Kosovo Future Status Process
Encyclopedia
During and after the breakup of Yugoslavia there were increasing ethnic and regional conflicts, culminating in the Kosovo War
of 1999. The result of that war was the UN Security Council Resolution 1244, an agreement reached between the FR Yugoslavia and NATO. This led to the initiation of a Kosovo status process in 2005.
By 2007, a plan had been formulated by UN Special Envoy Martti Ahtisaari
. While the plan was accepted by the local government in Kosovo
and backed by the United States
and the European Union
, it was strongly opposed by Serbia
and Russia
, Serbia's traditional ally. Various UN-facilitated attempts to negotiate an agreement left Kosovo's status unresolved.
Supported by the USA and some European countries, the Kosovo government on 17 February 2008 declared independence
from Serbia. Kosovo's current political status is uncertain; while the United States, Canada, Australia, Japan and most of the European Union have recognized its independence, the majority of UN member states have not. Of the international organizations, Kosovo is a part of only the World Bank
and the International Monetary Fund
.
New negotiations between Serbia and the Kosovar Albanians started on March 8, 2011 with the EU as a mediator and full backing of the UN. Among the main issues, the parties will discuss on regional cooperation, freedom of movement, and the rule of law. The first round involved the discussion on telecommunications, mobility, civil register, and CEFTA issues.
is the subject of a long-running political and territorial dispute between the Serbia
n (and previously, the Yugoslav
) government and Kosovo's largely Albanian
population.
At the end of the Kosovo War
in 1999, the UN Security Council adopted United Nations Security Council Resolution 1244
, which placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian forces from Kosovo and envisioned an eventual UN-facilitated political process to determine whether Kosovo would become independent or remain part of Serbia. In October 2005, a UN-commissioned report written by Norwegian diplomat Kai Eide recommended that the status process should begin, arguing that "all sides need clarity with regard to the future status of Kosovo". The Security Council issued a Presidential Statement in October 2005 to endorse Eide's conclusions and authorize the launch of a status process.
International negotiations began in 2006 to determine the final status of Kosovo, as envisaged under Resolution 1244. While Serbia's continued sovereignty over Kosovo was recognized by the international community at that time, a majority of the province's population sought independence.
The UN-backed talks, led by UN Special Envoy Martti Ahtisaari
, began in February 2006. While progress was made on technical matters, both parties remained diametrically opposed on the question of independence. In February 2007, Ahtisaari delivered a draft status settlement proposal to leaders in Belgrade
and Pristina
, the basis for a draft UN Security Council Resolution which proposes "supervised independence" for the province. As of early July 2007 a draft resolution, backed by the United States and the European Union members of the Security Council, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. Russia, which holds veto power
in the Security Council as one of five permanent members, had stated that it would not support any resolution which was not acceptable to both Belgrade and Kosovo Albanians. While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others have suggested that a rapid resolution might not be preferable.
After many weeks of discussions at the UN, the United States and the European members of the Security Council formally "discarded" a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing, and instead proposed a new period of talks.
Serbia argues that Kosovo's independence would be a violation of Serbia's sovereignty and territorial integrity and therefore contrary to the UN Charter
and principles of international law. Belgrade also asserts the UNMIK has allowed widespread discrimination against Kosovo's Serb minority and has not facilitated the return of about 200,000 of internally displaced persons who fled Kosovo during and immediately after the conflict. Serbia insists that UNSCR 1244, which envisioned a UN-facilitated political process to determine status, precludes independence through a preambular reference to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (now Serbia). Serbian Prime Minister Vojislav Koštunica
has said that, '...any imposed solution that would seize part of our territory would be a violation of international law.'
government in the 1990s. Kosovo Prime Minister Agim Çeku
claimed that "recognizing Kosovo's independence would close the dark chapters of Balkan history, and create the opportunity for a new and sustainable regional stability."
countries released a set of "Guiding Principles" for the resolution of Kosovo's status. These principles notably included the requirement that there be no return to the situation prior to 1999 and that there be no change in Kosovo's borders (i.e., no partition of Kosovo) and no union of Kosovo with any neighboring state. The same statement includes a call for all parties to refrain from unilateral steps and reject any form of violence. The Contact Group affirms that the final decision on the status of Kosovo should be endorsed by the UN Security Council.
At a January 2006 meeting of foreign ministers, the Contact Group further declared that a settlement "needs, inter alia, to be acceptable to the people of Kosovo" and emphasized the need for the settlement to address the concerns of Kosovo's ethnic minorities. Russian President Vladimir Putin
stated in September 2006 that the world must apply the same standards to the separatist Georgian regions of South Ossetia and Abkhazia as it does to the Serbian province of Kosovo, where many are seeking independence. He also added that Russia would not endorse any UN Security Council resolution which it felt compromised these rights.
, former president of Finland; Austrian diplomat Albert Rohan is his deputy. Ahtisaari's office — the UN Office of the Special Envoy for Kosovo (UNOSEK) — is located in Vienna
, Austria, and includes liaison staff from NATO, the EU
and the United States. Ahtisaari is supported in his efforts by Ambassador Frank G. Wisner, the U.S. Representative to the Kosovo Status Talks. Ahtisaari holds regular meetings with representatives of the Contact Group
.
