Admission of Kosovo in CoE in Question
“In the last few days and weeks, more and more rumors are being heard that Kosovo's membership in the Council of Europe may be conditional upon the formation of the Association of Municipalities with a Serbian Majority of the Republic of Kosovo,” has said the former Head of Mission of Kosovo in Tirana and University Professor of History and International Relations in Kosovo, Sylë Ukshini in an exclusive interview with Albanian Daily News. According to him, it would be a favor for Belgrade, which has openly requested the postponement of the decision on the acceptance of Kosovo or has threatened to destabilize the situation. “Instead of accepting such a condition of Vucic, the US and the EU should have given him a firm answer.”
During the interview the senior diplomat touched upon many issues on the deadlock of Pristina-Belgrade dialogue and he is worried about the closer relations between Belgrade and Moscow challenging Brussels. In the meantime the arming of Serbia, a country that has caused crimes, deportations, mass murders and ethnic cleansing not seen since the Second World War, is proof that this country has not given up its hegemonic ambitions, said the former Head of Mission of Kosovo in Tirana and University Professor of History and International Relations in Kosovo, Syle Ukshini in the following interview:
Albanian Daily News: Although the EU had declared that "in Ohrid, the parties agreed on the implementation of the agreement for the normalization of Kosovo-Serbia relations", things have gone worse than the pessimists could have predicted. Please, Mr. Ambassador, what are the main causes of this deterioration, and what are the prospects when it seems that every channel of communication between Pristina and Belgrade is paralyzed?
Ex-Kosovo Head of Mission of Kosovo Tirana Ukshini: The Ohrid Agreement, which actually consists of the Brussels Basic Agreement (February 23, 2023) and the Ohrid Annex (March 18, 2023), had long been described as a diplomatic initiative similar to the Basic Treaty of 1972 concerning the basis of relations between the Federal Republic of Germany and the German Democratic Republic. The comparison itself might be inadequate, because while they intend to close the issue of Kosovo-Serbia relations, the German treaty aimed to keep the German issue open through détente.
In addition, the signs of mistrust between the parties to the talks are visible, while the international environment is extremely unfavorable for achieving a normalization of Kosovo-Serbia relations due to Russian aggression in Ukraine and the deterioration of relations between the EU and the USA, with Russia. And while the big ones are at enmity, even the little ones - Kosovo and Serbia - cannot reach reconciliation. Nothing big can happen in the Brussels Process as long as Belgrade does not give up its aggressive goals towards Kosovo and the idea of an endless dialogue.
The contempt for what was achieved in Brussels and Ohrid also happened a few minutes after the meeting, when the Serbian president declared with narcissistic pride that he had not signed anything. Emboldened by the justifying position of the EU, Belgrade invited the Kosovar Serbs to boycott the election of four municipalities in the north of Kosovo.
A few weeks after this boycott, Serbian police authorities, in the style of Islamic terrorist organizations, kidnapped three Kosovar policemen. Meanwhile, the international factor, instead of punishing Vucic, applauded him for the release of the Kosovo police. Apparently the lack of international reaction emboldened Belgrade, which launched a Russian-style attack on Crimea - the introduction of Serbian military and paramilitary forces into the interior of Kosovo in order to establish facts on the ground and bring the north under control and test the political mood of the West. After that, the Serbian Prime Minister sent a letter to Brussels contesting anything of the Ohrid Agreement that implied de jure or de facto recognition. Belgrade's aggressive and brutal campaign against Kosovo's membership in the Council of Europe is an indication that the Ohrid Agreement is on its deathbed.
-In your opinion, will Kosovo's admission to the Council of Europe be approved, and in the worst case scenario will with those little hopes in the EU's seriousness to get the Brussels Process out of the suffocated impasse, and secondly, how dangerous this situation will be not only for Kosovo but for the entire Western Balkans?
- First of all, it must be said out loud that, even according to the recommendations of the Greek rapporteur, the former Greek conservative minister, Dora Bakojanis, Kosovo meets all the criteria for membership in the Council of Europe. That this is the case, this was proven by the position taken by the representatives of the member states in the General Assembly of the Council of Europe, where an absolute majority voted for the admission of Kosovo. This was a historic moment, since eighty-two percent of the members of the Parliamentary Assembly from 46 countries voted for Kosovo to become a member of this pan-European institution.
