Kosovo future status talks remain at a stalemate

Turkish Press

Kosovo future status talks remain at a stalemate
AFP - 52 minutes ago
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Vancouver Sun

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Self-determination!

Note the guy on the second picture smelling a piece of onion. Onions are great anti-tear gas protection. Who can know this better than Kosovo Albanians? If you're asking how do I know; I am a Kosovo Albanian.

Supporter of a Kosovo youth group called 'Self Determination' try to break through the police cordon and clash with police in Kosovo's capital Pristina on Saturday, Feb. 10, 2007 after a protest against a U.N. plan turned violent. Sign at left reads 'Self Determination!'. Thousands of ethnic Albanians demonstrated Saturday in downtown Pristina, protesting against a U.N. proposal for Kosovo they say does not go far enough in granting the province independence. (AP Photo / Visar Kryeziu)

An ethnic Albanian protester smells onion after United Nations police fired tear gas during a protest in the Kosovo capital Pristina February 10, 2007. REUTERS/Hazir Reka (SERBIA)

A United Nations police officer wears a gas mask during a protest in the Kosovo capital Pristina February 10, 2007. REUTERS/Hazir Reka (SERBIA)

A Kosovo Albanian police officer helps an elderly ethnic Albanian man during clashes between protesters and U.N. police in Pristina February 10, 2007. REUTERS/Hazir Reka (SERBIA)

Kosovo on Yahoo! News Photos

UN to delay Kosovo talks to accommodate Serbs

Serbs attend a protest in the ethnically divided Kosovo town of Mitrovica February 9, 2007. The protest against U.N. envoy Martti Ahtisaari's plan on the future status of Kosovo was organised on Friday by the Serbian National Council of Northern Kosovo. REUTERS/Marko Djurica (SERBIA)

A Serb boy holds a plastic rifle during a protest in the ethnically divided Kosovo town of Mitrovica February 9, 2007. The protest against U.N. envoy Martti Ahtisaari's plan on the future status of Kosovo was organised on Friday by Serbian National Council of Northern Kosovo. REUTERS/Marko Djurica (SERBIA)

A Kosovo Serb carrying a box with a toy machine gun before a protest against the U.N. plan for the southern province, in the northern part of Kosovska Mitrovica, Friday, Feb. 9, 2007. Several thousand Serbs rallied in the tense northern city Friday to protest against a U.N. plan granting monitored statehood for the troubled province. (AP Photo/Darko Vojinovic)

Kosovo police officers provide security in the ethnic Albanian half of Mitrovica, 25 miles north of the capital Pristina, February 9, 2007, as 10,000 Serbs across the river protest against a U.N. plan setting Kosovo on the path to independence from Serbia. REUTERS/Hazir Reka

U.S. Republican Sen. Lindsey Graham, right, walks with U.S. independent Sen. Joe Lieberman after a meeting with Kosovo's Prime Minister Agim Ceku, unseen, in Pristina, Kosovo, Friday, Feb. 9, 2007. Eight U.S. senators and Congress representatives visited Kosovo on Friday amid regional tensions over a U.N. plan that could give the Serbian province supervised statehood. (AP Photo/Visar Kryeziu)

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Serbs dither as ground shifts on Kosovo

By Ellie Tzortzi

REUTERS

9:22 a.m. February 5, 2007

BELGRADE – Serbian leaders dithered over Kosovo on Monday as diplomatic support for their rejection of an independence plan for the breakaway province appeared to wilt with an unexpected warning from Russia to be 'constructive'.

With a clear Serbian position on Kosovo's future complicated by internal political rivalries, a sudden chill wind came from Moscow, which Belgrade had always assumed would stop an international drive for Kosovo independence.

Russian Foreign Minister Sergei Lavrov in a weekend comment suggested it was by no means certain that Russia would use its veto in the U.N. Security Council to block independence.

Serbian party chiefs summoned by President Boris Tadic to thrash out a coherent response to the Kosovo plan of U.N. special envoy Martti Ahtisaari agreed Tadic should attend talks in Vienna next week – but only to say that Serbia was not ready to talk.

No party won an outright majority in Serbia's general election two weeks ago. Parliament has not been convened and, hamstrung by wrangling over the Kosovo plan presented last Friday, no new coalition is even close to being formed.

'The only holder of executive power, the only legitimate institution in the country at this moment is the president of Serbia. And if we don't have any other body, then it is his responsibility,' said Vladeta Jankovic of Prime Minister Vojislav Kostunica's Democratic Party of Serbia (DSS)

'We wouldn't have anything against him going to Vienna and temporarily representing Serbia's position...'

Tadic and Kostunica are rivals for power with different approaches to the looming loss of Kosovo. Tadic received Ahtisaari when he presented his plan. Kostunica snubbed him.

A Tadic statement on Monday said the new parliament should be constituted immediately, with a debate on Ahtisaari's plan, an agreed Serbian response and a newly-mandated negotiating team as its first order of business.

Local media reports said some parties proposed appealing to the U.N. for more time, while others urged convening the outgoing parliament in emergency session in order to renew the mandate of the old Kosovo negotiating team.

COOL WIND FROM MOSCOW

Kosovo has been run by the United Nations since 1999 when NATO bombing led by the United States forced late strongman Slobodan Milosevic to withdraw troops accused of killing 10,000 Albanians during a counter-insurgency war with separatists.

The Albanians, who demand independence, make up 90 percent of the population of two million in the impoverished province, cherished by Serbs as the cradle of their nation.

While it has been clear for months that Ahtisaari would not back a Serb demand to resume sovereignty over Kosovo, 'Belgrade has managed to enter the last phase of talks on the future status of Kosovo without a parliament, without a government and without a negotiating team,' the liberal daily Danas commented.