The initial status negotiations focused on technical issues important for Kosovo's long-term stability, particularly the rights and protection of Kosovo's minorities (especially the Kosovo Serbs). Ahtisaari brought the parties together for the first direct dialogue in February 2006 to discuss decentralization of local government, which is an important measure to protect Kosovo Serb communities. Subsequent meetings addressed economic issues, property rights, protection of Serbian Orthodox Church heritage and institutional guarantees for the rights of Kosovo's minorities.
On 24 July 2006, Ahtisaari brought the parties together in Vienna for the first high-level talks on the status outcome itself. Serbian President Boris Tadić
, Prime Minister Vojislav Koštunica
, Kosovo President Fatmir Sejdiu
and Prime Minister Agim Çeku
attended and presented their respective platforms for Kosovo's future status. Ahtisaari later told the press that the meeting resulted in no breakthroughs, but added that the discussion was "frank and candid" and the atmosphere was better than he could have expected.
Ahtisaari briefed Contact Group foreign ministers on 20 September 2006, in New York City at a meeting chaired by U.S. Secretary of State Condoleezza Rice
. At that meeting, the Contact Group released a press statement that reaffirmed its desire to work towards a negotiated settlement in the course of 2006 and also endorsed Ahtisaari's plans to develop a comprehensive proposal for a status settlement.
But with the end of 2006 approaching, and despite progress on technical matters, both parties remained diametrically opposed on the question of status itself.
Special Envoy Ahtisaari, after consultations with the Contact Group in Vienna on 10 November, decided to delay sharing his proposal with the parties until after Serbia held parliamentary elections
on 21 January 2007. He said he would take his proposal to the parties "without delay" after these elections.
and Pristina
a draft status settlement proposal, covering a wide range of issues related to Kosovo's future, in particular measures to protect Kosovo's non-Albanian communities. The proposal included provisions covering:
While not yet mentioning the word "independence," the draft Settlement included several provisions that were widely interpreted as implying statehood for Kosovo. For example, the draft Settlement would give Kosovo the right to apply for membership in international organizations, create a Kosovo Security Force and adopt national symbols. Ahtisaari said that after a period of consultations with the parties he would finalize his Settlement proposal for submission to the UN Security Council and at that stage he would also elaborate on the status issue itself.
In Belgrade, Serbian Prime Minister Vojislav Koštunica
refused to receive Ahtisaari. Koštunica claimed that because Serbia had still not formed a new government after the January 21 parliamentary elections he had no mandate to discuss Kosovo and therefore could not meet Ahtisaari. Nevertheless, he later denounced the proposal as "illegitimate and unacceptable" because he alleged it "violates the U.N. Charter ... by undermining sovereignty of U.N. member Serbia." President Boris Tadić
did receive Ahtisaari, after which he reaffirmed his vow to never accept an independent Kosovo. Foreign Minister Vuk Drašković
warned that it was "necessary to avoid an imposed solution that could cause Serbia to become a factor of instability."
In Pristina, Kosovo Albanian leaders issued a statement after meeting with Ahtisaari saying they are "convinced that the international process for the resolution of Kosovo's status led by President Ahtisaari will be concluded soon with Kosovo becoming an independent state."
The United States called the proposal "fair and balanced," while the EU Presidency noted that Ahtisaari's proposals "build on almost twelve months of direct talks between Belgrade and Pristina."
On 21 February, Ahtisaari began a period of consultations with the parties in Vienna to finalize the Settlement. He made clear that his proposal was a draft and that he would incorporate compromise solutions into the final document. After this period of consultations and further modification of the Settlement, Ahtisaari convened a high-level meeting of the parties in Vienna on March 10. After this meeting, leaders from both sides signaled a total unwillingness to compromise on their central demands (Kosovo Albanians for Kosovo's independence; Serbia for continued sovereignty over Kosovo). Concluding that there was no chance for the two sides to reconcile their positions, Ahtisaari said he intended to submit to the UN Security Council his proposed status recommendations, including an explicit recommendation for the status outcome itself, by the end of March.
In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX.
Pristina accepted Ahtisaari's final Settlement, while Belgrade rejected it. Immediately after the proposals become public, the United States and Germany (in its capacity as EU Presidency) issued strong statements of support. The European Union
's Parliament also declared its full support to Ahtisaari's plan. Russia, however, called for new rounds of negotiations, possibly with a new special envoy. At least one other member of the Security Council, South Africa, a non-permanent member, has expressed agreement with Russian concerns.
On 11 May, European members of the UN Security Council, Germany and the United States circulated a draft UN Security Council resolution that would replace UN Security Council Resolution 1244, endorse Ahtisaari's Settlement and end the UN administration after a transition period of 120 days. The U.S. Permanent Representative to the UN said that the European/U.S. draft had enough support in the Security Council to be adopted unless Russia chooses to use its Security Council veto, which Russia has stated at numerous occasions that it might use unless the resolution is acceptable by both sides.
