust of institutions and institutional vacuum, as is aimed at hiding corrupt relatives created by past governments”, argued Isa Mustafa.

Challenges in Building Government

After the collapse of the government, Mustafa, Kosovo President Hashim Thaci, announced holding extraordinary elections for the Kosovo Assembly, to be held on 11 June. Coalitions were established before elections, and country divided into two camps, coalition PAN consisting of PDK, AAK and Initiative and the other side LDK and AKR. Vetevendosje movement competed alone in elections. The elections were held without an incident on 11 June, and the Central Election Commission announced the final results. Coalition PAN, won 34 % of the vote, and secured 39 seats in parliament. The Vetevendosje movement, which ran alone in the elections, won 27 %s, thus securing 32 seats. While the LAA coalition consisting of the Democratic League of Kosovo (LDK), the Alliance for New Kosovo (AKR ) and the Alternative won 25.7 %s of the vote, securing 29 seats in parliament. 20 seats were guaranteed for minorities, where 10 seats were won by representatives of Kosovo Serbs who won over 5% of the vote. Voter turnout was 41.30%.

After this period, with major difficulties due to the small number of votes in parliament, only 61 Ramush Haradinaj is elected prime minister of Kosovo. The European Union, it urged the Kosovo government to continue the fight against corruption and organised crime, recalling again that it should move forward even in ratification of demarcation with Montenegro and dialogue with Serbia.

“Forming institutions in Kosovo, after weeks of political uncertainty, is a very important step. Kosovo faces difficult challenges, including corruption and weak rule of law, high unemployment and poor performance in the education system. These are serious obstacles to developing the economy, attracting stable investment and creating employment opportunities. The EU wants Kosovo to succeed, and urged politicians to focus on these daily issues of importance to people”.

“The EU urges the newly formed government to start immediately working on strengthening institutions and implementing necessary reforms, particularly in rule of law, fighting corruption and improving the economy, in line with the Stabilisation and Association Agreement, the European Reforms Agreement, and other relevant agreements between the EU and Kosovo. It is very important that political leaders take these challenges seriously and act effectively in the best interest of the people of Kosovo. Those in power have primary responsibility for strengthening the rule of law through a reform of the judicial system in line with the best European standards”, the EU statement said.

Dialogue with Serbia had stalled over a period due to developments and elections in Kosovo and Serbia, but implementation of previous agreements was constantly required from the EU. One such and very importantly named the justice agreement already finds application.

Adoption of 40 Judges and 13 Prosecutors

In the presence of many Western ambassadors and chief of the EU office in Kosovo, the country's President Hashim Thaci decreed 40 judges and 13 prosecutors, mostly of them Serbs who will work in northern Kosovo. With this decree, the start of implementation of the justice agreement for northern Kosovo is also marked, this agreement signed in February 2015 between Kosovo and Serbia in the EU-mediated dialogue. President Thaci, at the decree ceremony, said that “judges and prosecutors have a major role in the lives of citizens, in realising their rights and in ensuring equal access to justice”.

Kosovo is built on constitutional principles, all involvement, equality and the freedom of each individual. Kosovo has adopted adequate measures to promote a full and effective equality among members of communities in all areas of economic, social, political and cultural life”, President Thaci said, asking judges and prosecutors to work in the north to be professional.

I welcome your readiness to integrate into the Kosovo judiciary and work in accordance with Kosovo legislation. Likewise, I welcome your readiness that the prosecutor's post, respectively, will be exercised with honour, responsibility and impartiality, respecting professional ethics rules”, President Hashim Thaci said.

As dialogue with Serbia and implementation of the agreements started again, the Kosovo political scene again currents the issue of demarcation with Montenegro. Prime Minister Ramush Haradinaj, who in the first days of his rule dismissed the government commission last year and appointed another commission, warned that the demarcation agreement with Montenegro could be submitted to the Arbitrazhi Court. President Hashim Thaci calls the false cause the claim that Kosovo loses territory with the current demarcation agreement.

President Hashim Thaci has questioned the work of the new commission for demarcation appointed by Prime Minister Ramush Haradinaj and appeared extremely nervous with a statement by the chairman of the new commission for demarcation with Montenegro, Shqittim Bulaqi, who said the “commission has collected sufficient evidence proving that Kosovo has lost territory with the current version of demarkation”.

This statement angered President Thaci, who continues to believe that the agreement signed by him in 2015, which defines the border line between Kosovo and Montenegro, is in order. The usual brunettes, which for more than two years caused confusion, no longer than yesterday, returned to their trade. They again managed easily, arguing no amateur claims discovered by them, to manipulate media and through them public opinion. Thus, these individuals feed their fictional sague, which bursts into public opinion, which, as always suffers most not only because they continue to hear the same noise, but also because the lack of state responsibility for ratification of the border demarcation agreement between Kosovo and Montenegro, continues to hold citizens and Kosovo state isolated”, writes in his account, President Hashim Thaci.

The demarcation agreement has already been prosecuted in the assembly for the first time by Prime Minister Ramush Haradinaj, with the aim of the assembly scrapping the current version of demarcation so that, as Haradinaj Kosovo claims, it opens the way for new talks with Montenegro. Montenegro says the issue of demarcation with Kosovo will no longer discuss.

New tension Special Court

At the end of 2017, to cause an unprecedented tension between the government and the international presence in Kosovo, without any warning, 43 Kosovo Assembly deputies seek extraordinary hearings to abolish the Special Court for War Crimes law, this law adopted in the Kosovo Assembly in 2015.

Immediately ambassadors of the QUINT countries react strongly to this effort by the assembly's deputies. American Ambassador Greg Delaway even warns that with this action MPs may isolate Kosovo even more. I have to say I'm really desperate this came out of nowhere for the last few days. Without public debate, on an issue of essential interest to Kosovo citizens. It's embarrassing from my point of view. These efforts, if they succeed, will have deep negative effects on Kosovo's future as part of Europe. This will be viewed by the United States as a back knife. Kosovo will choose isolation instead of co-operation, and I have to say that we would hate turning the clock backwards for Kosovo in its progress to this point. International support for Kosovo is built on the idea that Kosovo will deal justly with individuals who have committed war crimes. The shift from this commitment will have extremely negative effects on Kosovo, its citizens and its relations with the United States”, reported in the US Ambassador Delawi's statement.

German Ambassador to Kosovo Christian Heldt, who says that “Special Court is an important part of the rule of law in Kosovo”, said in the same line. “The engagement in rule of law is a cornerstone for Kosovo's development. Specialised rooms are an important part of the rule of Kosovo law. Any attempt to change this law could put Kosovo back on its Euro-Atlantic course and damage relations with its closest friends”, German Ambassador Christian Heldt said. However, the possibility that with an extraordinary session the assembly will abolish the Special Court law is not yet complete. The Kosovo Assembly is on winter leave until January 15th, and the initiative of deputies with signatures continues to stand in the offices of the assembly.

At the end of 2017, Kosovo President Hashim Thaci, in his run towards the citizens, says “that we all find energy together to deal with all these important topics. From the last day of the year we leave behind, on the first day of the new year, we are the same people, with the same fate, with the same opportunities and challenges before ourselves”. / DW