Available Online at http://ircconferences.com/ Book of Proceedings published by (c) International Organization for Research and Development IORD ISSN: 2410-5465 Book of Proceedings ISBN: 978-969-7544-00-4 IRC-2015 Istanbul-Turkey. Time for a wise and pragmatic policy; Kosovo s approach to the dialogue with serbia PhD.c. ILIR ISLAMI * European University of Tirana, Faculty of Law - Public Law ilir.islami@atk-ks.org; Pristina, Republic of Kosovo Abstract ABSTRACT: The Republic of Kosovo, as a small state in the process of being constituted, is unequivocally obliged to seriously preoccupy itself in what manner it will define its role in affairs of international character and which will be its future path in regards to foreign affairs, an eventual choice that should ensure the promotion of its vital interests. The adoption of wise and pragmatic foreign policies is of high importance considering the lessons from the past of small countries with limited military, economic and demographic capacities. First and foremost, this approach implies the undertaking of all measures required to increase the likelihood to succeed internationally by utilizing existing resources and capabilities that Kosovo possesses. By looking at the issue from this aspect, we can say that pragmatism entails a combination of realistic and practical approaches to foreign affairs with strategic support in idealism. It should be taken into account, that pragmatism as a concept has nothing to do with the fact of being strong or weak, but relates exclusively to making the right decisions at the right time. Therefore, from this point of view we can say that pragmatism reflects the ability to adapt appropriately to specific moments by maintaining strategic vision and coherence in doing politics in the state interest and the general interest of its citizens. This shall mean that, being pragmatic in certain situations of different constellations of power represents the ability to make compromises in order to achieve short-term strategic interests. The dialogue, which is currently underway between the Republic of Kosovo and Serbia, under the supervision and mediation of the European Union, is a typical example of such a wise and pragmatic approach of a fragile and underdeveloped state as is the case of Kosovo. Keywords: policy, dialogue, pragmatism, state, integration, reconciliation. Introduction The Republic of Kosovo as a small country and still in the process of being constituted is necessarily obliged to seriously preoccupy itself in what manner it will define its role in matters of international character and what will be
Ilir Islami its future path with regards to foreign relations, which choice shall be in a role that could advance its vital interests. It is so for the fact that, as it is known long ago, it is very impotrtant for small countries with limited military, economic and demographic capacities to adopt a wise and pragmatic foreign policy. First and foremost, this approach implies the undertaking of all measures required to increase the probability of success in the international arena by utilizing the existing resources and capacities of Kosovo. By approaching the problem from this point of view, we can say that pragmatism entails a combination of realistic and practical approaches to foreign affairs with a strategic support in idealism. It should be taken into account, that pragmatism as a concept has nothing to do with the fact of being strong or weak, but it relates exclusively to taking the right decisions at the right time. Therefore, from this point of view, we can say that pragmatism reflects the ability to adapt appropriately to specific moments by maintaining strategic vision and coherence in doing politics in the interest of state and in the general interest of its citizens. This shall mean that, being pragmatic in certain situations in different constellation of forces represents the ability to make short-term compromises in order to achieve long-term strategic interests. The dialogue which is currently in progress between the Republic of Kosovo and Serbia under the supervision and mediation of the European Union is a typical example of such a wise and pragmatic approach of a fragile and underdeveloped state as is the case of Kosovo. Talks which are in progress between Kosovo and Serbia derive from the Resolution 64/298 adopted in 2010 at the General Assembly of the UN, supported by the opinion issued by the International Court of Justice on the legality of the declaration of the independence of Kosovo whether it is or not in accordance with the international law, and through this resolution, it has urged the European Union to start negotiations between Kosovo and Serbia to normalize relations between them and find a way and consent to improve the lives of citizens without distinction between ethnic groups. Their focus is concentrated on transforming and improving relations between the two countries that have disagreements disputes and disputable issues with each other. In fact, the normalization of relations between them is the first stage after a fragile peace and the achieved success in this direction opens the way towards sustainable peace, not only for the two countries involved in the process but also for the entire region. Therefore, the normalization of relations through this dialogue is a transitional process - from a tense situation of interstate relations to another stage which is pretended to be characterized by better neighborly and mutual relations between the two countries. So the goal of the talks on normalization of relations between the two countries consists in the fact that, through them, both sides are required to make changes, compromises and find solutions to issues they consider together at the moment as unsatisfactory. The Spectrum of issues considered by the negotiating parties as currently not normal issues which should be normalized through these talks actually constitute the agenda of the dialogue between Kosovo and Serbia. 