Russia rejected a UN Security Council resolution based on the Ahtisaari Plan. As discussions progressed in the week of 16 July, seemingly with little hope of agreement, EU foreign policy chief Javier Solana
was quoted as saying that the European Union would cease supporting efforts to agree a resolution backing the Ahtisaari plan 'within days' if Russian concerns could not be met. Russia had rejected another draft resolution on Monday 16 July which had called for further talks between Serbia and Kosovo Albanians, describing the draft as, 'permeated with the concept of the independence of Kosovo'. British Deputy Head of Mission in New York, Karen Pierce, told reporters on 17 July that a final draft of the resolution would be introduced 'within 36 hours'.
According to news service Reuters, Solana had said that a further, four-month period of talks would be conducted under the authority of the Contact Group
, though did not discount that a resolution might still be agreed in the coming days. German Chancellor Angela Merkel
appeared to support renewed talks between the parties after discussions with Serbian Prime Minister Vojislav Koštunica
, 'We are now thinking about whether it would be possible to support a phase of negotiations between Belgrade and Pristina to try once again to find a solution,' Merkel was quoted as saying.
The United States
, United Kingdom
and other European members of the Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing.
The UN Secretary-General later endorsed another time-limited round of negotiations led by a U.S./EU/Russian Troika of negotiators. The Troika completed its work on 10 December 2007, without having achieved an agreement between the parties on Kosovo's status.
On 22 January 2008 the Parliamentary Assembly of the Council of Europe
(PACE) adopted a resolution calling for the continuation of talks on the basis of UNSC Resolution 1244.
said in numerous public statements that regardless of status outcome a new international presence would be established in Kosovo to supervise the implementation of the settlement and guarantee minority rights.
An International Civilian Office (ICO), structured along the lines of the Office of the High Representative in Bosnia and Herzegovina, would be established and include participation from many states, notably EU members and the United States. The ICO, as described in Ahtisaari's draft status proposal, would possess certain executive powers to supervise and enforce status settlement implementation (e.g., fire ministers or overturn laws).
The EU also made plans to deploy a European Security and Defence Policy
(ESDP) mission to focus on Rule of Law issues, namely building the capacity of the police/justice sector.
(acting in personal capacity and not binding the Assembly itself), declared that Kosovo
is independent from Serbia
; Kosovo Serb parliamentarians, however, boycotted the session. In the following weeks Kosovo's independence was recognised by many states, including around two thirds of the European Union. Serbian Prime Minister Vojislav Koštunica
responded by stating, "Today, this policy of force thinks that it has triumphed by establishing a false state."
The independence has so far been recognised by countries. Kosovo's independence is still quite controversial, with many countries opposing independence and others calling for further negotiations.
On 15 May 2008, the foreign ministers of Russia
, China
, and India
issued a joint call for new negotiations, joining with the resolution adopted by the Parliamentary Assembly of the Council of Europe
(PACE) on 22 January 2008, which called for new negotiations on the basis of UNSC 1244 and expressed regret that much of the preconditions for the even initiation of the Kosovo status process, including the return of non-Albanian refugees, was abandoned.
, Provisional Institutions of Self-Government
, or any other official body and thus the authors, who named themselves "representatives of the people of Kosovo" were not bound by the Constitutional Framework (promulgated by UNMIK
) or by UNSCR1244
that is addressed only to United Nations Member States
and organs of the United Nations. Prior to the announcement Hashim Thaçi said there would be no "winners or losers" and that "I expect this to be a correct decision, according to the will of Kosovo's citizens. Kosovo will respect the advisory opinion." For his part, Serbia's President, Boris Tadić, the Serbian president, warned that "If the International Court of Justice sets a new principle, it would trigger a process that would create several new countries and destabilise numerous regions in the world."
Kosovo War
The term Kosovo War or Kosovo conflict was two sequential, and at times parallel, armed conflicts in Kosovo province, then part of FR Yugoslav Republic of Serbia; from early 1998 to 1999, there was an armed conflict initiated by the ethnic Albanian "Kosovo Liberation Army" , who sought independence...
of 1999. The result of that war was the UN Security Council Resolution 1244, an agreement reached between the FR Yugoslavia and NATO. This led to the initiation of a Kosovo status process in 2005.
By 2007, a plan had been formulated by UN Special Envoy Martti Ahtisaari
Martti Ahtisaari
Martti Oiva Kalevi Ahtisaari is a Finnish politician, the tenth President of Finland , Nobel Peace Prize laureate and United Nations diplomat and mediator, noted for his international peace work....
. While the plan was accepted by the local government in Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
and backed by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, it was strongly opposed by Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, Serbia's traditional ally. Various UN-facilitated attempts to negotiate an agreement left Kosovo's status unresolved.
