Why is the draft of association being kept secret in the Kosovo-Serbia dialogue?

Political officials in Kosovo and Serbia, Artan Mujariri and Dusan Janjic, believe that the draft state of the Serb majority municipalities' association is being kept secret by the public to give time to Kosovo Prime Minister Albin Kurti and Serbia's president, Aleksandar Vucinic, to prepare the public for accepting compromises.

This draft was introduced to Kosovo and Serbia on 21 October by representatives of the European Union (BE), the United States (SHBA), France, Germany and Italy. Later, the two sides claimed the document was “acceptable for them, but details about its contents have not yet been disclosed. Kurti and Vucinqi have argued on the basis of preserving the secrecy of the contents of this document, saying that such a thing has been asked of the five Western emissaries.

Kosovo and Serbia reached agreements on Association in 2013 and later 2015 on principles for its establishment. But in 2015, the Constitutional Court of Kosovo found that the agreement was not in full accordance with the Constitution, so the official Pristina refuses to implement that agreement. On the other hand, Belgrade has insisted that the Association be formed just as reconciliation was achieved in Brussels, rather than that some provisions be harmonised with the Constitution of Kosovo, as the Constitutional Court of Kosovo has proposed.

Meanwhile, at the end of February of this year, the two sides accepted the EU proposal for normalisation of relations, and later in mid-March, the annex for its implementation. That agreement, among other things, envisions members of the Serb community in Kosovo being given a certain level of self-advancing. Afterwards, some foreign diplomats confirmed that this alone has to do with forming the Association of Serb majority municipalities.

“Changing attitudes is one of the reasons why there's not to publish the”

Political analyst and sociologist Artan Mujardiri told Radio Free Europe that Kosovo Prime Minister Albin Kurti has been strongly opposed to Association for years, so, according to him, he needs time to prepare the opinion of the new reality. The ongoing “confrontations with the former prime ministers over the issue were one of the main pillars of his political campaign. Therefore, Kurt now needs time to gradually create a new and appropriate political context, which would make rational his changes essential to access to association”, he said.

On the other hand, as Muhaxhiri points out, Serbian President Aleksandar Vuciq needs time to prepare the public in Serbia for the inevitable: “selecting a particular model and format for recognising Kosovo independence”. “The joint statement of Macroni, Scholzi and Melon for the necessity of rapid progress in the sense that Kosovo will establish association and Serbia will recognise [Kosovo] de facto, is the most clear orientation of geostragic and geopolitical plans for the future of our region”, he added.

European leaders, such as French President Emmanuel Macron, German Chancellor Olaf Scholz, Italian Prime Minister Giorgia Melon, said in a joint statement on October 27th that Kosovo and Serbia “must fulfil their obligations step by step, in parallel to”. They also said that recognition of Kosovo by Serbia is expected, which was repeated by European Commission President Ursula von der Leyen on October 30th. Leeyen explained that Kosovo should form the Association, while Serbia should recognise Kosovo documents and institutions. Muhramiri emphasises that the association of Serb majority municipalities is considered one of the main pillars of the agreement between Kosovo and Serbia “because it structurally and systematically defines long-term integration and institutional co-operation between Serb majority municipalities and Kosovo state institutions”.

Does subx0> hide” of the statute hurt the process of forming association?

Dusan Janjic of the Belgrade Forum for Ethnic Relations believes that “secret documents” and negotiations, without public participation, create room for manipulation by politicians in Kosovo and Serbia. “In fact, they misuse that dialogue for some of their political intentions. For example, he [Vuciq] says we will never know Kosovo, while Kurti I will never accept Association. Anything they agree on, if the public refuses when he hears about [the allegations], is energy loss and triggering conflict”, Janjic told Radio Free Europe. He added that “ming solutions is not healthy in a democracy”. “Draft-state as it is supposed to not be deleted at all”, praised Janjiq, who claims he had access to that document, but that he cannot provide more details.

He only said that the statute starts from implementing basic agreements in 2013 and 2015, which have been reached within the dialogue for normalisation of relations, but that it “properly defines a self-government framework for substantial autonomy of the Serb community”. “This is what exists in Croatia as the Serb National Council, this is what minorities in Serbia and Montenegro have in some way, but not in the essential sense,” he said, adding that at the moment Serbs in Kosovo have won the possible “maximum”. He confirmed that the latest Association statute well defines relations with central authorities.

