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Report 223 / Europe & Central Asia

Serbia and Kosovo: The Path to Normalisation

Serbia and Kosovo must build on a recent breakthrough in negotiations and extend dialogue to sensitive issues, especially northern Kosovo’s institutions, in order to keep their fragile relationship moving forward.

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Executive Summary

The ground shifted underfoot in Kosovo in December 2012. After years of posturing, punctuated by outbursts of violence, Serbia and Kosovo began to implement a landmark agreement on border control, opening joint posts at crossings that had been variously barricaded, circumvented or burned to the ground for much of the past two years. Bigger issues, including the courts, police and municipal structures in Serb-majority northern Kosovo, are now on the agenda of a high-level bilateral dialogue facilitated by the European Union (EU). The leaders of both states seem more ready than ever to compromise, but the northern Kosovo Serbs are staunchly opposed to integration, low-level violence is increasing, Kosovo nationalists are tense, and a spark could set off intercommunal fighting. Belgrade and Pristina should seize this chance to engage in a substantial discussion on the transformation of existing structures in the North and to offer a self-governing region that fits into Kosovo’s jurisdiction based on a flexible application of the Ahtisaari plan’s features.

Kosovo and Serbia still disagree on much. For Pristina, negotiation aims at winning Serb acceptance of the Ahtisaari plan – the framework devised originally by Martti Ahtisaari, the former UN special envoy – that set in place Kosovo’s internal structure and statehood. For Belgrade, the talks concern revision or improvement of agreements that it considers flawed or unacceptable, like the Ahtisaari plan. The gulf between the two expanded during years of little direct contact, ample mistrust and fractious domestic politics. Navigating a sure route through the waters will be hard, but recent developments provide hope, as results in the early stages of the talks have thawed some of the mutual rigidity. Serbia recently crossed a threshold by affirming, at least implicitly, Kosovo’s territorial integrity and jurisdiction over the North, though still denying its independence. Both capitals seem to have ruled out the use of force to reach a solution to their political dispute.

This report looks back at the technical dialogue conducted with EU facilitation since March 2011 and forward to the next stages of the high-level political talks that began in October 2012. The sides have resolved some practical issues: trade relations, participation in regional meetings and recognition of one another’s diplomas. Others – free movement of persons, personal documents, liaison offices, civil registry and property records – have been difficult, but some results are evident. Talks on telecommunications and energy have not led to agreement, and emotional subjects like missing persons have yet to be broached. The December opening of two jointly-managed border posts is the brightest achievement to date, and potentially an important one; the border regime touches almost every aspect of the Kosovo-Serbia dispute, from mundane practicalities to fundamental status and independence issues. Yet, the sides still have to finalise details, especially on customs controls, and Kosovo and EU police (EULEX) still must be granted full free movement to reach the Serbia border and carry out their duties.

The breakthrough was the first tangible result of talks between the two prime ministers and hosted by Catherine Ashton, the EU foreign policy chief. Until now, those meetings have been mainly about feeling one another out and making decisions on agreements framed earlier by experts. It has been possible to package results ambiguously enough to allow both sides to hold to their principles concerning Kosovo status. That period is ending, however. It will be more difficult to sustain ambiguity on the next agenda items, which deal with whose law and institutions will govern northern Kosovo.

In December 2012, EU member states set tough conditions closely tied to the gradual normalisation of their bilateral relations for Serbia and Kosovo to progress on their respective EU accession tracks. To begin membership negotiations, Serbia was asked to progressively deliver security and justice structures in northern Kosovo in cooperation with Kosovo. This means making substantial progress in discussions on how the local courts, police and municipalities are to be managed. While these institutions are currently outside Pristina’s control, solutions can be found that would affirm the state’s unity, while allowing local Serbs to retain their sense of ownership.

The transformation of northern structures into self-governing bodies that fit into Kosovo’s jurisdiction could open the way for offering the North a special arrangement as part of the overall solution. Much can be accomplished by flexible application of the Ahtisaari plan with regards to police, courts and regional government. One principle should be that Kosovo’s borders remain intact; another should be that the North govern itself as it wishes when it comes to issues of community concern, insofar as this does not damage Kosovo’s territorial integrity. Pristina also wants its status as an independent state affirmed, which Belgrade currently firmly rejects. Yet even here, there is room for compromise, with Serbia lifting its block on Kosovo’s membership in regional and international organisations and participation in international sporting and cultural events. These are complex, highly emotive issues the details of which can be worked out gradually, in step with Kosovo’s and Serbia’s EU accession processes.