Supported by the USA and some European countries, the Kosovo government on 17 February 2008 declared independence
2008 Kosovo declaration of independence
The 2008 Kosovo declaration of independence was adopted on 17 February 2008 by individual members of the Assembly of Kosovo acting in personal capacity and not binding to the Assembly itself...
from Serbia. Kosovo's current political status is uncertain; while the United States, Canada, Australia, Japan and most of the European Union have recognized its independence, the majority of UN member states have not. Of the international organizations, Kosovo is a part of only the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
and the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...
.
New negotiations between Serbia and the Kosovar Albanians started on March 8, 2011 with the EU as a mediator and full backing of the UN. Among the main issues, the parties will discuss on regional cooperation, freedom of movement, and the rule of law. The first round involved the discussion on telecommunications, mobility, civil register, and CEFTA issues.
Background
KosovoKosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
is the subject of a long-running political and territorial dispute between the Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
n (and previously, the Yugoslav
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
) government and Kosovo's largely Albanian
Albanians
Albanians are a nation and ethnic group native to Albania and neighbouring countries. They speak the Albanian language. More than half of all Albanians live in Albania and Kosovo...
population.
At the end of the Kosovo War
Kosovo War
The term Kosovo War or Kosovo conflict was two sequential, and at times parallel, armed conflicts in Kosovo province, then part of FR Yugoslav Republic of Serbia; from early 1998 to 1999, there was an armed conflict initiated by the ethnic Albanian "Kosovo Liberation Army" , who sought independence...
in 1999, the UN Security Council adopted United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...
, which placed Kosovo under transitional UN administration, demanded a withdrawal of Serbian forces from Kosovo and envisioned an eventual UN-facilitated political process to determine whether Kosovo would become independent or remain part of Serbia. In October 2005, a UN-commissioned report written by Norwegian diplomat Kai Eide recommended that the status process should begin, arguing that "all sides need clarity with regard to the future status of Kosovo". The Security Council issued a Presidential Statement in October 2005 to endorse Eide's conclusions and authorize the launch of a status process.
International negotiations began in 2006 to determine the final status of Kosovo, as envisaged under Resolution 1244. While Serbia's continued sovereignty over Kosovo was recognized by the international community at that time, a majority of the province's population sought independence.
The UN-backed talks, led by UN Special Envoy Martti Ahtisaari
Martti Ahtisaari
Martti Oiva Kalevi Ahtisaari is a Finnish politician, the tenth President of Finland , Nobel Peace Prize laureate and United Nations diplomat and mediator, noted for his international peace work....
, began in February 2006. While progress was made on technical matters, both parties remained diametrically opposed on the question of independence. In February 2007, Ahtisaari delivered a draft status settlement proposal to leaders in Belgrade
Belgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
and Pristina
Pristina
Pristina, also spelled Prishtina and Priština is the capital and largest city of Kosovo. It is the administrative centre of the homonymous municipality and district....
, the basis for a draft UN Security Council Resolution which proposes "supervised independence" for the province. As of early July 2007 a draft resolution, backed by the United States and the European Union members of the Security Council, had been rewritten four times to try to accommodate Russian concerns that such a resolution would undermine the principle of state sovereignty. Russia, which holds veto power
United Nations Security Council veto power
The United Nations Security Council "power of veto" refers to the veto power wielded solely by the five permanent members of the United Nations Security Council , enabling them to prevent the adoption of any "substantive" draft Council resolution, regardless of the level of international support...
in the Security Council as one of five permanent members, had stated that it would not support any resolution which was not acceptable to both Belgrade and Kosovo Albanians. While most observers had, at the beginning of the talks, anticipated independence as the most likely outcome, others have suggested that a rapid resolution might not be preferable.
After many weeks of discussions at the UN, the United States and the European members of the Security Council formally "discarded" a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing, and instead proposed a new period of talks.
Serbia
Belgrade's position on the status of Kosovo is that Kosovo should enjoy substantial autonomy, but not be granted independence. Frequently dubbed "more than autonomy, less than independence," Belgrade's vision for Kosovo includes expanding autonomy in which Kosovo is largely free to govern itself, although Kosovo would not be permitted an independent role in international relations or defence and would remain nominally within the state of Serbia. The Serbian side has also proposed the One Country Two Systems formula, i.e. the "Hong Kong model" as a solution, but it was rejected by the Albanian politicians.Serbia argues that Kosovo's independence would be a violation of Serbia's sovereignty and territorial integrity and therefore contrary to the UN Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
and principles of international law. Belgrade also asserts the UNMIK has allowed widespread discrimination against Kosovo's Serb minority and has not facilitated the return of about 200,000 of internally displaced persons who fled Kosovo during and immediately after the conflict. Serbia insists that UNSCR 1244, which envisioned a UN-facilitated political process to determine status, precludes independence through a preambular reference to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia (now Serbia). Serbian Prime Minister Vojislav Koštunica
Vojislav Koštunica
Vojislav Koštunica is a Serbian politician, statesman and the president of the Democratic Party of Serbia. He was the last President of the Federal Republic of Yugoslavia, succeeding Slobodan Milošević and serving from 2000 to 2003...
has said that, '...any imposed solution that would seize part of our territory would be a violation of international law.'