For the existence of the Kosovo Serb majority municipality Association Agreement, there are currently four draft-states and drafts: Management Team draft, Kosovo Prime Minister Albin Kurti's draft review, Albanian Prime Minister Edi Rama's draft status and draft status for association drafted by German organisation Friedri ch-Ebert-Stiftung (FES). Janzic believes that the process of implementing the Association Agreement will begin early next year, so after parliamentary and local elections in Serbia, which are scheduled for 17 December.

What did Kurt say about draft status?

On November 3rd, Kurti said before Kosovo Assembly deputies that representatives of the large “pesquet” have asked guarantees that he will not publish the draft status state to avoid “misusing”. He stressed that he can only present his political assessment, and that he believes the document explains the situation regarding Kosovo's recognition. The Kosovo leader, as well, said the draft resolution “breaks off the non-recognitional legacy of the Republic of Kosovo that was cemented in the 2013 and 2015 “agreements. He, however, said that the draft official still has not accepted, but insisted that it is carefully written on the letter of the Constitution, more than its spirit. Kurti added that in the draft, it is envisioned for this document to go into consideration at the Kosovo Constitutional Court.

In Brussels' first 2013 agreement on principles regulating relations between Kosovo and Serbia, the first six points refer to the Association of Serb-run municipalities. That agreement states that this association will be founded on the basis of the statute and that its dissolution can only occur with the decisions of participating municipalities. Two years after the signing of the first Brussels agreement, Kosovo and Serbia also signed an agreement on the Association of Serb Majority municipalities, which harmonised general principles and key elements. The 2015 agreement consists of 22 provisions, which specify the legal framework, objectives, organisational structure, relations with central authorities, budget and support for the Association of Serb-run municipalities.

What do you see about Association?

The association of Serb majority municipalities is designed to gather about ten municipalities in Kosovo inhabited by Serb majority: Northern Mitrovica, Klokot, Partesh, Ranilug, Gracanica, Zvecan, Zubin Potok, Novoberda, Leposaviq and Shrpca. Under the agreements, the Association aims to represent the collective interests of these municipalities, separately in the field of education, health, urban and rural planning, as well as the economy. The 2013 agreement on Association emphasises that it will be created by its statutes and structures, on the basis of the Kosovo municipalities' Association statute.

It also says that the association will exercise additional responsibilities, depending on how they are delegated by the central authorities and that there will be a role of representation in central authorities. Under the 2015 agreement on principles to create association, the main objectives of association are: exercise a full look at the development of the local economy; exercise a thorough look at the principles of education; exercise a full look at the improvement of local primary and secondary health and social care; exercise a full look at the co-ordination of urban and rural planning; adopts measures for improving the local living conditions for returnees in Kosovo; develops, co-ordinates, facilitates research and development activities; promotes, distributes, and accons of common interest to its members; and the central authorities include them; and other local co-operation, local municipalities; and others.

Some of the goals are mentioned: strengthening local democracy; carrying out full oversight for the development of the local economy; carrying out full supervision in the field of education; providing full supervision to its members in primary and secondary health and social care; conducting full oversight in co-ordinating urban and rural planning; providing services to its members in line with Kosovo laws. Under the Brussels Agreement, the Association of Serb majority municipalities must have a Assembly, a chairman representing association before the central and outside Kosovo authorities, a deputy chairman, a council, a board, an administration, an office for complaints, while it would have to be determined by the statute.

What did Vucic say?

Even Serbia's president, Aleksandar Vuciq, has said he cannot speak in public about details of the draft state of the Serb majority municipalities' association, but that the document is a good “basis for the future”. “You see, we were brought very correctly and no details or anything went anywhere in the papers, because that's the deal”, Vuciq said. On 26 October, Vuciqi said he is fully ready for formation of Association, but added that Serbia cannot accept Kosovo's membership in the United Nations or Kosovo's independence. Then, on November 2nd, he reiterated that “is a lie that he is willing to sign Kosovo independence”.

What has the EU ordered?

Free Europe radio addressed the EU with the question of why the public is keeping the draft-statutity secret for forming association, but has not received answers. The EU's special envoy for dialogue between Kosovo and Serbia, Miroslav Lajcak, said in late October that this is a modern European way to resolve the sensitive issue of minority protection in line with the best European practices and standards and which “does not match the red lines of parties that were previously defined”. He has confirmed that both sides have had comments and questions regarding this European proposal, and has voiced hope that open questions and doubts will be clarified in the coming weeks. He warned the meeting between Pristina and Belgrade's chief negotiators to discuss future steps in implementing the Agreement for normalising relations. / REL/