1. Kosovo approach towards the dialogue with Serbia For Kosovo side, the issues that can be considered as not normal and which have set the agenda of talks with Serbia are as follows: existence of parallel and illegal structures in the northern part of Kosovo and to a lesser extent in other parts of Kosovo, as well; further failure of the Kosovo authorities to exercise full sovereignty in the northern part of Kosovo, non-recognition of customs steps of Kosovo from Serbia and the inability to access taxpayers in the north of Kosovo; constant obstacles made to Kosovo to participate in various regional events and beyond, as an independent state, and above all, non-recognition of Kosovo's independence by Serbia and its constant efforts to undermine any achievement in Kosovo statehood at both domestic and international levels. Whereas, for the Serbian side, the following are considered as not normal aspects in relation to Kosovo: 2
Time for a wise and pragmatic policy Kosovo s approach to the dialogue with Serbia Serbia's inability to advance in the agenda of European integration because of current relations with Kosovo, and Its losses both in economic and in political terms from interference in the internal affairs of Kosovo and its claim to free itself from the inherited problems. From the international viewpoint, aspects that have previously been or currently are considered irregular especially deal with: the lack of inter-state dialogue between Kosovo and Serbia and the continuation of a situation characterized by instability and unsustainable peace in the region; the inability of the EU to continue with its policy of expansion with aspirant countries which still have unresolved issues; the risk that the EU non-engagement would present in the relations created between Kosovo and Serbia for projects invested by the international community in the region in the past twenty years; and the EU intention to play a more active role in the region and the world. So, found at such a triangle of diverse perspectives, the most pragmatic approach of the political establishments of the Republic of Kosovo was how to address issues considered as not normal by all parties, in a way which at the end shall afford three strategic goals to Kosovo: - Normalization of relations between Kosovo public institutions and citizens of Serbian ethnic community living in the north of Kosovo, by offering them security, public services, rule of law, economic assistance and democratic governance; - Normalization of relations with the Republic of Serbia by solving step by step all outstanding practicle and technical interstate issues and by accepting the mutual recognition de facto as two separate international subjects; and - Normalization of relations with the European Union to speed up the process of EU integration and coordinating our joint efforts to meet the required criteria. Under such circumstances, if Kosovo authorities had chosen not to engage in the dialogue with Serbia, then, it would be a choice with very negative consequences for the future of Kosovo and its citizens. The illegal structures in the northern part of Kosovo would jeopardize the safety, the institutional functioning and the entire political stability and peace achieved with a lot of efforts and sacrifice in Kosovo. The Republic of Kosovo would have lost the support and as such would delay in the process of European integration and at the same time the relations with key international partners and friends would be severely damaged. Moreover, non-engagement of Kosovo in the dialogue with Serbia, would inevitably lead to a deepening of the dispute and also a confrontation of smaller or larger extent might happen. This, then, would endanger the fragile peace and stability in the region. Moreover, the determination of Kosovo authorities not to be involved in this dialogue possible would also have extremely negative consequences on Kosovo's journey to complete international recognition of its statehood as a prerequisite in many cases for membership in regional and international organizations. Whereas, countries that are positioned against the independence of Kosovo would have one more argument that Kosovo is not ready to solve the remaining bilateral issues peacefully through civilized negotiation. It is important to note that the start of dialogue for normalization of relations with Serbia for Kosovo authorities was not easy at all, where, in fact, signs of skepticism were shown in a great mass of population in Kosovo, especially having bad experiences along history when it comes to the Serbian diplomacy, unwillingness on their part to apologize on behalf of their country for crimes committed by the state and its high degree of violation of human rights in Kosovo, then, their prolonged delays to return 1,700 missing persons bodies to Kosovo and also the unwillingness to fulfill their obligations for compensation and repairment of socio-economic damages caused in 3