Kosovo Albanians
Kosovo Albanians generally assert that they could not remain within a Serbian state citing the repression by the MiloševićSlobodan Milošević
Slobodan Milošević was President of Serbia and Yugoslavia. He served as the President of Socialist Republic of Serbia and Republic of Serbia from 1989 until 1997 in three terms and as President of the Federal Republic of Yugoslavia from 1997 to 2000...
government in the 1990s. Kosovo Prime Minister Agim Çeku
Agim Çeku
Agim Çeku is the current Minister of Security Forces for the Republic of Kosovo. He is also the former Prime Minister of Kosovo and a chief of the Kosovo Liberation Army . He was born in the village of Ćuška near Peć, in the Yugoslav province of Kosovo .Çeku is an ethnic Albanian...
claimed that "recognizing Kosovo's independence would close the dark chapters of Balkan history, and create the opportunity for a new and sustainable regional stability."
Contact Group
In November 2005, the Contact GroupContact Group
The Contact Group is the name for an informal grouping of influential countries that have a significant interest in policy developments in the Balkans. The Contact Group is composed of United States, United Kingdom, France, Germany, Italy, and Russia. It was first created in response to the war...
countries released a set of "Guiding Principles" for the resolution of Kosovo's status. These principles notably included the requirement that there be no return to the situation prior to 1999 and that there be no change in Kosovo's borders (i.e., no partition of Kosovo) and no union of Kosovo with any neighboring state. The same statement includes a call for all parties to refrain from unilateral steps and reject any form of violence. The Contact Group affirms that the final decision on the status of Kosovo should be endorsed by the UN Security Council.
At a January 2006 meeting of foreign ministers, the Contact Group further declared that a settlement "needs, inter alia, to be acceptable to the people of Kosovo" and emphasized the need for the settlement to address the concerns of Kosovo's ethnic minorities. Russian President Vladimir Putin
Vladimir Putin
Vladimir Vladimirovich Putin served as the second President of the Russian Federation and is the current Prime Minister of Russia, as well as chairman of United Russia and Chairman of the Council of Ministers of the Union of Russia and Belarus. He became acting President on 31 December 1999, when...
stated in September 2006 that the world must apply the same standards to the separatist Georgian regions of South Ossetia and Abkhazia as it does to the Serbian province of Kosovo, where many are seeking independence. He also added that Russia would not endorse any UN Security Council resolution which it felt compromised these rights.
Initial talks
The UN-facilitated Kosovo future status process was led by UN Special Envoy Martti AhtisaariMartti Ahtisaari
Martti Oiva Kalevi Ahtisaari is a Finnish politician, the tenth President of Finland , Nobel Peace Prize laureate and United Nations diplomat and mediator, noted for his international peace work....
, former president of Finland; Austrian diplomat Albert Rohan is his deputy. Ahtisaari's office — the UN Office of the Special Envoy for Kosovo (UNOSEK) — is located in Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
, Austria, and includes liaison staff from NATO, the EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and the United States. Ahtisaari is supported in his efforts by Ambassador Frank G. Wisner, the U.S. Representative to the Kosovo Status Talks. Ahtisaari holds regular meetings with representatives of the Contact Group
Contact Group
The Contact Group is the name for an informal grouping of influential countries that have a significant interest in policy developments in the Balkans. The Contact Group is composed of United States, United Kingdom, France, Germany, Italy, and Russia. It was first created in response to the war...
.
The initial status negotiations focused on technical issues important for Kosovo's long-term stability, particularly the rights and protection of Kosovo's minorities (especially the Kosovo Serbs). Ahtisaari brought the parties together for the first direct dialogue in February 2006 to discuss decentralization of local government, which is an important measure to protect Kosovo Serb communities. Subsequent meetings addressed economic issues, property rights, protection of Serbian Orthodox Church heritage and institutional guarantees for the rights of Kosovo's minorities.
On 24 July 2006, Ahtisaari brought the parties together in Vienna for the first high-level talks on the status outcome itself. Serbian President Boris Tadić
Boris Tadic
Boris Tadić is the President of Serbia and leader of the Democratic Party. He was elected to a five-year term on 27 June 2004, and was sworn into office on 11 July. He was re-elected for a de facto second five-year term on 3 February 2008 and was sworn in on 15 February...
, Prime Minister Vojislav Koštunica
Vojislav Koštunica
Vojislav Koštunica is a Serbian politician, statesman and the president of the Democratic Party of Serbia. He was the last President of the Federal Republic of Yugoslavia, succeeding Slobodan Milošević and serving from 2000 to 2003...