Kostunica had assured Serbs that Russia had promised to block Kosovo's independence in the Security Council. But Lavrov threw this into doubt, saying at the weekend: 'President Vladimir Putin has never said he would use Moscow's veto...over Kosovo.'

On Monday, Serbia's Blic daily cited government sources as saying Russia was warning Kostunica that 'if Serbia rejects everything, Russia will not support it, on the grounds that it is not being constructive'.

U.S. envoy Frank Wisner, visiting Kosovo, said Washington 'believes this is an excellent proposal (that) deserves full support' and he was going to Moscow to secure Russia's backing.

Russia is a member of the six-power Contact Group along with Britain, France, Germany, Italy and the United States, which has collectively set policy on Kosovo since 1999.

'I will be making the point that what was begun together should end together,' the American diplomat said.

SignOnSanDiego.com > News > World -- Serbs dither as ground shifts on Kosovo

New country, baby!

COMPREHENSIVE PROPOSAL FOR A KOSOVO STATUS SETTLEMENT

Article 1 General Principles

1.1 Kosovo shall be a multi-ethnic society, which shall govern itself democratically, and with full respect for the rule of law, through its legislative, executive, and judicial institutions.

1.2 The exercise of public authority in Kosovo shall be based upon the equality of all citizens and respect for the highest level of internationally recognized human rights and fundamental freedoms, as well as the promotion and protection of the rights and contributions of all its Communities and their members.

1.3 Kosovo shall adopt a Constitution. The Constitution of Kosovo shall prescribe and guarantee the legal and institutional mechanisms necessary to ensure that Kosovo is governed by the highest democratic standards, and to promote the peaceful and prosperous existence of all its inhabitants. The Constitution shall include, but not be limited to, the principles and provisions contained in Annex I of this Settlement.

1.4 Kosovo shall have an open market economy with free competition.

1.5 Kosovo shall have the right to negotiate and conclude international agreements, including the right to seek membership in international organizations.

1.6 The official languages shall be Albanian and Serbian.

1.7 Kosovo shall have its own, distinct, national symbols, including a flag, seal and anthem, reflecting its multi-ethnic character.

1.8 Kosovo shall have no territorial claims against, and shall seek no union with, any State or part of any State.

1.9 Kosovo shall cooperate fully with all entities involved in the implementation of and undertake all obligations under this Settlement. Kosovo and the Republic of Serbia are encouraged to cooperate in good faith on issues pertinent to the implementation and realization of the terms of this Settlement.

1.10 The international community shall supervise, monitor and have all necessary powers to ensure effective and efficient implementation of this Settlement, as set forth in Annexes IX, X and XI. Kosovo shall also issue an invitation to the international community to assist Kosovo in successfully fulfilling Kosovo’s obligations to this end.

Article 2 Human Rights and Fundamental Freedoms

2.1 Kosovo shall promote, protect and respect the highest level of internationally recognized human rights and fundamental freedoms, including those rights and freedoms set forth in the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. Kosovo shall take all necessary measures towards ratifying the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols.

2.2 All persons in Kosovo are entitled to human rights and fundamental freedoms, without discrimination of any kind on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, association with community, property, birth or other status. All persons in Kosovo are equal before the law and are entitled, without any discrimination, to equal protection of the law.

2.3 The principles of non-discrimination and equal protection under the law shall be applied and respected in particular in the areas of employment in public administration and public enterprises, and access to public financing.

2.4 The Constitution of Kosovo shall prescribe the legal and institutional mechanisms for the protection, promotion, and enforcement of human rights of all persons in Kosovo, as set forth in Annex I of this Settlement.

2.5 Kosovo shall promote and fully respect a process of reconciliation among all its Communities and their members. Kosovo shall establish a comprehensive and gender-sensitive approach for dealing with its past, which shall include a broad range of transitional justice initiatives.

2.6 All competent authorities of Kosovo shall cooperate with and provide unrestricted access to internationally recognized human rights monitoring mechanisms or organizations.

Article 3 Rights of Communities and Their Members

3.1 Inhabitants belonging to the same national or ethnic, linguistic, or religious group traditionally present on the territory of Kosovo (hereinafter referred to as Communities) shall have specific rights as set forth in Annex II of this Settlement, in addition to the human rights and fundamental freedoms provided for in Article 2 of Annex I of this Settlement.

3.2 Kosovo shall guarantee the protection of the national or ethnic, cultural, linguistic and religious identity of all Communities and their members. Kosovo shall also establish the constitutional, legal and institutional mechanisms necessary for the promotion and protection of the rights of all members of Communities and for their representation and effective participation in political and decision-making processes, as set forth in Annexes I and II of this Settlement.

3.3 The authorities of Kosovo shall be guided in their policy and practice by the need to promote a spirit of peace, tolerance and intercultural and inter-religious dialogue among all Communities and their members.

Article 4 Rights of Refugees and Internally Displaced Persons

4.1 All refugees and internally displaced persons from Kosovo shall have the right to return and reclaim their property and personal possessions in accordance with domestic and international law.

4.2 Kosovo shall take all measures necessary to facilitate and to create an atmosphere conducive to the safe and dignified return of refugees and displaced persons, based upon their free and informed decisions, including efforts to promote and protect their freedom of movement and freedom from intimidation.

4.3 Kosovo shall cooperate fully with the United Nations High Commissioner for Refugees, who will assist the competent authorities in extending protection and assistance to returnees, and who will, inter alia, undertake periodic assessments and issue public reports on the conditions of return and the situation of the internally displaced within Kosovo, and shall also extend the cooperation to other organizations involved in the return process.

