Kosovo–Serbia relations

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Kosovan–Serbian relations
Map indicating locations of Kosovo and Serbia

Kosovo

Serbia
Coat of arms of Kosovo.svg
This article is part of a series on the
politics and government of
Kosovo
Constitution and law
Coat of arms of Serbia small.svg
This article is part of a series on the
politics and government of
Serbia

The Republic of Kosovo declared their independence from Serbia in 2008, a move which Serbia rejects. Initially there were no relations between the two, however following years have seen increased dialogue and co-operation between the governments of Kosovo and Serbia.

Reaction to declaration of independence[edit]

Serbia strongly opposed Kosovo's declaration of independence, which was declared on 17 February 2008. On 12 February 2008, the Government of Serbia instituted an Action Plan to combat Kosovo's anticipated declaration, which stipulated, among other things, recalling the Serbian ambassadors for consultations in protest from any state recognising Kosovo, which it has consistently done.[1][2] Activities of ambassadors from countries that have recognised independence are limited to meetings with Foreign Ministry lower officials.[3] The Serbian Ministry of the Interior issued an arrest warrant against Hashim Thaçi, Fatmir Sejdiu and Jakup Krasniqi on 18 February 2008 on charges of high treason.[4][5]

On 8 March 2008, the Serbian Prime Minister Vojislav Koštunica resigned, dissolving the coalition government, saying it was too divided over the Kosovo situation to carry on. A pre-term parliamentary election was held on 11 May 2008, together with local elections.[6][7] President Boris Tadić stated that the government fell "because there was no agreement regarding further EU integration".[8]

On 24 March 2008, Slobodan Samardžić, Minister for Kosovo and Metohija, proposed partitioning Kosovo along ethnic lines, asking the United Nations to ensure that Belgrade can control key institutions and functions in areas where Serbs form a majority[9] but other members of the Government and the President denied these claims.[10] On 25 March 2008, the outgoing Prime Minister, Vojislav Koštunica stated that membership in the EU should be "left aside," until Brussels stated whether it recognised Serbia within its existing borders.[11]

On 24 July 2008, the Government decided to return its ambassadors to EU countries.[12] Other ambassadors were returned following the positive outcome of the vote in the UN General Assembly.[13] Serbia has expelled diplomatic representations of all neighboring countries that subsequently recognised Kosovo's independence: Albania, Bulgaria, Croatia, Hungary, Montenegro, and the Republic of Macedonia.[14]

On 15 August 2008, Serbian Foreign Minister Vuk Jeremić filed a request at the United Nations seeking a non-legally binding advisory opinion of the International Court of Justice of whether the declaration of independence was in breach of international law. The United Nations General Assembly adopted this proposal on 8 October 2008.[15] In July 2010, the ICJ issued its opinion which found that Kosovo's declaration of independence "did not violate international law".[16]

2008–2013[edit]

Since the declaration of independence, Serbia refused to deal directly with the Republic of Kosovo, but only through the international intermediaries UNMIK[17] and EULEX.[18] However, there has been some normalisation; beginning in 2011, an EU team persuaded Serbia to discuss some minor border issues with Kosovo; in February 2013, the presidents of Kosovo and Serbia met in Brussels.[19] Liaison officers are also being exchanged.[20]

On 27 March 2012, four Kosovo Serbs, including the mayor of Vitina, were arrested by Kosovo Police while attempting to cross the disputed border at Bela Zemlja back into Kosovo with campaign materials for an upcoming election. They were subsequently charged with "incitement to hatred and intolerance among ethnic groups".[21]

The following day, trade unionist Hasan Abazi was arrested with fellow unionist Adem Urseli by Serbian police manning the Central Serbia/Kosovo crossing near Gjilan.[21] Abazi was charged with espionage and Urseli with drug smuggling.[22] Serbian Interior Minister Ivica Dačić stated of the arrests that "Serbian police did not wish to take this approach, but the situation obviously could no longer go on without retaliation... If someone wants to compete in arrests, we have the answer".[22] According to his lawyer, Abazi was then held in solitary confinement.[23] On 30 March, the Serbian High Court in Vranje ordered Abazi to be detained for thirty days on espionage charges dating to an incident in 1999 in which Abazi allegedly gave information to NATO.[23] Abazi's arrest was protested by Amnesty International[24] and Human Rights Watch as "arbitrary".[21]

On 19 October 2012, normalisation talks mediated by the European Union began in Brussels with Serbian Prime Minister Ivica Dačić and Kosovo Prime Minister Hashim Thaçi, where the two PMs sat at the table and initiated talks on normalising relations between Pristina and Belgrade.[25] Reaching such a deal was a necessary condition of Serbia's EU candidacy.[26] The governments slowly reached agreements and deals on various areas, such as freedom of movement, university diplomas, regional representation and on trade and international customs. In Brussels, Serbia and Kosovo agreed that implementation of the border agreement would start on 10 December 2012.[27] A historic meeting took place on 6 February 2013, when Serbian president Tomislav Nikolić and Kosovar President Atifete Jahjaga sat at the same table for the first time since Kosovo declared independence.[28]