, Kosovo President Fatmir Sejdiu
Fatmir Sejdiu
Fatmir Sejdiu is a politician from Kosovo. He was the leader of the Democratic League of Kosovo and was the first President of the Republic of Kosovo.-Early life and education:...
and Prime Minister Agim Çeku
Agim Çeku
Agim Çeku is the current Minister of Security Forces for the Republic of Kosovo. He is also the former Prime Minister of Kosovo and a chief of the Kosovo Liberation Army . He was born in the village of Ćuška near Peć, in the Yugoslav province of Kosovo .Çeku is an ethnic Albanian...
attended and presented their respective platforms for Kosovo's future status. Ahtisaari later told the press that the meeting resulted in no breakthroughs, but added that the discussion was "frank and candid" and the atmosphere was better than he could have expected.
Ahtisaari briefed Contact Group foreign ministers on 20 September 2006, in New York City at a meeting chaired by U.S. Secretary of State Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
. At that meeting, the Contact Group released a press statement that reaffirmed its desire to work towards a negotiated settlement in the course of 2006 and also endorsed Ahtisaari's plans to develop a comprehensive proposal for a status settlement.
But with the end of 2006 approaching, and despite progress on technical matters, both parties remained diametrically opposed on the question of status itself.
Special Envoy Ahtisaari, after consultations with the Contact Group in Vienna on 10 November, decided to delay sharing his proposal with the parties until after Serbia held parliamentary elections
Serbian parliamentary election, 2007
Parliamentary elections took place in Serbia on 21 January 2007. The first session of the new National Assembly of the Republic of Serbia was held on 14 February 2007....
on 21 January 2007. He said he would take his proposal to the parties "without delay" after these elections.
Ahtisaari Plan
On 2 February 2007, UN Special Envoy Martti Ahtisaari delivered to BelgradeBelgrade
Belgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
and Pristina
Pristina
Pristina, also spelled Prishtina and Priština is the capital and largest city of Kosovo. It is the administrative centre of the homonymous municipality and district....
a draft status settlement proposal, covering a wide range of issues related to Kosovo's future, in particular measures to protect Kosovo's non-Albanian communities. The proposal included provisions covering:
- Constitutional provisions
- Rights of Communities and their Members
- Decentralization of local government
- Justice system
- Religious and cultural heritage
- International debt
- Property and archives
- Kosovo security sector
- International Civilian Representative
- European Security and Defense Policy (ESDP) Rule of Law mission
- International Military Presence (e.g., continuation of KFOR)
- Legislative agenda
While not yet mentioning the word "independence," the draft Settlement included several provisions that were widely interpreted as implying statehood for Kosovo. For example, the draft Settlement would give Kosovo the right to apply for membership in international organizations, create a Kosovo Security Force and adopt national symbols. Ahtisaari said that after a period of consultations with the parties he would finalize his Settlement proposal for submission to the UN Security Council and at that stage he would also elaborate on the status issue itself.
In Belgrade, Serbian Prime Minister Vojislav Koštunica
Vojislav Koštunica
Vojislav Koštunica is a Serbian politician, statesman and the president of the Democratic Party of Serbia. He was the last President of the Federal Republic of Yugoslavia, succeeding Slobodan Milošević and serving from 2000 to 2003...
refused to receive Ahtisaari. Koštunica claimed that because Serbia had still not formed a new government after the January 21 parliamentary elections he had no mandate to discuss Kosovo and therefore could not meet Ahtisaari. Nevertheless, he later denounced the proposal as "illegitimate and unacceptable" because he alleged it "violates the U.N. Charter ... by undermining sovereignty of U.N. member Serbia." President Boris Tadić
Boris Tadic
Boris Tadić is the President of Serbia and leader of the Democratic Party. He was elected to a five-year term on 27 June 2004, and was sworn into office on 11 July. He was re-elected for a de facto second five-year term on 3 February 2008 and was sworn in on 15 February...
did receive Ahtisaari, after which he reaffirmed his vow to never accept an independent Kosovo. Foreign Minister Vuk Drašković
Vuk Draškovic
Vuk Drašković , leader of the Serbian Renewal Movement, is a Serbian politician who served as the Deputy Prime Minister of Yugoslavia and the Minister of Foreign Affairs of State Union of Serbia and Montenegro and Serbia.He graduated from the University of Belgrade's Law School in 1968...
warned that it was "necessary to avoid an imposed solution that could cause Serbia to become a factor of instability."
In Pristina, Kosovo Albanian leaders issued a statement after meeting with Ahtisaari saying they are "convinced that the international process for the resolution of Kosovo's status led by President Ahtisaari will be concluded soon with Kosovo becoming an independent state."
The United States called the proposal "fair and balanced," while the EU Presidency noted that Ahtisaari's proposals "build on almost twelve months of direct talks between Belgrade and Pristina."
On 21 February, Ahtisaari began a period of consultations with the parties in Vienna to finalize the Settlement. He made clear that his proposal was a draft and that he would incorporate compromise solutions into the final document. After this period of consultations and further modification of the Settlement, Ahtisaari convened a high-level meeting of the parties in Vienna on March 10. After this meeting, leaders from both sides signaled a total unwillingness to compromise on their central demands (Kosovo Albanians for Kosovo's independence; Serbia for continued sovereignty over Kosovo). Concluding that there was no chance for the two sides to reconcile their positions, Ahtisaari said he intended to submit to the UN Security Council his proposed status recommendations, including an explicit recommendation for the status outcome itself, by the end of March.