Article 5 Missing Persons

5.1 Kosovo and Serbia shall, in accordance with domestic and international norms and standards, take all measures necessary to determine and provide information regarding identities, whereabouts, and fates of missing persons, in full cooperation with the International Committee of the Red Cross (ICRC) and other relevant international partners.

5.2 Kosovo and Serbia shall continue to take part meaningfully, effectively, and without undue delay in the Working Group on Missing Persons established in the framework of the “Vienna Dialogue,” and chaired by the ICRC, or a similar successor mechanism as may be established. Kosovo and Serbia shall strengthen their respective governmental institutions charged with contributing to this effort with the legal mandate, authority, and resources necessary to maintain and intensify this dialogue, and ensure the active cooperation of all administrations concerned.

Article 6 Local Self-Government and Decentralization

6.1 Municipalities shall form the basic territorial units of local self-government in Kosovo.

6.2 Local self-government in Kosovo shall be based upon the principles of good governance, transparency, and efficiency and effectiveness in public service, having particular regard for the specific needs and concerns of non-majority Communities and their members.

6.3 Municipalities in Kosovo shall have the right to inter-municipal and cross-border cooperation on matters of mutual interest in the exercise of their responsibilities, as set forth in Annex III of this Settlement.

6.4 New municipal boundaries shall be delineated in accordance with the Attachment to Annex III of this Settlement.

Article 7 Religious and Cultural Heritage

7.1 Kosovo shall ensure the autonomy and protection of all religious denominations and their sites within its territory.

7.2 The Serbian Orthodox Church in Kosovo (SOC), including its clergy and their affiliates, activities and property shall be afforded additional security and other protections for the full enjoyment of its rights, privileges and immunities, as set forth in Annex V of this Settlement.

7.3 The SOC shall be the sole owner of its property in Kosovo, with exclusive discretion over the management of its property and access to its premises, as set forth in Annex V of this Settlement.

7.4 An Implementation and Monitoring Council (IMC) shall be established by the International Civilian Representative (ICR) to monitor and facilitate full implementation of the special arrangements and protections accorded to the SOC and Serbian religious and cultural sites, as set forth in Annex V of this Settlement.

Article 8 Economic and Property Issues

8.1 Kosovo shall pursue an economic, social and fiscal policy necessary for a sustainable economy. To support, in particular, a sustainable system of public accounts, Kosovo shall establish with the European Commission, and in close cooperation with the International Monetary Fund, a fiscal surveillance mechanism. Kosovo, in preparing its budget, shall consult with the ICR.

8.2 Any international debt of the Republic of Serbia apportioned to Kosovo as a result of the debt reconciliation process, as set forth in Annex VI of this Settlement, shall be deemed to be a financial liability of Kosovo.

8.3 Immovable and movable property of the Federal Republic of Yugoslavia or the Republic of Serbia located within the territory of Kosovo at the time of this Settlement shall pass to Kosovo.

8.4 Publicly owned enterprises (POEs) and related obligations, and socially owned enterprises (SOEs) and their assets, currently under the jurisdiction of the Kosovo Trust Agency (KTA), shall be regulated as set forth in Annex VII of this Settlement.

8.5 Kosovo shall recognize, protect, and enforce the rights of persons to private movable and immovable property located in Kosovo in accordance with established international norms and standards. Claims regarding private immovable property, including agricultural and commercial property, shall continue to be addressed, where appropriate, by the Kosovo Property Agency (KPA), in accordance with Annex VII of this Settlement. Kosovo shall address property restitution issues, including those related to the Serbian Orthodox Church, as a matter of priority, in accordance with Annex VII of this Settlement.

8.6 Kosovo and the Republic of Serbia shall strive to settle directly any claims between them, which are not otherwise addressed by this Settlement, by mutual agreement, taking into account relevant international norms and standards. Kosovo and the Republic of Serbia are expected to ensure fair and non-discriminatory treatment of property and financial claims of each other’s citizens, and shall ensure fair and non-discriminatory access to their jurisdictions and claims resolution mechanisms.

Article 9 Security Sector

9.1 Except as otherwise provided in this settlement, Kosovo shall have authority over law enforcement, security, justice, public safety, intelligence, civil emergency response and border control on its territory.

9.2 Kosovo security institutions shall operate in accordance with internationally recognized democratic standards and human rights, and shall ensure equitable representation of all Communities throughout their ranks.

9.3 The International Civilian Representative (ICR) and the International Military Presence (IMP), in accordance with provisions of this settlement and in line with their respective mandates, shall supervise and guide the development and evolution of the Kosovo security institutions.

9.4 A new professional and multiethnic Kosovo Security Force (KSF) shall be established, and shall develop a lightly armed component capable of specified security functions, in accordance with Annex VIII of this Settlement.

9.5 Kosovo shall establish a civilian-led organization of the Government to exercise civilian control over the KSF, in accordance with this Settlement.

9.6 The KPC, having accomplished its goals, including the facilitation of Kosovo’s post-conflict recovery, shall be disbanded within one year after the entry into force of this settlement.

9.7 All organizations not authorized by law to conduct activities in Kosovo in the security sector shall cease to operate.

Article 10 Constitutional Commission and Elections

10.1 Immediately upon the entry into force of this Settlement, the President of Kosovo, in consultation with the Presidency of the Assembly, shall convene a Constitutional Commission to draft a Constitution, in consultation with the International Civilian Representative (ICR), in accordance with this Settlement.

