How many drafts have been drafted for Association?

The international community insists that Kosovo establish association ʹ that would gather around itself municipalities in Kosovo, inhabited by the Serb majority, and its establishment, by the international factor, is seen as the “condition on terms of” in the dialogue between Kosovo and Serbia for normalisation of reports, mediated by the European bloc.

The Kosovo government has so far refused to establish association, with the argument that broad competencies of association would threaten the internal functionality of the state. However, Kosovo Prime Minister Albin Kurti has submitted a draft review for “the sole representation of the Serb community”.

The establishment of association is Serbia's continued request, but also of the Serbian List leading Serb party in Kosovo, which has the backing of official Belgrade.

Below, you can learn more about existing draft states about establishing association:

Drawt-state Manager Team
On May 2nd, in the course of dialogue between Kosovo and Serbia, the Managing Team -- consisting of four Serb representatives -- submitted the draft state for the establishment of association -- which was immediately rejected by Kosovo Prime Minister Albin Kurti, who said the document is not in line with Kosovo's constitutionality.

This document, which has access to Radio Free Europe, has 67 articles and nine chapters.

The association, according to this draft status, will be a special <x0 organisational framework, designed with the aim of protecting human and minority rights” of all residents and communities living in municipalities that are part of the Association.

The manager's team has seen to it that the Asociation Administrative Centre is in northern Mitrovica, and any non-founding municipality of it can join the Association if the Assembly of this body approves it.

As for the organisational structure, the association is envisioned to have the Assembly chosen by member municipalities which is the supreme body of association. In it, each municipality would have five representatives. But according to this draft, the association is envisioned to have seven-member boards, and this board is the executive body, selected by the Parliament, to which the institution reports it.

The Assembly also elects the chairman of the Association, while also presuming to have the Association Council as an advisory body.

It is also pre-priced to have its own administration, which reports to the Board.

The draft-status drafted by the Management Team envisions that Association has its symbols, anthem, flag and coating.

As far as competencies are concerned, the document says that the Association can adopt decisions and regulations of the Parliament, oversee law enforcement, regulate elections, re-organise and operate organs, agencies, public companies, and conduct collection and processing statistical data. The association could also propose holding referenda and announce the same at the request of 10 per cent of voters living in municipalities that are part of this body.

He may also decide to borrow, approve the annual budget, establish agencies, organisations, companies and public financial institutions, and oversee their work.

Under the competencies it is meant that association can register voters, maintain data on birth records, marriages and deaths.

According to the document provided by the REL, the association is designed to appoint the regional police commander for the four municipalities in the north [North Mitrovica, Zvecan, Leposaviq and Zubin Potok].

The Managing Team has also seen in the draft state that the Association has legal entity status, meaning it has the right to sue and sue, and to own active and real estate.

The draft board also saw the report that will have association with central authorities. Relations will be “based on principles of bilateral co-operation and exchange of information”, “promoting the interests of the Serbian community”. The association is also entitled to propose amendments to the laws, as well as to propose representatives in central organs and institutions.

This body should also have its own budget and can generate revenues based on the participation of member municipalities, offered services, taxes and the funds allocated from Serbia's budget.

The bill envisions that the natural resources found in the territory of the association's member municipalities are managed by Association, as well as interest assets such as agricultural lands, forests, and landwater.

But, Kosovo Prime Minister Albin Kurti stated on May 2nd that members of the Management Team, who have written this statute, “cline “want to create a Republika Srpska” in Kosovo reference to the majority Serb entity in Bosnia and Herzegovina that has the competency challenging central power.

Kurti's Draft-vision
Following his rejection of the draft board of the Management Team, the team, which it later said was dismissed by Kosovo Prime Minister Albin Kurti, in Brussels on 2 May, presented what he called a draft-vision on the issue of overhauling the non-US communities, respectively, of the Serb community in Kosovo.

The Kurti draft does not specifically mention Association, but it is called at Article 7 of the Agreement towards normalising reports between Kosovo and Serbia.
The parties, on February 27th in Brussels, reached this agreement, and on March 18th in Ohrid, agreed to Anex for its implementation.

This under agreement requires that the parties provide “an appropriate level of self-awareness of the Serb community in Kosovo”. The self-awareness, according to the EU mediating dialogue, is reference to the Association of Serb majority municipalities.

In this agreement, also in Article 10 it says that the parties should implement all agreements reached in the dialogue, including that of the Association.