4 Ilir Islami Kosovo. But, in fact, the pragmatic policy is always linked with taking decisions which are in the interest of citizens, regardless of the fact that there may be resistance and current opposition to such a policy. Despite the fact that the dialogue conducted so far with Serbia is not at all an easy process for Kosovo taking into account the experiences of the negotiations developed earlier by the Serbian authorities, Kosovo authorities including here a broad political spectrum had a very pragmatic and unified, coherent and committed approach to reaching a comprehensive agreement with Serbia to open thus the way for normalization of relations, interstate mutual recognition and advancing the process for full integration of Kosovo in the international organizations and institutions. Based on this fact, Kosovo authorities have given this dialogue priority over many other issues and actions at the country level which, the Government of the Republic of Kosovo through various strategic documents has determined to move further in the fields such as economy, rule of law and European integration. The general principle which Kosovo engagement in these negotiations is based on has been the approach in understanding how the dialogue will reflect the resolving of many problematic issues that are within the territory of Kosovo, provided that Kosovo's participation in the negotiations should be guided by the Constitution and laws of Kosovo. In this sense, the Kosovo party platform in these talks was the Ahtisaari Plan and the resolution adopted by the Assembly of Kosovo which authorizes the Kosovo Government representatives to engage in talks with Serbia where its sovereignty, political status, territorial integrity and any potential constitutional amendment are not negotiable. In these talks with Serbia, the negotiating power of the Government of the Republic of Kosovo is much stronger compared to previous negotiations with Serbia, organized earlier on, due to the strong international support for Kosovo's statehood, due to its proved constructive stand for conflict resolving, due to the significant number of recognitions, treatment of ethnic groups according to European standards, their representation in public institutions and other listed achievements. 2. The Agreements reached shall contribute to the strengthening of Kosovo statehood and sovereignty Within the dialogue for the normalization of relations between Kosovo and Serbia two levels of talks are involved: talks at technical level and those at political level. Technical level talks have first started in March of 2011, and many of the outstanding technical issues between the two countries were inclided in these talks and a series of important agreements specifically related to: regional cooperation, integrated border management, regulation of customs steps, return of cadastral books and also data on civil registry and mutual recognition of university diplomas have been reached by the talks at this level. These talks, which continue further on are represented by senior political representatives from Kosovo and Serbia, and also a number of experts in various fields were engaged within such teams. The Agreements reached so far from these technical talks regulate certain fields, but generally they contribute to the strengthening of statehood and sovereignty of Kosovo, thereby improving the lives of citizens on both sides of the border. In this regard, the agreement signed in 2011 which deals with freedom of movement aims to facilitate the free and peaceful travel of citizens in the territory of the other state. Moreover, the agreement for the civil registry aims to bring back the civil registry seized by the Serbian authorities during the war in Kosovo, to create a reliable civil registry for all people of Kosovo. Furthermore, the agreement signed in 2011 related to the recognition of university diplomas which aims to mutual recognition of university diplomas, opens perspectives for the Albanian students who live in Serbia to register their diplomas obtained in Kosovo and use them to apply to the labor market in this country. Whereas, the signed agreement on customs stamps aims to ensure free movement of goods in accordance with the rules deriving from the agreement on CEFTA. This agreement also marks the beginning of the process of reciprocity in trade between Kosovo and Serbia based on European standards and the rules of CEFTA. When we talk about the technical level talks there may be noted that one of the most important agreements reached to date at this level is the one signed in 2011 on integrated border management, an agreement which is now being implemented in satisfactory extent in six border crossing points between Kosovo with Serbia, after a delay from the