10.2 The Constitutional Commission shall be composed of twenty-one (21) Kosovan members, who shall possess the relevant professional qualifications and expertise necessary for this purpose, and who shall reflect the diversity of Kosovo society. Fifteen (15) members shall be appointed by the President of Kosovo, in consultation with the Presidency of the Assembly. Three (3) members shall be appointed by the Assembly members holding seats reserved for the Kosovo Serb Community, and three (3) members appointed by the Assembly members holding seats reserved for other Kosovo non- Albanian Communities.

10.3 The Commission shall establish meaningful mechanisms to inform members of the public about its work. The ICR shall appoint representatives to assist the work of the Commission, including in developing its rules of procedure and evaluating available international models for constitution drafting.

10.4 The Assembly may not formally approve the Constitution until such time as the ICR has certified it as in accordance with the terms of this Settlement. The Assembly shall formally approve the Constitution within 120 days of the entry into force of this settlement by the current members of the Assembly of Kosovo with a two thirds majority of those members present and voting, following appropriate consultations with Assembly members of Communities who are not in the majority in Kosovo. Upon formal approval, the Constitution shall be deemed adopted by they Kosovo Assembly and shall enter into force on the first day immediately following the end of the transition period, as defined in Article 14.1 of this Settlement.

10.5 No later than 9 months from the entry into force of this settlement, Kosovo shall organize general and municipal elections in accordance with the terms of this settlement and the new municipal boundaries, as defined by Annex III of this Settlement. The elections shall be certified by a competent international authority as having met international standards.

Article 11 International Civilian Representative

11.1 An International Steering Group (ISG) comprising key international stakeholders shall appoint an International Civilian Representative (ICR), and will seek UN Security Council endorsement of the appointment. The ICR and the EU Special Representative (EUSR), appointed by the Council of the European Union, shall be the same person.

11.2 The ISG shall support and give guidance to the International Civilian Representative in fulfilling his/her mandate.

11.3 The ICR shall have overall responsibility for the supervision, and shall be the final authority in Kosovo regarding interpretation of this Settlement, as set forth in Annex IX, in particular Article 2, of this Settlement.

11.4 As set forth in Annex IX of this Settlement, the ICR shall be entrusted to exercise certain powers to ensure and supervise full implementation of this Settlement including the power to take measures, as necessary, to prevent and remedy breaches of this Settlement. Powers shall also be conferred to the ICR in his/her capacity as EUSR, as set forth in Annex IX of this Settlement.

11.5 The ICR shall have the overall coordinating role over the activities of other international organizations in Kosovo insofar as they relate to ICR’s responsibility to monitor and ensure full implementation of this Settlement, as set forth in Annex IX of this Settlement.

11.6 The mandate of the ICR shall continue until the International Steering Group determines that Kosovo has implemented the terms of this Settlement. The ISG shall provide direction on the ultimate phase-out of the ICR.

11.7 The ISG shall conduct its first review of the mandate of the ICR, on the basis of the state of implementation of this Settlement, no later than two years after the entry into force of this Settlement.

Article 12 International Support in the Area of Rule of Law

12.1 The European Union shall establish a European Security and Defense Policy (ESDP) Mission in the field of rule of law.

12.2 The ESDP Mission shall assist Kosovo authorities in their progress towards sustainability and accountability and in further developing and strengthening an independent judiciary, police and customs service, ensuring that these institutions are free from political interference and in accordance with internationally recognized standards and European best practices.

12.3 The ESDP Mission shall support implementation of this Settlement and shall provide mentoring, monitoring and advice in the area of the rule of law generally, while retaining certain powers, in particular, with respect to the judiciary, police, customs and correctional services, under modalities and for a duration to be determined by the EU Council, in accordance with Annexes IX and X of this Settlement.

Article 13 International Military Presence

13.1 NATO shall establish an International Military Presence (IMP) to support implementation of this settlement, as set forth in Annex XI of this Settlement.

13.2 This IMP shall be a NATO-led force and shall operate under the authority, and be subject to the direction and political control of the North Atlantic Council through the NATO chain of command. NATO’s military presence in Kosovo does not preclude a possible future follow-on military mission by another international security organization, subject to a revised mandate.

13.3 The IMP shall cooperate closely with, and support the work of, the ICR, the ESDP Mission, and other international organizations as may be present in Kosovo, to monitor and ensure full implementation of this Settlement.

13.4 The IMP shall be responsible for pproviding a safe and secure environment throughout the territory of Kosovo, in conjunction with the ICR and in support of the Kosovo institutions, until such time as Kosovo’s institutions are capable of assuming responsibility, on a case-by-case basis, for the security tasks performed by the IMP. Kosovo, supported by the ICR and the IMP, shall develop a process to provide a transition plan for hand-over of IMP security responsibilities over time.

13.5 The IMP shall have overall responsibility for the development and training of the Kosovo Security Force, and NATO shall have overall responsibility for the development and establishment of a civilian-led organization of the Government to exercise civilian control over this Force, without prejudice to the responsibilities of the ICR, as set forth in Annex IX of this Settlement.

Article 14 Transitional Arrangements and Final Provisions

14.1 Upon the entry into force of this Settlement, there shall be a 120 day transition period:

a) During the transition period, UNMIK shall continue to exercise its mandate in accordance with relevant UNSC resolutions, in consultation with the International Civilian Representative (ICR). The ICR shall have the authority to monitor implementation of the Settlement during the transition period and to make recommendations to UNMIK on actions to be taken to ensure compliance with the Settlement.

b) The Constitutional Framework for Provisional Self-Government and other applicable laws shall remain in effect until the end of the transition period to the extent not inconsistent with this Settlement.

c) The Assembly of Kosovo shall formally approve a new Constitution before the end of this transition period, in accordance with the terms of this Settlement.

