Daniel Serwer counts Haradinaj's mistakes in draft-book dialogue with Serbia

The recogniser of the Balkan issue, Daniel Serwer, has spoken on the recent issue on the Kosovo political scene, about Kosovo-Serbia dialogue. He also spoke of the new negotiating team, but all that he has focused on is the draft book proposed by Kosovo Prime Minister Ramush Haradinaj, whom Haradinaj has called a solid institutional basis for a comprehensive, legally binding agreement with Serbia. But Serwer, you count two mistakes in this document.

Cerwer says Prime Minister Haradinaj has released a 30-page comprehensive agreement between Kosovo and Serbia.
He says that this draft book contains many things he would like, including arrangements and cross-border co-operation, the protection of Serbs and Serbian monuments in Kosovo, as well as the implementation of many technical agreements that have already been reached between Pristina and Belgrade.

But here are some obvious problems. This document is essentially a proposal for opening negotiations. From that perspective, it included serious negotiating errors that must be determined before any meeting with Belgrade. In my first reading, I see two obvious problems”, writes peaceça.net says Cerwer, broadcasts KHA.net.

1. The agreement envisions entry into force before Kosovo's membership in the United Nations. Since this could be blocked by Russia or China even if Belgrade is prepared to accept it, Kosovo can find itself disabled, pledging to give Serbia substantial benefits contained in the deal without taking a large part of ıquid pro quoić (compensation). It would be inappropriate to take this risk. UN membership must initially take place. Only after completing this should a comprehensive agreement of this kind be signed.
2. The draft of this agreement included a long list of unilateral concessions to Serbia for governance arrangements in Kosovo at the central and local level. All such concessions should be proposed as reciprocal, not unilateral. There is no reason why Kosovo should not have demands for Albanian-run areas in southern Serbia, regardless of any agreement being offered to Serbs in Kosovo.

Serwer, further says it must be admitted that reciprocity is not envisioned in the Ahtisaari agreement (from which many of these governments and other provisions) but which has now been exceeded in the event, because Serbia refused to sign.

“A sovereign state should not make unilateral concessions in its proposal unless it is certain they will be assessed. The way to determine whether Serbia is really interested is to see if they are willing to pay the price of reciprocity. If so, fine. If not, why should Kosovo accept these even before the start of negotiations?”, he says.

I see other concerns. The deal's bill included a mechanism for resolving disputes supported by the Arbitrazhi Permanent Court in The Hague. Why not the International Court of Justice? The deal's draft does not refer to cross-border co-operation between the two countries' security forces. This should be included: neither of the two countries share fortified border points, which will be in a predictable future, and may allow there to be regular consultations on national security issues, as well as dialogue between their chiefs of staff. Kosovo still does not have a full Army, but co-operation of this kind should start as soon as”, writes Cerwer.

Serwer says “me have said that Kosovo's parliament, in establishing a new negotiating team, has ruled out the idea of changing borders. This is certainly a very good thing”,
I'm pretty sure I'll find extra wrinkles in this initiative, but that's enough for now. Anyone can join me by offering suggestions and comments”, the writer of the Balkan issue, Daniel Swerwer, concludes. /Periscopi