But, surprisingly, in the last few days and weeks, more and more rumors are being heard that Kosovo's membership in the Council of Europe may be conditional upon the formation of the Association of Municipalities with a Serbian Majority of the Republic of Kosovo (AKShS of the Republic of Kosovo). Such a condition would be a blow to the back for Kosovo. At the same time, it would be a favor for Belgrade, which has openly requested the postponement of the decision on the acceptance of Kosovo or has threatened to destabilize the situation. Instead of accepting such a condition of Vucic, the US and the EU should have given him a firm answer.
Therefore, the conditionality of Kosovo's membership in the CoE with the issue of the formation of the Association of Municipalities with a Serbian Majority of the Republic of Kosovo also contradicts the framework of the Brussels Process and the resolution of the General Assembly of the UN on the issue of the Kosovo-Serbia dialogue, according to which, the conditionality of Kosovo's membership in European and international organizations was not required, but the facilitation of Kosovo's journey towards the EU, as well as the readiness of the "European Union to facilitate a dialogue process between the parties was welcomed; the dialogue process itself would be a factor for peace, security and stability in the region.”
- Vucic's visit to Paris was a significant development where, among other things, super modern French jets were promised to him. How do you see this arming of Serbia when it is challenging the EU and continuing its comprehensive relations with Russia? How much Russian risk exists for the EU and in your opinion, are the EU and the USA aware of this?
- That Belgrade is armed, this is not a surprise, it has been like this for more than a century and a half, when Russia and the European powers raised the Pashalik of Belgrade to a state through which they wanted to strike the Austro-Hungarian and German ambitions and together with this also the national interest of the Albanians. Serbia is the only country, at least in the Balkans, which has expanded territorially several times since the recognition of independence in 1878. Albania, Kosovo, Bulgaria, Greece, Montenegro, Croatia, Slovenia, Kosovo, North Macedonia have not suffered territorial changes since the declaration of their independence.
The arming of Serbia, a country that has caused crimes, deportations, mass murders and ethnic cleansing not seen since the Second World War, is proof that this country has not given up its hegemonic ambitions. 25 years after the end of the Second World War, German Chancellor Willy Brandt made the historic kneeling on behalf of Germany in Warsaw and asked for forgiveness for Hitler's crimes, in Serbia the current Serbian political class glorifies Milosevic's crimes. At least in the mass cemeteries in Serbia, namely in Batajnica, where the Albanian civilians executed in 1998/99 were buried, it was possible to erect a memorial and lay wreaths as a sign of apology for Milosevic's crimes. On the contrary, the political class in Serbia is not giving up the denial of the crimes, or the doctrine of Greater Serbia, which has remained unpunished even today. The Serbian political platform and the "Serbian world", is a copy of the idea of the "Russian world", which was presented to the public in 2007. According to this platform, the Serbian goal is the conquest of Kosovo, Montenegro and part of RS in Bosnia and Herzegovina.
- Let me go back in time to the US-Kosovo-Serb high-level meeting at the White House and its agreements. What do you think happened to his results…?
- I think that the change of the American administration, the departure of Trump and the arrival of Biden changed the dynamics of events. Likewise, there was a change of government and state leadership in Kosovo, while the previous leadership was sent before the Special Court in The Hague. It seems to me that this situation was well exploited by the Europeans, who simultaneously and inexplicably renounced the final, Comprehensive and legally binding Agreement. I don't know how true they are, but a few days ago a medium published a statement by the EU mediator, Miroslav Lajçak, according to which he claims that "with the change of government in Pristina, Kosovo's approach to the talks also changed," namely to the final agreement. This should not be passed in silence, there should be an affirmation or objection, at least from the Kosovar representative in the Brussels talks.
Of course, the issue of the Ukrainian war is a handicap for us, since the US has all its political, military and financial focus on this great war of the Ukrainian people, which I am convinced will end with the Russian defeat and this aggression will have the epilogue of a "second Afghan".
