“If Kosovo does not propose the Asociation Statistics itself, mediators can seek solutions outside the Constitution”

This diplomat suggests the process has reached a critical point. According to him, the international community has certain expectations regarding this process and they have already been cemented. And, according to him, the Government of Kosovo knows very well what those expectations are. In this letter, these expectations are listed and explained.

The diplomat also shows that, at the moment, Kosovo's friends are demanding a model that accommodates international expectations, but that simultaneously remains entirely within the Kosovo constitutional framework. According to this diplomat, this is also meant in the 2013 and 2015 agreements. However, this diplomat warns that if Kosovo does not propose a model of its own, then the process could be diverted. According to him, staying in the stalemate could create the situation where the international community could be forced to seek solutions outside the constitution.

At the end of the letter, this diplomat criticises the government's approach to the process and requires seriousness and commitment. He also warns that with the acceptance of the Base Agreement, the Kurti Government is already part of obligations and subject to international expectations towards Kosovo.

According to Albanian Post sources, if the Kosovo government does not propose a model of its own for Association, staying firmly behind it, very soon Miroslav Lajcak and Josep Borrell can cement a completely unfavourable model for Kosovo, based on models that cannot be accommodated within the Kosovo constitutional framework.

Below we publish the letter as a whole, without interference:

What will the Association/United Serb-run municipalities look like? What kind of organization will it be? What European experience is the reference model?

All these are essential questions in Kosovo's public record.

The people of Kosovo and its elected representatives must know what Kosovo's friends expect to achieve. At this point, wholesome public debate can be beneficial.

Below are the main features the international community expects to be included in the Association/United States.

1. A remarkable legal character.

The legal property of Association/Unibility is included in the 2013 and 2015 agreements. A crucial feature! This means that the legal personality of Association/Unibility should accommodate within itself the framework of self-management. Therefore, the association should be a Public Law Person, with the capacity to address issues at the communitarian level.

2. Direct communication channel with Kosovo Government

The Serbian side has convinced many in the international community that, despite the broad rights of communities embedded in the Constitution, no one in Pristina wants to hear and deal with their problems. Therefore, they are obliged to seek partners and solutions outside the Kosovo system. Whether this is true or not is insignificant or only partially true. What is important is that the international community expects certain commitments and guarantees, something that can create a functional system where the Government of Kosovo provides real opportunities for the Serb community to listen to and discuss with them in a comprehensive manner.

3. Serbian Community Report with Serbia

The international community has firmly cemented its position about the threat that the Serb community, like a local community living in Kosovo for many centuries, has the absolute right to know where it stands about its relations with Serbia, the people and its institutions. What will happen to their schools? What about their social services, health care, etc.?

The Kosovo government should provide a functional framework to accommodate both the continuation of these services and their slow transition to the Kosovo system. The Kosovo government must also provide a framework to accommodate Serbia's right to directly assist (financially and otherwise) the Serb community in Kosovo.

4. Self-management Frame

The international community expects Kosovo to provide a framework for the Kosovo Serb community that they have access to and organise specific issues at the local community level. The international community has no sympathy for a certain model, can be whatever as long as it functions and provides the essence of what is expected. The model to be implemented should ensure that their voice, views and opinions matter and can make changes to community-related issues.

There are only two possible ways ahead of us. A very creative legal solution within Kosovo's existing legal framework. 2: Change of Constitution.

The 2013 and 2015 agreements suggest that the solution must be found within Kosovo's legal framework. Western officials, including the US, claim they prefer a model within the Kosovo legal framework. Kosovo's existing legal framework is quite liberal and co-operative. After careful reading, legal formulas can be found that accommodate both the legitimate needs of the Serb community and the sorrows of the Kosovo leadership. However, the process could be lost if Kosovo fails to present a creative solution within its constitutional and legal framework. Kosovo must reflect and seriously address the current moment.

Kurti's letter (Vision of Prime Minister Kurti for the implementation of Article 7, dates 2 May 2023) leaves the impression that Kosovo is awaiting the drafting of a statue by the international community. There are some problems with this approach. Let's run at least two.

1. Since the Kosovo government is well-known with the expectations mentioned above, Kosovo lawyers should be able to draft a Statut in line with the Kosovo constitutional framework and the international community's expectations. After all, since it is the Constitution and their laws, they must have the necessary knowledge and expertise.
2. No Western government can blend (at least unofficially) and engage resources to produce a statute. There are many things that could go wrong with this approach, including the risk of losing trust in any of the parties. As the FES experiment showed, at best, anything can pass through the third party.

Kurti's letter also suggests that the Government of Kosovo may find it easier to work with something that is imposed on it. As Kosovo leaders are telling us that they are easier to say, “nobody asked us about this”, instead of taking responsibility and presenting a proposal.

Leaders must take responsibility and master their actions.

By agreeing to the Constitutional Agreement of February 27th, 2023, the current Kosovo government is already dedicated to everything the international community expects from Kosovo, including Association. There's no way out of this.

Kosovo's leadership and its people must understand whether, due to the government's inability to present a model that meets international expectations and, at the same time, preserves Kosovo's constitutional framework, is Kosovo itself pushing the process towards the solution of the arbitrary type.

And they never end well.