In November 2008, the EU accepted the demand of Serbia not to implement the plan of Ahtisaari through EULEX.
Continued discussions
On 3 April, Ahtisaari presented to the UN Security Council his final package of proposals, which included a clear recommendation that Kosovo should become independent subject to a period of international supervision.Pristina accepted Ahtisaari's final Settlement, while Belgrade rejected it. Immediately after the proposals become public, the United States and Germany (in its capacity as EU Presidency) issued strong statements of support. The European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
's Parliament also declared its full support to Ahtisaari's plan. Russia, however, called for new rounds of negotiations, possibly with a new special envoy. At least one other member of the Security Council, South Africa, a non-permanent member, has expressed agreement with Russian concerns.
On 11 May, European members of the UN Security Council, Germany and the United States circulated a draft UN Security Council resolution that would replace UN Security Council Resolution 1244, endorse Ahtisaari's Settlement and end the UN administration after a transition period of 120 days. The U.S. Permanent Representative to the UN said that the European/U.S. draft had enough support in the Security Council to be adopted unless Russia chooses to use its Security Council veto, which Russia has stated at numerous occasions that it might use unless the resolution is acceptable by both sides.
Russia rejected a UN Security Council resolution based on the Ahtisaari Plan. As discussions progressed in the week of 16 July, seemingly with little hope of agreement, EU foreign policy chief Javier Solana
Javier Solana
Francisco Javier Solana de Madariaga, KOGF is a Spanish physicist and Socialist politician. After serving in the Spanish government under Felipe González and Secretary General of NATO , he was appointed the European Union's High Representative for Common Foreign and Security Policy, Secretary...
was quoted as saying that the European Union would cease supporting efforts to agree a resolution backing the Ahtisaari plan 'within days' if Russian concerns could not be met. Russia had rejected another draft resolution on Monday 16 July which had called for further talks between Serbia and Kosovo Albanians, describing the draft as, 'permeated with the concept of the independence of Kosovo'. British Deputy Head of Mission in New York, Karen Pierce, told reporters on 17 July that a final draft of the resolution would be introduced 'within 36 hours'.
According to news service Reuters, Solana had said that a further, four-month period of talks would be conducted under the authority of the Contact Group
Contact Group
The Contact Group is the name for an informal grouping of influential countries that have a significant interest in policy developments in the Balkans. The Contact Group is composed of United States, United Kingdom, France, Germany, Italy, and Russia. It was first created in response to the war...
, though did not discount that a resolution might still be agreed in the coming days. German Chancellor Angela Merkel
Angela Merkel
Angela Dorothea Merkel is the current Chancellor of Germany . Merkel, elected to the Bundestag from Mecklenburg-Vorpommern, has been the chairwoman of the Christian Democratic Union since 2000, and chairwoman of the CDU-CSU parliamentary coalition from 2002 to 2005.From 2005 to 2009 she led a...
appeared to support renewed talks between the parties after discussions with Serbian Prime Minister Vojislav Koštunica
Vojislav Koštunica
Vojislav Koštunica is a Serbian politician, statesman and the president of the Democratic Party of Serbia. He was the last President of the Federal Republic of Yugoslavia, succeeding Slobodan Milošević and serving from 2000 to 2003...
, 'We are now thinking about whether it would be possible to support a phase of negotiations between Belgrade and Pristina to try once again to find a solution,' Merkel was quoted as saying.
The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and other European members of the Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing.
The UN Secretary-General later endorsed another time-limited round of negotiations led by a U.S./EU/Russian Troika of negotiators. The Troika completed its work on 10 December 2007, without having achieved an agreement between the parties on Kosovo's status.
On 22 January 2008 the Parliamentary Assembly of the Council of Europe
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
(PACE) adopted a resolution calling for the continuation of talks on the basis of UNSC Resolution 1244.
Post-status planning
At the outset of the process, the Contact GroupContact Group
The Contact Group is the name for an informal grouping of influential countries that have a significant interest in policy developments in the Balkans. The Contact Group is composed of United States, United Kingdom, France, Germany, Italy, and Russia. It was first created in response to the war...
said in numerous public statements that regardless of status outcome a new international presence would be established in Kosovo to supervise the implementation of the settlement and guarantee minority rights.
An International Civilian Office (ICO), structured along the lines of the Office of the High Representative in Bosnia and Herzegovina, would be established and include participation from many states, notably EU members and the United States. The ICO, as described in Ahtisaari's draft status proposal, would possess certain executive powers to supervise and enforce status settlement implementation (e.g., fire ministers or overturn laws).
The EU also made plans to deploy a European Security and Defence Policy
European Security and Defence Policy
The Common Security and Defence Policy , formerly known as the European Security and Defence Policy , is a major element of the Common Foreign and Security Policy of the European Union and is the domain of EU policy covering defence and military aspects...
(ESDP) mission to focus on Rule of Law issues, namely building the capacity of the police/justice sector.