Following a December 2012 agreement, the two nations swapped liaison officers who worked at EU premises in the two capitals. Pristina referred to these officers as "ambassadors", but Belgrade rejected such a designation.[29]

Serbia's top officials met with the EU High Representative for Foreign Affairs and Security Policy Catherine Ashton in Brussels, on 11 March 2013, Serbian president Nikolić said that Serbia and Kosovo were very close to signing an agreement which would improve their relations.[30]

On 19 April 2013, the two governments completed the Brussels Agreement[31] that was hailed as a major step towards normalising relations, and would allow both Serbia and Kosovo to advance in European integration.[26] The agreement is reported to commit both states not to "block, or encourage others to block, the other side's progress in the respective EU paths."[31] Amongst other measures the deal establishes a special police commander (Commander will be appointed by Pristina from a list submitted by Serbs) and appeal court (Under Pristina laws and procedures) for the Serb minority in Kosovo, but does not amount to a recognition of Kosovo's independence by Belgrade.[26] There were no Special provisions in the agreement given to Serb communities in North Kosovo as all municipalities have the same rights and status.[32] In news reports Ashton was quoted as saying, "What we are seeing is a step away from the past and, for both of them, a step closer to Europe", whilst Thaçi declared "This agreement will help us heal the wounds of the past if we have the wisdom and the knowledge to implement it in practice."[26]

The accord was ratified by the Kosovo assembly on 28 June 2013.[33][34]

2013–present[edit]

Kosovo–Serbia negotiations encountered difficulties in the wake of the agreement reached in Brussels. On 7 August 2013, an agreement was announced between the two governments to establish permanent border crossings between Serbia and Kosovo throughout 2014.[35]

On 9 September 2013, an agreement was reached to allow Kosovo to apply for its own international dialling code.[36] Two days later, the Serbian government announced the dissolution of the Serb minority assemblies it created in northern Kosovo in order to allow the integration of the Kosovo Serb minority into the general Kosovo population.[37] In order to facilitate the integration of the Serb minority in the north into Kosovar society, the Kosovo parliament passed an amnesty law pardoning for past acts of resistance to Kosovo authorities.[38] This principle was put into effect in early December, as the governments of Serbia and Kosovo agreed to the appointment of a Kosovo Serb as chief of police in the Serbian area of Northern Kosovo.[39] The two governments also reached agreement in principle to allow Kosovo to apply for its own international dialing code once the Serbian government begins EU accession talks.[36] On September 19, a EULEX officer was killed in the Serb area of Kosovo in a drive by shooting, this murder viewed as an act by opponents of reconciliation.[40]

In late 2014 Kosovo–Serbia negotiations reached standstill owing to the change of government in Kosovo which now advocated a more hardline towards Serbia.[41] More difficulties arose in December 2014, as President of Serbia Tomislav Nikolic went against the position of the government by stating that any decision on Kosovo must be submitted to a referendum.[42]

On August 26, 2015, Kosovo and Serbia signed a series of agreements in key areas, in a major step towards normalizing ties.[43] Kosovo's foreign minister claimed it was a de facto recognition of independence,[43] while Serbia's prime minister said it ensured representation for ethnic-Serbs in Kosovo.[43] As a result of the agreements, Serbia can now move forward with its negotiations to join the EU.[43] However, the Serb government still opposes any initiative by the government of Kosovo joining UN agencies, and Kosovo's initiative regarding UNESCO membership was met with protest by Belgrade.[44][45]

In January 2017, a train painted in Serbian flag colors and with the words "Kosovo is Serbia" was prevented from crossing into Kosovo.[46] Serbian President Tomislav Nikolić stated that Serbia would send its army to Kosovo if Kosovo Serbs are attacked. Kosovo viewed the train as a provocation. Both Serbia and Kosovo mobilized their military forces along the Kosovo-Serbian border.[47]

Cancellation of Community of Serbian Municipalities[edit]

On 13 December 2016 3511st Council of the European Union meeting urged Kosovo to swiftly implement in good faith its part of all past agreements, in particular the establishment of the Association/Community of Serb majority municipalities and to engage constructively with Serbia in formulating and implementing future agreements.[48] On December 29, 2016 Foreign Minister of Serbia Ivica Dačić noted the significance of maintaining the dialogue and implementing all agreements primarily those that apply to establishing the Community of Serb Municipalities.[49] On December 30, 2016, Kosovo President Hashim Thaçi stated that he hopes question of the Community will be resolved at the beginning of 2017.[50]

Ethnic Serbs in Kosovo[edit]

Since the 1999 bombing of Yugoslavia, a large portion of Kosovo Serbs have been displaced from their homes, like other minorities throughout the province. A significant portion of Serbian Orthodox churches, as well as Serbian cemeteries and homes, have been demolished or vandalised.

The Serbian Government promised suspended Serb prison workers from Lipljan money if they were to leave the Kosovo institutions, which they were working in, so they did. However they were never paid, so staged a continued a blockade of the Co-ordination Centre in Gračanica. They claim that Belgrade, the Kosovo Ministry specifically, has not paid them money promised for leaving the Kosovo institutions.[51]

Serbs have also responded by forming their own assembly.