Whereas, the way the EU treats Kosovo and how it has developed the dialogue for thirteen years in a row, it seems clear that things must be changed if we really want peace, reconciliation and regional integration. I think that the EU should commit more strongly and more seriously to the recognition of Kosovo by the five member countries, because the current approach only favors Russia. It is already known that all Russian engagement in the Balkans throughout history, with a few minor exceptions, has been to undermine the establishment and success of the West in Kosovo and the region. Even the non-recognition of Kosovo by the five EU countries more than Kosovo, damages the EU itself, its cohesion to appear as a credible actor on the international stage. Seen from this perspective, I am of the opinion that the key to the normalization of Kosovo-Serbia relations does not lie in Belgrade, but in Brussels and Washington. If these two capitals want long-term stability, then balance must be created in the region, which means that Kosovo must be helped to increase its security capacities. This would simultaneously ease NATO's burden in Kosovo. I am not advocating that Kosovo become a state like Israel, but imagine an Israel with insufficient military capacities like Kosovo, how would its neighbors behave.
-How do you see the creation of the Serbian Association in the north of Kosovo and would it bring recognition of Kosovo from Serbia?
- I think that recognition does not come through the formation of the Association of Municipalities with a Serbian Majority of the Republic of Kosovo but through recognition by the EU member states themselves and by the treatment of Kosovo as a state. The association is only a trap to prolong the dialogue and not reach a final agreement. Leaving aside the noise of Belgrade and the traditional victimization, Kosovo Serbs have all the rights as a community, even more rights than any other community within Serbia, more than the Albanians of the Presevo Valley, more than the Bosniaks of the historical province of Sanjak, more than the Hungarians of Vojvodina, more than the Romanians, more than the Croats and the Bulgarians.
Kosovo Serbs have all political, economic and national rights: the right to education, the right to use all of them in the institutions of the state of Kosovo, they have radio and television and a university. Although they are a minority of less than five percent, they have 10 guaranteed seats in the Assembly of Kosovo, in the Government there is always at least one Minister from the Serbian community as well as at least two deputy ministers. Also, according to the Constitution of the Republic of Kosovo, candidates for judicial positions of basic courts, under whose jurisdiction is included exclusively the territory of one or more municipalities, where the majority of the population belongs to the Kosovo Serb community, can be recommended for appointment only from the two members of the Council who elect the deputies of the Assembly, who hold the seats reserved or guaranteed for the Serb community in the Republic of Kosovo, who act jointly and unanimously.
The association as an NGO was also foreseen in the Ahtisaari Plan, but this was required to be done after the plan has been accepted by Belgrade, the Kosovar Serbs and by Russia, namely after it had been approved by the Security Council. So, now instead of the UN, the issue is being considered to be closed by offering the option for membership in the Council of Europe and at the same time proposing another Association, an Association that would be a lever in the hands of Belgrade, an Association that would challenge Kosovo from within and an Association that would not be loyal to the Constitution and the Government of Kosovo, but to the orders of Belgrade. It wants neither recognition nor Association, but wants the territory of Kosovo, and that without Albanians. Serbia is the only country in the region and in Europe that openly shows its unhappiness with the current borders. Until this is the case, I am skeptical that there will be normalization of relationships.
-Do you think that with the results of the June elections in the EP, Brussels' approach to Kosovo and WB in general will change?
- On April 26, this composition of the European Parliament completed its mandate on the eve of the June European elections. Of course, Kosovo should be grateful for all that this Parliament has done for it, from the unreserved support for visa liberalization to the continuation of the call for recognition by the five EU member states. The European Parliament stands out in its strong support for Kosovo as a sovereign and independent state. We hope that it should remain so in the future composition, despite some changes that are expected to occur in the constellation of political forces.
As far as the dialogue is concerned, it depends a lot on who will replace Lajcak, who after finishing his mandate on behalf of his state will lobby against the recognition of Kosovo, and Borrell of Spain. Of course, these two high-ranking European officials have represented the EU, but at the same time it must be acknowledged that they both came from countries not recognizing Kosovo and that in the past they had lobbied against Kosovo's independence. This fact is not insignificant. At the same time, the EU, as a facilitator of the dialogue, maintains a contradictory position, it does not treat Kosovo as a state but maintains a neutral position and at the same time plays the role of a mediator.
I think that Brussels, before dealing with Belgrade, should deal with the member states, which after the decision of the International Court of Justice (ICJ), have no stable political and legal reason not to recognize the state of Kosovo. If in 1991/92 the twelve European countries had obeyed the ad hoc Badinter Arbitration Commission for the recognition of new states, how is it possible that at the end of the process of the dissolution of Yugoslavia, the five countries of the EU will not respect the decision of the ICJ? It must be made clear that this approach helps Russia be a factor in the region and undermine the EU's own success and all West's diplomatic, military and economic investment in the Southeast European region since the end of the Cold War.