2008 Declaration of Independence
On 17 February 2008, individual members of the Assembly of KosovoAssembly of Kosovo
The Assembly of Kosovo was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'....
(acting in personal capacity and not binding the Assembly itself), declared that Kosovo
Kosovo
Kosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
is independent from Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
; Kosovo Serb parliamentarians, however, boycotted the session. In the following weeks Kosovo's independence was recognised by many states, including around two thirds of the European Union. Serbian Prime Minister Vojislav Koštunica
Vojislav Koštunica
Vojislav Koštunica is a Serbian politician, statesman and the president of the Democratic Party of Serbia. He was the last President of the Federal Republic of Yugoslavia, succeeding Slobodan Milošević and serving from 2000 to 2003...
responded by stating, "Today, this policy of force thinks that it has triumphed by establishing a false state."
The independence has so far been recognised by countries. Kosovo's independence is still quite controversial, with many countries opposing independence and others calling for further negotiations.
On 15 May 2008, the foreign ministers of Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, and India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
issued a joint call for new negotiations, joining with the resolution adopted by the Parliamentary Assembly of the Council of Europe
Parliamentary Assembly of the Council of Europe
The Parliamentary Assembly of the Council of Europe , which held its first session in Strasbourg on 10 August 1949, can be considered the oldest international parliamentary assembly with a pluralistic composition of democratically elected members of parliament established on the basis of an...
(PACE) on 22 January 2008, which called for new negotiations on the basis of UNSC 1244 and expressed regret that much of the preconditions for the even initiation of the Kosovo status process, including the return of non-Albanian refugees, was abandoned.
ICJ ruling
On July 22, 2010 the International Court of Justice ruled that the declaration did not violate international law, because it was not issued by the Assembly of KosovoAssembly of Kosovo
The Assembly of Kosovo was originally established by the United Nations Interim Administration Mission in Kosovo in 2001 to provide 'provisional, democratic self-government'....
, Provisional Institutions of Self-Government
Provisional Institutions of Self-Government
The Provisional Institutions of Self-Government or 'PISG' are the local administrative bodies in Kosovo established by the United Nations administration in that province under the terms of UNSCR 1244...
, or any other official body and thus the authors, who named themselves "representatives of the people of Kosovo" were not bound by the Constitutional Framework (promulgated by UNMIK
United Nations Interim Administration Mission in Kosovo
The United Nations Interim Administration Mission in Kosovo or UNMIK is the interim civilian administration in Kosovo, under the authority of the United Nations. The mission was established on 10 June 1999 by Security Council Resolution 1244...
) or by UNSCR1244
United Nations Security Council Resolution 1244
United Nations Security Council Resolution 1244, adopted on June 10, 1999, after recalling resolutions 1160 , 1199 , 1203 and 1239 , authorised an international civil and military presence in Kosovo ) and established the United Nations Interim Administration Mission in Kosovo .Resolution...
that is addressed only to United Nations Member States
United Nations member states
There are 193 United Nations member states, and each of them is a member of the United Nations General Assembly.The criteria for admission of new members are set out in the United Nations Charter, Chapter II, Article 4, as follows:...
and organs of the United Nations. Prior to the announcement Hashim Thaçi said there would be no "winners or losers" and that "I expect this to be a correct decision, according to the will of Kosovo's citizens. Kosovo will respect the advisory opinion." For his part, Serbia's President, Boris Tadić, the Serbian president, warned that "If the International Court of Justice sets a new principle, it would trigger a process that would create several new countries and destabilise numerous regions in the world."
2011 Pristina-Belgrade Talks
The Talks between Serbia and Kosovo began on 8 March 2011.See also
- European Union Rule of Law Mission in KosovoEuropean Union Rule of Law Mission in KosovoThe European Union Rule of Law Mission in Kosovo, EULEX Kosovo, is a deployment of European Union police and civilian resources to Kosovo...
- Contact GroupContact GroupThe Contact Group is the name for an informal grouping of influential countries that have a significant interest in policy developments in the Balkans. The Contact Group is composed of United States, United Kingdom, France, Germany, Italy, and Russia. It was first created in response to the war...
- Standards for KosovoStandards for KosovoThe Standards for Kosovo are a set of UN-endorsed benchmarks for the democratic development of Kosovo. They cover eight key areas of development and include a particular focus on the protection of Kosovo non-Albanian ethnic communities...
- International Civilian Representative
- Kosovo independence precedent
- International recognition of Kosovo
External links
- UN Office of the Special Envoy for Kosovo.
- Contact Group press statements on Kosovo.
- Ahtisaari's Proposal on Kosovo
- Negotiating the final status of Kosovo, by Marc Weller, Chaillot Paper No. 114, December 2008, European Union Institute for Security StudiesEuropean Union Institute for Security StudiesThe European Union Institute for Security Studies is a Paris-based EU agency of the Common Foreign and Security Policy . Its goals are to find a common security culture for the EU, to help develop and project the CFSP, and to enrich Europe’s strategic debate.The EUISS is an autonomous agency with...