In September 2013, the Serb government dismantled the Serb minority assemblies in Mitrovica, Leposavić, Zvecan and Zubin Potok as part of an agreement with the government of Kosovo.[37] At the same time, the President of Kosovo signed a law that granted amnesty to ethnic Serbs in Kosovo for past acts of resistance to Kosovo law enforcement authorities.[38]

See also[edit]

References[edit]

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  2. ^ "Canada recognizes Kosovo, Serbia pulls ambassador". CBC News. 18 March 2008. Retrieved 25 July 2008. 
  3. ^ "PROTEST CONVEYED TO FRANCE, BRITAIN, COSTA RICA, AUSTRALIA, ALBANIA" at the Wayback Machine (archive index) The economic team for Kosovo and Metohija and the South of Serbia, 20 February 2008. Retrieved 25 March 2008
  4. ^ "Podnesena krivična prijava protiv Tačija, Sejdijua i Krasnićija". Trebinjedanas.com. Retrieved 28 April 2010. 
  5. ^ Meares, Richard (18 February 2008). "Serbia charges Kosovo leaders with treason". Reuters. Retrieved 28 January 2010. 
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  7. ^ Divisions over Kosovo cripple Serb government, The Daily Telegraph, 8 March 2008.
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  17. ^ "Rule of Law liaison Office". Retrieved 17 January 2017. 
  18. ^ After a police protocol, EULEX and Serbian officials will intensify preparations for customs and judiciary cooperation
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  20. ^ "Belgrade, Priština to discuss energy next week". B92. 2 February 2013. Retrieved 11 February 2013. 
  21. ^ a b c "Serbia/Kosovo: Halt Arbitrary Arrests". Human Rights Watch. 31 March 2012. Retrieved 19 April 2012. 
  22. ^ a b Lawrence Marzouk and Gordana Andric (28 March 2012). "Dacic: Kosovo Trade Unionist Arrest Is Retaliation". Eurasia Review. Retrieved 19 April 2012. 
  23. ^ a b Fatmir Aliu (30 March 2012). "Hasan Abazi Faces Month in Custody". Eurasia Review. Retrieved 19 April 2012. 
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  31. ^ a b "Unofficial text of proposed Kosovo agreement". B92. 19 April 2013. Retrieved 17 August 2013. 
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  33. ^ "LIGJI NR. 04/L-199 PËR RATIFIKIMIN E MARRËVESHJES SË PARË NDËRKOMBËTARE TË PARIMEVE QË RREGULLOJNË NORMALIZIMIN E MARRËDHËNIEVE MES REPUBLIKËS SË KOSOVËS DHE REPUBLIKËS SË SERBISË". Retrieved 17 January 2017. 
  34. ^ "Kosovo MPs Defy Protests to Ratify Serbia Deal :: Balkan Insight". Retrieved 17 January 2017. 
  35. ^ "Permanent Kosovo-Serbia Border Crossings Due in 2014 :: Balkan Insight". Retrieved 17 January 2017. 
  36. ^ a b "Belgrade, Pristina Strike Telecoms and Energy Deals :: Balkan Insight". Retrieved 17 January 2017. 
  37. ^ a b "Serbia Pulls Plug on North Kosovo Assemblies :: Balkan Insight". Retrieved 17 January 2017. 
  38. ^ a b "Kosovo President Approves Controversial Amnesty Law :: Balkan Insight". Retrieved 17 January 2017. 
  39. ^ "Serb to Run Police in North Kosovo :: Balkan Insight". Retrieved 17 January 2017. 
  40. ^ "EULEX Policeman Shot Dead in North Kosovo :: Balkan Insight". Retrieved 17 January 2017. 
  41. ^ "Kosovo Opposition Hand Serbia Talks to Nationalists :: Balkan Insight". Retrieved 17 January 2017. 
  42. ^ "Serbian President Demands Kosovo Referendum :: Balkan Insight". Retrieved 17 January 2017. 
  43. ^ a b c d "Kosovo and Serbia sign 'landmark' agreements". 26 August 2015. Retrieved 17 January 2017 – via www.bbc.com. 
  44. ^ "Kosovo Plans to Join UNESCO by November :: Balkan Insight". Retrieved 17 January 2017. 
  45. ^ "Serbia Vows to Stop Kosovo Joining UNESCO :: Balkan Insight". Retrieved 17 January 2017. 
  46. ^ "Serbia-Kosovo train row escalates to military threat". BBC News. 2017-01-15. Retrieved 2017-01-20. 
  47. ^ "How a train nearly brought Kosovo and Serbia to the brink of war". TRT World (in Turkish). Retrieved 2017-01-20. 
  48. ^ "General Affairs Council, 13/12/2016". Council of the European Union. 2016-12-13. pp. 28–29. 
  49. ^ "DAILY SURVEY 30.12.2016.". Ministry of Foreign Affairs (Serbia). 2016-12-30. 
  50. ^ "Thaçi: I hope that the issue of CSM will be resolved early in 2017". European Western Balkans. 2016-12-30. 
  51. ^ "News - Society - Kosovo Serb prison workers continue protest". B92. 2 April 2008. Retrieved 28 April 2010.