Association, “due next” for continuing dialogue

The formation of the Kosovo Serb majority municipalities' Association is envisioned with the 2013 Brussels Agreement reached in the Kosovo-Serbia dialogue. In 2015 the two countries, under the European Union's mediation, have also reached an additional agreement to establish this association. But the Constitutional Court of Kosovo has found that the principles for it are not in line with the Constitution of Kosovo, even though it has said they can be harmonised with a legal act of the Government of Kosovo.

Until Kosovo says the issue of association is a closed issue, even though it has not yet been formed, Serbia insists that the issue should be discussed again. Even at the latest meeting of Kosovo and Serbia at the expert level in Brussels, Belgrade conditioned the continuation of dialogue with the issue. The EU also insists that association should be part of the final, comprehensive agreement.

On Wednesday, the European Union has clarified that its position remains that all agreements reached in the dialogue between Kosovo and Serbia must be implemented and that the Kosovo Constitutional Court's opinion should be taken into account in implementing the Agreement to establish the Association of Serb majority municipalities.

Xhavit Beqiti, Kosovo Prime Minister Avdullah Hoti's media adviser, said the obstacles or interruption of dialogue should be seen as “part of the Serbian Government's strategy to make instructions on the” process itself.

“has been a strategy of their own to cause obstacles to this process. Postponing or delays (of meetings) are not the result of Kosovo's stance, but, as a result of the Serb government's instructions. Official Belgrade well knows that the issue of Association has ended with agreements that were made in 2013 and the principles agreement in 2015”, Beqiri told Radio Free Europe.

On the other hand, Serbia's president, Aleksandar Vuciq, has stated that all agreements with Kosovo signed in Brussels should be implemented, but not “in line with Kosovo regulations”, because, according to him, “if everything is viewed in this manner, that it be in accordance with Pristina or Belgrade regulations and not change anything”, then <x> it is impossible to reach any compromise”.

Life Krasniqi, an analyst at the Kosovo Democratic Institute, considers that during the dialogue, not only now when talking about a sensitive issue, such as Association, but later, there may be a deadlock or postponement of the process.

“We have consistently seen that Serbia has conditioned the continuation of dialogue and would not be new on their part. We have seen that Serbia has conditioned the dialogue on the removal of the tax, and then on the removal of reciprocity, and this form of conditioning dialogue on the part of Serbia, which it appears even the mediator is accepting, is a form that harms the dialogue process itself”, Krasniqi said.

Krasniqi stresses that the process of dialogue should not be allowed to also be conditioned to be blocked. She says neither the mediators in Brussels should take ground and put in first order the conditions that could come from the Serbian side.

Donika Emini, executive director of the CaviKos Platform, which unites civil society organisations, expresses the opinion that the process of dialogue can be interrupted because Serbia itself has plans and goals for the dialogue process not to be completed in a quick time, as it is claimed.

She emphasises that the issue of association as a sensitive issue is deliberately being mentioned by the Serb side at this time.

“Seeing that this issue could prolong the process, Serbia postponed the issue more sensitive in order to block the dialogue process because, in the end, this status quo convenes Serbia more than Kosovo. Looking at all of this, Vuchchiki is very strategically pushing the most sensitive issue, which the issue brings the most polarization within Kosovo and is also trying to get through with a helpless government, such as the one at Hotit”, Emini said.

However, analyst Emini, recalls that the Association Agreement has not been implemented since 2013 and, as she says, the return of the Kosovo delegation to the Brussels table and continued dialogue is not in favour of Kosovo.

There is a lack of sincerity from Mr. Hoti because it is initially known that if the dialogue returns to Brussels, the association will be discussed because it has been a job left in half since 2013, then in 2015, and is considered an agreement that has not been implemented by Kosovo”, Emini said.

In April 2013, Kosovo and Serbia, within the dialogue mediated by Brussels, had reached the first Brussels Agreement, under which the agreement was also set forth to establish an Association of Serb-run municipalities.

In 2015, but within the Brussels dialogue, the parties reached the Agreement on Principles to Establish This Association, which has not yet been experienced, despite the official Belgrade's insistence. In October 2015, this agreement was sent for interpretation at the Constitutional Court of Kosovo by then Kosovo President Atifete Jahjaga.

The Constitutional Court, in the act issued in December 2015, said that the Agreement for Association at 23 points is not in harmony with the Constitution of Kosovo and that the law act of the Government of the Republic of Kosovo and the statute that applies principles, to comply with the spirit of the Constitution, must meet constitutional standards.

The process of dialogue between Kosovo and Serbia, facilitated by the European Union, is said to have normalisation of reports and reaching a peaceful agreement between the two countries. The United States of America has a similar goal. /rel