But the dialogue is now at a decisive point. Belgrade’s and Pristina’s positions on northern Kosovo have never been closer. If they can finalise agreements on the border and make real progress in talks on governing institutions and the rule of law in the North before the European Council (summit) in June 2013, the EU is ready to reward both. For Kosovo, negotiating a Stabilisation and Association Agreement with the European Union would ground it as firmly as the rest of the region in the accession process. For Serbia, starting formal membership negotiations would give a huge boost to its reform efforts. Coupled with Croatia’s EU accession in July, these gains would ripple through the western Balkans. But if talks collapse in the next few months, EU member-state politics would dictate a long pause that the fragile coalitions in Belgrade and Pristina might not survive, and the low-level violence that has racked the region in early 2013 could worsen. Such a promising opportunity may not come again soon, if at all.

Pristina/Belgrade/Brussels, 19 February 2013

Serbia's Changing Political Landscape

On 11 July 2004, Boris Tadic was inaugurated as Serbia's first president since December 2002. Voters chose Tadic in the second round of the election, on 27 June, by a vote of 53 per cent over the ultra-nationalist Tomislav Nikolic of the Serbian Radical Party (SRS). Tadic's victory suggests that a slim majority of the electorate wants to see Serbia on a pro-European reform course.

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I. Overview

On 11 July 2004, Boris Tadic was inaugurated as Serbia's first president since December 2002. Voters chose Tadic in the second round of the election, on 27 June, by a vote of 53 per cent over the ultra-nationalist Tomislav Nikolic of the Serbian Radical Party (SRS).[fn]In the first round, 47.7 per cent of the electorate voted and 48.7 per cent in the second round. Three previous elections (29 September and 13 October 2002, 8 December 2002, and 16 November 2003) were annulled due to insufficient voter turnout. Subsequent changes in the election law removed the requirement for a 50 per cent voter turnout and made it possible for this election to succeed.Hide Footnote  Tadic's victory suggests that a slim majority of the electorate wants to see Serbia on a pro-European reform course. However, the Radicals' strong showing demonstrates that Serbia's electorate is deeply divided, and a pro-reform course should not be taken for granted, particularly if economic difficulties continue. Most importantly, the top three vote-getters in the first round of the presidential election came from parties that were not part of the government and did not support it in parliament.

Since the election, Tadic has indicated that he will support the government of Premier Vojislav Kostunica, thereby reducing the influence of the Socialist Party (SPS). However, the office of president holds little authority over day-to-day policy-making, and Tadic's election may not necessarily translate into real change for Serbian politics. The election leaves Serbia's minority government highly vulnerable to pressure from the nationalist right as well as the pro-European centre. Upcoming country-wide municipal elections and provincial elections in Vojvodina -- both scheduled for September -- will be seen by the government as a crucial test for possible early parliamentary elections.

Despite Tadic's election, the Serbian government appears reluctant to restart cooperation with the war crimes tribunal in The Hague (International Criminal Tribunal for the Former Yugoslavia [ICTY]). Rhetoric and ever-increasing international pressure aside, it is uncertain if anyone sought by the ICTY will be arrested or transferred prior to the September elections. Reform legislation has stalled, and relations with minorities in the ethnically mixed Vojvodina province have worsened noticeably and could be subject to further deterioration.

In this presidential election, Serbia's electorate demonstrated increased sophistication and signalled that it is no longer obsessed with the politics of nationalism. The economy dominated the election debate -- neither Kosovo nor the ICTY played a significant part in the campaign rhetoric. Both the first and second rounds of the election signalled broad disenchantment with the transition process and with politics as usual. But the emergence of a new face from the oligarchy -- one-time Milosevic crony Bogoljub Karic -- as an increasingly powerful political force sends a powerful message to Belgrade's self-absorbed political elites of possible populist trends in the future.

Belgrade/Brussels, 22 July 2004