Kurti has said that a draft status draft for association must meet certain conditions. He in this context has stressed that such a body needs “to provide members of the Serb community in Kosovo with the opportunity to promote and protect its interests through a single framework”.

In the draft division presented by Kosovo prime minister, it is presented as well as in the document of the Management Team the possibility of co-operation with Kosovo institutions, as well as “fully recognised Kosovo's constitutional characteristics”, respecting its independence and territorial integrity.

Kurti in his draft division has seen the Serb community have direct channels of communication with the executive in Pristina and have the opportunity to be financed by Kosovo and other states, including Serbia. However, all funding, according to Kurti's document, must be passed through Kosovo Ministry of Finance procedures and regulations.

The draftvision reportedly will be able to establish association in the field of Serbian culture, art, science and education, as well as association of different natures for <x0 outreaching, feeding and development of Serbian identity”, given the current law on exercising nonprofit services.

Kurti has declared that he is willing to deepen this draft-vision, but he has said that the parties must agree to the principles of association.

Kurti insists that an association not violate Kosovo's functionality and be in line with the Kosovo Constitutional Court's decision in 2015, which found that the agreement on principles to establish the Association HINA that Pristina and Belgrade reached in 2015 dealt not fully with the highest judicial act of state, but that these incompatibilities, according to the Constitution, can be harmonised with legal acts.

Rama's Draft-statuto
On June 8th, Albania's Prime Minister Edi Rama announced the opinion that one day earlier he had sent to France's president, Emmanuel Macron, and German Chancellor Olaf Scholz, a draft state for association.

Rama said he put the “in knowledge for this document as well as the American side”.

Albania's prime minister said the document is confidential.

However, he said he is convinced that this draft is “an international high-level document that takes into consideration all the reasons for creating association and that association is part of the organisation of life for Kosovo”.

This draft status, according to Rama, was drafted by independent experts and that he himself has contributed to it. However, the Albanian prime minister acknowledged that he has not consulted his Kosovo counterpart for this document.

Rama also said he is concerned about the situation Kosovo is in, and he does not want the situation to deteriorate further or sanctions on Pristina be imposed.

For me, the position of Kosovo is meaningless, because Serbia does what it has done other times. The parties are not learning who should write this text and not how to compile”, Rama added.

Draft-statute for Association drafted by FES
At the end of January of this year, German organisation Friedrich ch-Ebert-Stiftung (FES) published a draft state for the establishment of association in line with Kosovo's Constitution and legal system, as the government of Prime Minister Kurti insists.

Made up of seven chapters and 18 articles, this draft of the FES envisions the way the establishment, organisational structure, relations with central authorities, legal regulation, budget, and other aspects of the operation of association, including symbols.

According to the FES, the association can also exercise additional competencies, which can be delegated by Kosovo's central authorities.

As far as the structure is concerned, this draft status provided the association: The seat, the chairman, the deputy chairman, the Council and the Association Board.

The FES has seen several objectives of this body, such as strengthening local democracy, facilitating, financing or promoting activities that advance civic participation and democratic practices, as well as representing important interests for local democracy.

Like the draft board drafted by the Managing Team, the FES document envisions that Association has the status of judicial subject, which the Government of Kosovo is said to provide through a judicial act.

According to the document in the German organisation, the association will be funded by its members' contributions, revenues from services provided by Association, its playable or real estate, transfers from central authorities, grants, donations, as well as financial support from associations and other organisations, domestic and international, including the Republic of Serbia.

Meanwhile, in the budget, this draft state is meant to have the Association financed by contributions from participating municipalities, from the resources of services this body offers, active or real estate, transfers from central authorities, grants, donations, as well as from financial support and local and international organisations, including Serbia.

During the budget review, according to the document, the Government of Kosovo and the General Auditor may have access. The audience is also meant to do checks on this organ's expenses.

According to the FES draft state, the association will be excluded from obligations and taxes in achieving its goals, in the same way as participating municipalities.

The European Union and the United States constantly ask the government of Prime Minister Kurti to establish association. The European bloc has said it has offered Kosovo some existing European models for national minority rights. Meanwhile, the US has repeated several times that it does not support an association that would create subx0 states within the state”.

Finally, the Kosovo government has said that to create a level of self-advancing for the Serb community, it will push ahead with a Croatian model for national minorities.