d) If, by the end of the transition period, the new Constitution has not been formally approved , UNMIK shall amend the Constitutional Framework for Provisional Self-Government, in accordance with the terms of this Settlement. The amended Constitutional Framework for Provisional Self-Government shall remain in force until such time as the new Constitution is adopted by the Assembly.

e) During the transition period, the Kosovo Assembly, in consultation with the ICR, shall formally approve the necessary legislation, in particular as set forth in Annex XII of this Settlement, to fully implement the terms of this Settlement. Such legislation, which shall not require the further approval of, or promulgation by UNMIK, shall be deemed formally adopted by the Kosovo Assembly and shall become effective immediately upon the conclusion of the transition period, if in accordance with this Settlement and the new Constitution or Constitutional Framework as amended by UNMIK. Until such legislation has become effective, competent authorities in Kosovo shall take all measures necessary to ensure that no actions are taken that contravene the provisions of this Settlement

f) During the transition period, UNMIK and the ICR, or his/her representative, shall co-chair working groups to formulate with Kosovo the details and modalities of the transfer of authority.

g) At the end of the transition period, UNMIK’s mandate shall expire and all legislative and executive authority vested in UNMIK shall be transferred en bloc to the governing authorities of Kosovo, unless otherwise provided for in this Settlement. At this time, the ICR and IMP shall assume full responsibility for the exercise of their respective mandates, as set forth in this Settlement.

h) The legal regime governing the resolution of all residual responsibilities of UNMIK shall be established during the transition period by agreement between the UN (UNMIK) and Kosovo, in consultation with the ICR.

14.2 In close cooperation with the ICR, UNMIK shall ensure an orderly transition of the legal framework currently in force to the legal framework established under this Settlement.

14.2.1 UNMIK Regulations promulgated by the SRSG pursuant to UNSCR 1244, including Administrative Directions and Executive Decisions issued by the SRSG, and laws adopted by the Assembly of Kosovo shall continue to apply, unless otherwise provided for in this Settlement, until their validity expires, or until they are revoked or replaced by legislation regulating the same subject matter in accordance with the provisions of this Settlement.

14.2.2 Kosovo shall continue to be bound, on the basis of reciprocity where appropriate, by all international agreements and other arrangements in the area of international cooperation that were concluded by UNMIK for and on behalf of Kosovo, and which are in effect on the date of the entry into force of this Settlement. Financial obligations undertaken by UNMIK for and on behalf of Kosovo under these agreements or arrangements shall be respected by Kosovo.

In this New York Times opinion, Timothy William Waters argues that the best way to move on with the Kosovo status is to partition it. I do agree with his statement that we need a viable state if we are to create one. However, Mr. Waters ignores one key thing: that most likely Serbia wouldn't recognize an independent Kosovo even if it is partitioned. So, this trade-off that he talks about, is not likely to happen.

Further, it is not true that most of Kosovo Serbs live in the north. The majority of Kosovo Serbs live south of the Iber/Ibar river.

Third, I personally see only one scenario in which northern Kosovo becomes part of Serbia. That is, if it is exchanged with the Presevo valley. That way, Albanians in southern Serbia would join Kosovo, and Serbs in northern Kosovo would join Serbia. Of course, this would have to be done through a mutual agreement between two countries, namely Kosovo and Serbia.

Op-Ed Contributor

A Separate Peace

By TIMOTHY WILLIAM WATERS

Published: February 1, 2007

Washington

Jim Frazier

JUST a few years ago, there was guarded optimism about Kosovo’s future. Checkpoints were dismantled; the process to establish governance standards was under way. But that was before the communal riots in 2004, and before Albanians’ and Serbs’ incompatible visions for Kosovo led to deadlock last year in talks over the province’s final status. And so now, more than seven years after NATO ended Serbia’s brutal dominion over the province, the international community is about to impose a solution.

Too bad it’s the wrong one. The likely plan gives too little to Albanians and takes too much from Serbs. But there’s an alternative, if only the international community would consider it: partition. Flexibility on borders could make a fully independent Kosovo easier to govern, provide more protection for minorities and make a negotiated deal attainable. Partition is possible, and possibly the right thing to do.

Yet every proposal assumes partition must be ruled out. The United Nations plan, due to be presented Friday to the Serbian and Kosovo governments but whose details leaked last week, follows the conventional wisdom. It offers a half-state on the whole territory: Kosovo will get most of the powers of a sovereign state without full independence, and with no revision of its borders. But that combination is unacceptable to Albanians and Serbs: Albanians suffered horribly under Serbian rule and deserve full independence, yet any separate status for Kosovo poses a threat to non-Albanian minorities there.

The international community’s all-Kosovo fixation has forced it to concoct complex power-sharing schemes to accommodate two mistrustful populations before considering independence. The costs of this ‘‘standards before status’’ approach have been predictable: an uncertain investment environment, frustrated expectations and a fragility that destabilizes the region.

It would be one thing if these mutually suspicious populations were inextricably linked, but they aren’t. The majority of Serbs in Kosovo live in a small strip in the far north. Partition would allow them to continue living in Serbia. The remaining pockets would be less threatening to Albanians, making Kosovo more governable, and the small, remaining Serbian population safer.

Partition could break the negotiating deadlock. The Albanian leadership in Pristina might give up the Serb-populated north in exchange for immediate recognition and streamlined governance without international supervision. And Serbia might relax its resistance to Kosovo’s independence if it could retain the northern bit — which would ease international approval, since Russia has vowed to veto any plan that Serbia doesn’t accept.

Objections to partition are many, but not compelling. Some observers assume re-examining borders would destabilize other states. But suppressing talk about partition can have the same effect. Imagine the passions that would ignite if we opposed Kosovo’s separation from Serbia.