Time for a wise and pragmatic policy Kosovo s approach to the dialogue with Serbia Serbian side at the beginning of its implementation until the end of 2012. The signing of the agreement on integrated border management as an interstate agreement is a great achievement, because such an agreement is nothing less than mutual recognition of the border between the two states. The implementation of this agreement is a obvious signal that Serbia has recognized the territorial integrity of the Republic of Kosovo meaning also the recognition of Kosovo state institutions, such as the police and customs. This is an example that apparatenly shows the correct and pragmatic approach of Kosovo at a particular time moment. Whereas, the agreement reached in 2013 related to the representation and regional cooperation aims to ensure a more effective regional cooperation. Within this agreement, the Republic of Kosovo has managed to ensure a representation in regional forums and organizations and also ensured its sovereign right that its own representatives talk on its behalf and the right to sign bilateral and multilateral agreements as an independent state. The agreement on liaison offices reached between these two countries in 2013 marks another important step to the normalization of the relationship between Kosovo and Serbia, where the duty and responsibility of the liaison officers that will be engaged to such missions is to monitor all the issues dealing with the normalization of the relations and address daily issues that may occur. Of course, Kosovo would like to do more in this direction, such as the opening of an embassy of Kosovo in Belgrade as well as establishing full diplomatic relations with Serbia. However, the Republic of Kosovo has currently accepted a pragmatic option, which is the first step to the later establishment of diplomatic relations. The agreement on liaison offices is actually a step to the acceptance of the independence and sovereignty of Kosovo by Serbia and at the same time this agreement is in accordance with the international diplomatic law the Vienna Convention on Diplomatic Relations 1961. This approach of Kosovo authorities, step by step assists directly in the strengthening of trust and facilitation of direct communication between the twp countries. This achievement of Kosovo clearly shows how it and the Kosovo politics has chosen a wise and pragmatic policy in order to achieve a much greater goal that of the official recognition of the statehood of Kosovo by Serbia. Whereas, regarding the dialogue at the political level, which started between the representatives of both countries in October 2012 in prime-minister level, the nature of talks is related to more comprehensive political topics and this political dialogue is mediated by the senior EU representative for Foreign Policy and Security. As a result of the many talks between both parties, on 19 April 2013 there was reached the first historical inter-state agreement between the Republic of Kosovo and the Republic of Serbia, which agreement emphasizes the basic principles regulating essential issues for the normalization of the relations between the two countries. The first agreement of principles regulating the normalization of relations also known as the Brussels Agreement represents the first inter-state agreement in a political level between Kosovo and Serbia since the declaration of independence of Kosovo in 2008, and as such it paves a very good basis for the solution of all disputed issues between the two countries. By means of this agreement, Serbia has accepted the sovereignty and territorial integrity of the Republic of Kosovo, and de facto has accepted the reality that Kosovo is an independent state and joint partner in the process of European integrations. This agreement represents also the end of a long one hundred year period of conflicts and disputed between Kosovo and Serbia. The Brussels Agreement does not serve only as a basis for the commencement of normalization of inter-state relations, but it serves also as a trigger of the final reconciliation process between the two parties. It has opened the perspective of strengthening the statehood of Kosovo in the international arena and opened the path for further recognitions and the possibility that it will become a member of various international bodies or organizations as soon as possible, on the other side, the signing of this agreement has an impact also on the stabilization of the entire region and thus also in the stimulation of regional economic integration and cooperation. 1. Conclusions The agreement on normalization of the relations between Kosovo and Serbia is in harmony with the Constitution of the Republic of Kosovo which guarantees that the Serbian community shall enjoy all political, economical, social and cultural rights. This agreement also opens the perspective for establishing a more sustainable stability with the 5
Ilir Islami north of Kosovo through the gradual extension of sovereignty to that part. The Brussels Agreement, between Kosovo and Serbia represents an important historical moment and a good chance to improve relations as two independent countries and it also represents a good possibility that will open a path for good neighboring relations which would have a positive impact on both parties in their EU integration process. One of the most important achievements within this agreement is the mutual agreement that none of the parties shall block nor interefere at other countries to block the advancing of the other party in their aspirations towards EU integration. This mutual agreement is a promising example that the European integration path for both countries shall be easier and faster. This item of the Brussels Agreement was necessary to ensure that the European integration process of Kosovo shall not be obstructed by Serbia and also on the other side to make sure that Kosovo shall not encourage EU memberstates to obstruct Serbia in this EU integration process. Of course, Kosovo would have been in a more favorable position if it had signed a peace treaty with Serbia, thereby it would have ended all the unsolved inter-state issues and discussions which would have lead to the complete normalization of the relations between two countries. However, the Brussels Agreement clearly shows that, through a quite pragmatic approach, Kosovo was able to reach an agreement which, in the end if analyzed well, means the acceptance of political and institutional existence of Kosovo and its statehood. This approach enabled to overcome the blockage that prevailed for a long period in the Kosovo-Serbia relations and also enalbled the transformation of the stand of Serbia towards Kosovo from a non engagement position to a position of inter-state institutional cooperation, resulting in the positive transformation of the EU stand towards Kosovo itself. Having in constant focus an approach for a wise and pragmatic policy, there are real probability that the inter-state issues between Kosovo and Serbia shall be solved within the European integration process. The EU, ever since the beginning of the dialogue proclaimed its final stand that Serbia, before EU integration, must reach an agreement with Kosovo for complete normalization of inter-state relations, an agreement that would solve the disputed issues, that shall remove all possible obstables in Kosovo s path to EU integration. Moreover, in a close future, as a result of a constructive approach of Kosovo authorities towards the dialogue with Serbia, there derived the new condition by the EU for Serbia, an issue envisaged within the framework of integration negotiations. The EU shall request Serbia not to block Kosovo in its European path, to reach a comprehensive legally binding agreement, to demark the border with all its neighbors including Kosovo, to implement all agreements signed with Kosovo up to now as well as to act constructively in issues of regional interest. The condition to not block Kosovo s European path shall serve Kosovo to apply for membership at the Council of Europe, as a pan-european organization and that the membership in this organization is a part of the path to EU integration. In the spirit of this dialogue, above all, it can be concluded that the most important aspect in this process is the obligation of Serbia to normalize completely the relations with Kosovo and to close this process by a legally binding agreement allowing Kosovo and Serbia to exercise their rights and responsibilities. Focusing on the need for comprehensive normalization of relations, in other words, means the need to solve all the remaining political, economical, social and technical issues between two countries. Consequently, the need for mutual recognition of both countries as well as the acceptance into the UN and other international institutions is included here. Finally, without solving the issue of mutual recognition and acceptance of the Republic of Kosovo into the UNO and other international organizations, we cannot have a full normalization of relations between Kosovo and Serbia. The reference for reaching a legally binding agreement between two countries until the end of the process of negotiations for EU integration, is decisive to ensure that the full normalization of the relations shall not remain only a rhetoric issue, but a legally binding agreement which should be implemented in its entirety by all parties involved in this process and at the same time it shall serve instead of a peace treaty and as a legal act for mutual interstate recognition. 6
Time for a wise and pragmatic policy Kosovo s approach to the dialogue with Serbia Although Kosovo authorities have continuously shown political constructivity by leading a wise policy and by having a pragmatic approach throughout all talks conducted so far, they must not make compromises on the substantial values of Kosovo, which are the political independence, sovereignty, democracy, multi-ethnicity and secularism. Kosovo respects and promotes the highest level of human rights and basic rights and in this regard it is engaged in the promotion of the best politices and practices supporing peace, tolerance and the inter-cultural and inter-religious diversity. References: 1. The analysis of the implementation of the technical agreement between Kosovo and Serbia, Report), Report, KIPRED, 2013 Pristina; 2. Development Group: Away from the citizen close to the EU; Kosovo-Serbia talks, May 2012 Prishtinë; 3. The Dialogue mediated by the EU: The Integrated Border Manafement Agreement, A Statement for press of the European Council (2 December 2011, Brussels); 4. Group for Legal and Political Studies: Agreement between Kosovo and Serbia on Customs stamps, September 2011, Pristina; 5. Constitution of the Republic of Kosovo, Pristina 2008; 6. Law No. 04/L-199 on the ratification of the first international agreement of principles regulating the normalization of relations between the Republic of Kosovo and the Republic of Serbia, Kosovo Assembly, June 2013 Pristina; 7. Agreements signed in the technical talks between Kosovo and Serbia, 2012 Pristina; 8. The Advising Opinion of the International Court of Justice (ICJ), 22 July 2010; 9. The Report of the Group of Crises for Europe N 223, Serbia and Kosovo-The path towards normalization 19 February 2013; 10. The Resolution of the General Assembly of UNO 64/298, 9 September 2010, sponsored by EU and Serbia; 11. The first resolution of the Assembly of Kosovo on the dialogue between the Republic of Kosovo and Serbia, 10 March 2011 Pristina; 12. The second resolution of the Assembly of Kosovo on normalization of relations of Kosovo and Serbia, 18 October 2012 Pristina; 7