Others worry that partition would deprive Kosovo of the factories and mines in Trepca, in northern Kosovo. But far more necessary for the landlocked province are tolerable relations with Serbia and security of investment, neither of which is likely to follow from the United Nations solution.

Still others assert that letting Serbia keep part of Kosovo rewards ethnic cleansing. Yet everyone agrees we are justified in reducing Serbia’s control over Albanian areas; the real question is how much intrusion on Serbia’s sovereignty is necessary.

There is nothing magic or moral about Kosovo’s borders. They are an artifact of Tito’s Yugoslavia, and they never corresponded to ethnicity or contributed to social peace. If borders fail to ensure security or promote welfare, they should be changed. That’s why we favored separating Kosovo from Serbia in the first place. That is a partition, too. So why is severing a smaller part of Serbia inherently wrong?

Kosovo’s Albanians deserve real independence, and while Serbia must pay that price, individual Serbs should not suffer unnecessarily. Changing the border — reducing the partition we are undertaking — could make full, fair independence possible.

Partition isn’t perfect; it’s painful and carries risks. But the current plan will neither resolve Kosovo’s uncertain status nor prevent an entire Balkan people from once again taking to the road. Surely it would be better to move the border than the people trapped within it. That sounds like a moral argument for putting partition back on the table.

Timothy William Waters, a professor at Indiana University School of Law at Bloomington, helped prepare the indictment of Slobodan Milosevic for war crimes in Kosovo.

A Separate Peace - New York Times

Kosovo: impatience grows

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Kosovo Wins Support For Split From Serbia

U.S., European Allies Agree to Secession With Ongoing International Supervision

By R. Jeffrey Smith

Washington Post Staff Writer
Friday, January 26, 2007; Page A10

Nearly eight years after NATO warplanes intervened in a bitter ethnic conflict between Serbs and rebellious Kosovo Albanians in the former Yugoslavia, the United States and its European allies have agreed to support Kosovo's permanent secession from Serbia under continuing international supervision, according to senior U.S. and European officials.

The decision is likely to lead, possibly as early as this summer, to the formal creation of a new Connecticut-size country in southeastern Europe with membership in the United Nations and, eventually, its own army, the officials said. But a foreign diplomat posted in the capital would retain authority to fire officials and rescind legislation deemed divisive, while leaving routine matters of government to local control.

Under the plan, NATO troops would continue to patrol the new state to ensure peace and help protect minorities, but would gradually withdraw as Kosovo neared membership in NATO and the European Union.

Putting Kosovo on a path toward eventual full independence is meant to close a chapter of Balkan history marked by war, political upheaval, widespread loss of life and the destruction of billions of dollars' worth of property.

Historically a province of Serbia, Kosovo has been run by the United Nations since 1999. That year, a 78-day air campaign by NATO forced out the Serb-dominated Yugoslav army, ending its brutal war against guerrillas fighting for self-rule for the province's ethnic Albanian majority. Many members of Kosovo's Serb minority have since fled Albanian retribution.

The new plan, a culmination of lengthy diplomatic consultations between nervous continental Europeans and more enthusiastic Americans and British, is meant in part to alleviate continuing intense pressure from the Albanians for independence. Western officials fear that without official action on the issue, new violence might break out this summer.

Officials say that finally allowing Kosovo to stand mostly on its own also has a major economic impetus: They anticipate it would open the door to private investment, new Western lending and aid, supplanting more than $2.5 billion already poured into the province by foreigners since 1999 with only a slight impact on a faltering and highly corrupt economy.

Kosovo has Europe's largest deposits of lignite coal. Economic planners hope that the new state might build power plants and emerge as a primary supplier of electricity to its Balkan neighbors.

Some diplomats caution that achievement of consensus by the Western powers might not be the end of the tale: Serbia's leaders have persistently and heatedly campaigned against any forced separation of one of their country's provinces. Many Serbs now look toward Moscow to protect their interests with a veto when the matter is presented to the U.N. Security Council for a vote, likely this spring.

Moscow has privately hinted, however, that it is prepared to support the plan in exchange for U.S. and European acquiescence to the formal secession of two Russian-backed regions of Georgia. Washington and its allies oppose that Russian bid, and officials said this week they are uncertain how quickly this diplomatic dance will play out.

The eventual formal redrawing of Serbia's border by foreign powers has been widely expected since 1999. Nonetheless, the prospect of Kosovo's independence has sown anxiety among some of Kosovo's ethnically divided Balkan neighbors and even caused hesitation in Spain, where unresolved secessionist pressures persist in the Basque region.

Moreover, diplomats say no Western nation is eager to see Serbia so alienated by an imposed Western solution that it is driven more deeply into Russia's arms and excluded from eventual embrace by NATO and the European Union.

But senior Western officials affirmed at a meeting in New York in September that Kosovo's status is ripe for settlement, and diplomats are slated to gather today in Vienna to put final touches on the plan, for presentation to Serbian and Kosovo Albanian delegations Feb. 2.

Senior U.S. officials, who asked not to be named because they were not authorized to discuss details of the sensitive plan, conceded the moment is politically awkward: Serbian parties are struggling to form a new government after elections Sunday in which nationalists won the largest number of votes. At the same time, many Kosovo Albanians are angry that their most influential politician -- former rebel commander Ramush Haradinaj -- is slated to leave shortly for The Hague, for trial on war crimes charges.

But U.S. and European diplomats say former Finnish president Martti Ahtisaari, a special envoy of the U.N. secretary general, is ready after 14 months of discussions to make the plunge. He will recommend that Kosovo no longer be governed by the United Nations under a 1999 Security Council resolution that pledged to uphold the "principles of sovereignty and territorial integrity" of Yugoslavia, a nation that no longer exists.

The diplomats said withdrawal of that U.N. resolution would allow Kosovo's estimated 1.7 million Albanians, 90 percent of the population, to declare independence from Serbia. The United States, Britain and Albania would quickly recognize that step but with the continuing international controls.

Although officials in Serbia are expected to protest loudly, their government "lost control of Kosovo in the 1990s. It was theirs to keep or lose, and they lost it. We're dealing now with the aftermath of actions by Slobodan Milosevic," a senior U.S. official said this week, referring to the late Yugoslav president. Likewise, diplomats believe Albanian leaders will publicly clamor for full independence but accept this package as the best they will get for now.

Germany, which holds the rotating E.U. presidency through June, has insisted that no decision be taken without Russian approval. But its diplomats also oppose striking a deal with Moscow to support the secessions from Georgia and permanent separation of the Transnistria region from Moldova.

The sources said Ahtisaari is likely to recommend establishment of a new U.N. mission in Kosovo under the direction of a longtime friend, Dutch diplomat Peter Feith. He previously headed a U.N. monitoring mission in the Indonesian province of Aceh and worked on ethnic conflicts in Bosnia and Macedonia.

The aim of the new mission would be to help the majority Albanian population build a country where Serbs and others "can live a dignified, safe and economically sustainable life," Ahtisaari told the 46-country Council of Europe on Wednesday. Total unemployment in the province is estimated at 35 to 50 percent but is higher among Serbs.

Under Ahtisaari's plan, Feith -- whose low-key title would be international civilian representative -- would have what one U.S. official called "edict power" to remove officials or invalidate legislation, similar to the authority of the high representative who still helps govern Bosnia under terms of the 1995 Dayton peace accords. Feith's deputy is expected to be an American, and his staff would number about 100.

A separate international "rule of law" monitoring mission, under the control of the European Union, would number roughly 1,000 and exercise authority over Kosovo's troubled local police force and corrupt local judiciary. Officials said the Kosovo Protection Corps, a shadow local military force, would probably be disbanded and replaced by a NATO-trained civil defense force that would form the nucleus of an eventual Western-allied army.

Kosovo's Serbs, estimated to number 114,000, would be given control of a handful of new municipalities sprinkled across the territory. There, they could draw on money from Serbia to help finance their own health clinics and schools. Serbian religious sites, repeatedly targeted by Albanian extremists, would gain new protections, and Serb lawmakers would have the right to invoke a "vital interests" claim to block noxious legislation, officials said.

Kosovo Wins Support For Split From Serbia - washingtonpost.com

EU told to limit its future role in Kosovo

By Andrew Beatty

Kosovo’s Prime Minister Agim Çeku has warned that delaying Kosovo’s independence will undermine the province’s chances of joining the European Union and cautioned against establishing direct EU control over the province.

Ahead of the publication on 2 February of a United Nations report that will set out proposals for Kosovo’s final status, Çeku said that any further delay in granting Kosovo independence from Serbia would see the province “fall even further behind the EU curve” and would “undermine [Kosovo’s] EU perspectives”.
“We need a decision on status as soon as possible. The longer we drag on the inevitable…the more we will isolate our public,” he said.
The report by UN special envoy Martti Ahtisaari is expected to recommend that Kosovo become independent, albeit supervised by the international community.
Reacting to Çeku’s comments, Serbia’s ambassador to the EU Roksanda Nincić said the international community should avoid treating Ahtisaari’s proposal as “gospel”.
“Ahtisaari’s proposal is exactly what it says, it is a proposal. It is not a solution. It would be a grave mistake to think of it as a solution,” she said.
“A solution needs to be decided by both parties on the ground.”
There is little agreement among EU member states or the international community on whether more talks between Serbia and Kosovo would be useful and how far the two sides should be allowed to rework Ahtisaari’s proposals.
Russia has threatened to use its UN Security Council veto against any proposals that have not been agreed by Serbia.
The role of the body overseeing Kosovo’s independence is also proving controversial.
Çeku said the EU should limit its role to helping build capacity in the new government.
He said the EU and the international community should not have powers similar to those they have in neighbouring Bosnia and Herzegovina, where the Office of the High Representative (OHR) has the power to dismiss government ministers and reject laws.
“We do not need an OHR-type structure in Kosovo,” he said. “Our decision-makers may be less driven if there is a feeling that the EU stands behind to fix everything we do not get right.”
He added: “There is always the option of integrating external experts into Kosovo institutions… but this is something different from having an international veto on the process.”
EU diplomats working on Kosovo said they would wait for Ahtisaari’s proposals to see what role the EU and the so-called International Civilian Office will play.
“We are still in the planning stage, a lot depends on the recommendations. We need the status process before the EU can come and play any role,” said one EU diplomat in Pristina, Kosovo’s capital.
But some diplomats warn that Ahtisaari’s failure to reach a negotiated compromise between the Serb and Kosovo authorities means that the EU will have to have a direct role in ensuring international standards are met, particularly when it comes to protecting the province’s ethnic-Serb minority.
The EU is also keen to ensure that the ICO is not seen as a replacement for the UN mission in Kosovo, Unmik, which currently oversees the running of the province and which has proven to be as unpopular as it is powerful.
“We will not take over from Unmik, most of the responsibility will be transferred to the Kosovo authorities. It is important for the Kosovo authorities to take charge, we will not administer Kosovo,” said one EU diplomat.

© Copyright 2007 The Economist Newspaper Limited. All rights reserved.

EU told to limit its future role in Kosovo

Future outside Serbia takes shape for Kosovo

An ethnic Albanian passes by a graffiti reading "SELF-DETERMINATION" in albanian in Kosovo's capital Pristina on Wednesday, Jan.

By Matt Robinson Tue Jan 23, 2:34 PM ET

PRISTINA, Serbia (Reuters) - Kosovo will gain access to international institutions under a U.N. package that Germany and Britain say will lead to independence for the breakaway Serbian province.

A plan to be presented to major powers on Friday is expected to "advocate independence for Kosovo but with limits on its sovereignty," German deputy foreign minister Gernot Erler told Reuters in Berlin.

Independence is demanded by the 90-percent ethnic Albanian majority in Kosovo, which was occupied by NATO in 1999 to end a counter-insurgency war and has been run by the United Nations ever since. Serbia insists it must retain sovereignty.

In the Kosovo capital, Pristina, British Foreign Office political director John Sawers said the six Contact Group powers agreed a solution "should be acceptable to the great majority of the people of Kosovo, and I think that speaks for itself."

Political and diplomatic sources, speaking on condition of anonymity, gave details of the proposal U.N. envoy Martti Ahtisaari would discuss with representatives of Russia, the United States, Britain, France, Italy and Germany on Friday.

It states that Kosovo should be given "the right to seek membership of international organizations and institutions."

A Western official said these could include the United Nations, the International Monetary Fund (IMF) and the World Bank although none were identified in the text of the document.

If it passes the U.N. Security Council, Kosovo would become Europe's newest independent state and the last to be carved from what was once Yugoslavia.

RIGHT OF VETO

Russia, a friend of Serbia's with the right of veto in the Security Council, says there can be no deal unless both sides agree. German Foreign Minister Frank-Walter Steinmeier said he expected "a solution which will not be vetoed by Russia."

Diplomats say Russia may block Kosovo's membership of the U.N. but access to the World Bank and IMF will in the long run prove more important to the poor territory.

Ahtisaari, who mediated months of largely fruitless talks between the two sides last year, was due to present his proposal on a visit to Serbia and Kosovo on February 2, after which a fresh round of meetings would be conducted.

"I don't think there's going to be a fundamental renegotiation of the whole process," Sawers cautioned. Contrary to Serbian reports that the deal would be re-opened, the new talks would simply involve "fine-tuning" of the proposal.

Publication of the Kosovo plan was postponed from the end of 2006 to prevent it influencing a parliamentary election in Serbia, where ultranationalists are still strong.

The election was held on Sunday but failed to produce a clear majority and Serbia now looks headed for lengthy coalition talks just as the fateful plan for its province is launched.

Serbia's main party leaders all reject independence but are divided on how to resist an international solution.

The pro-Western Democratic Party of Serbia's President Boris Tadic appealed to Ahtisaari to delay publication further.

"Some speedy move on Kosovo could make formation of a democratic government more difficult, and that is not in anyone's interest," said Bozidar Djelic, the party's candidate for prime minister.

"These are delicate issues and we have to have full control over things such as the armed forces," he said.

Prime Minister, who is key to a coalition deal and is seeking a new mandate, said he did not care what Ahtisaari did because Serbia was unanimously opposed to independence for Kosovo and had Russia to back it up.

"It is absolutely irrelevant when (Ahtisaari) will give his proposal, before or after the government is formed," he said.

(Additional reporting by Noah Barkin in Berlin, Fatos Bytyci in Pristina and Douglas Hamilton in Belgrade)

Future outside Serbia takes shape for Kosovo - Yahoo! News

Way to independence

AP Interview: Kosovo's president counts on U.N. plan to pave way to independence

The Associated Press

Published: January 19, 2007

Kosovo's president Fatmir Sejdiu speaks during an interview with The Associated Press in Kosovo capital Pristina on Friday, Jan. 19, 2007. Kosovo's president said Friday that the upcoming U.N proposal for the future of Kosovo will pave the way to Kosovo's independence.(AP Photo/Visar Kryeziu)

PRISTINA, Serbia: Kosovo's president said Friday he was counting on a U.N. proposal for resolving the province's disputed status to pave a way for its independence from Serbia.

The proposal, to be presented within weeks, should offer "direct help in the process of defining Kosovo's final status, President Fatmir Sejdiu told The Associated Press in an interview at his office in the provincial capital, Pristina.

"We insist ... this package provide a clear formula for Kosovo's future, considering that Kosovo's people have no other determination but the determination for independence," Sejdiu said.

U.N. envoy Martti Ahtisaari — who mediated yearlong talks between Serb leaders and representatives of Kosovo's majority ethnic Albanian population — is expected to make his proposal on the province's future shortly after Sunday's parliamentary elections in Serbia.

The talks touched on issues of minority rights, security and community representation, but failed to resolve Kosovo's status, as leaders in Belgrade insisted the province be given autonomy but remain within Serb borders.

Kosovo has been administered by the U.N. since 1999, when a NATO air war halted a Serb crackdown on ethnic Albanian separatists.

EU diplomats in Brussels and other officials in Kosovo said they expected Ahtisaari, a former Finnish president, to recommend limited sovereignty for Kosovo, eventually leading to full independence.

The plan also is expected to call for continued supervision by international presence with executive and corrective powers over laws and government decisions. NATO is set to keep troops in Kosovo for several years.

Ahtisaari's proposal must go to the U.N. Security Council for approval.

Sejdiu said it was expected to lead to a new U.N. resolution that would "open the main gate leading to recognition of Kosovo as an independent state."

Ethnic Albanian leaders have said a continued international presence is necessary after Kosovo's status is resolved.

"This brings a new concept on the issue of sovereignty in this phase of development," Sejdiu said. "In this period, Kosovo wants this international help."

AP Interview: Kosovo's president counts on U.N. plan to pave way to independence - International Herald Tribune

Elections, Elections

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