CRAFTING STRATEGIES FOR NEGOTIATION

Burg Schlaining, Austria December 15 - 18, 2003

FINAL REPORT

Kosovo is a small region in the central eight standards that are designed to help measure Balkans that is currently under the jurisdiction of progress toward sustainable democratic the Interim Administration in governance in . They are: 1) functioning Kosovo (UNMIK). Since the end of NATO’s democratic institutions, 2) establishment of rule of engagement in the region in 1999, the main task of , 3) freedom of movement, 4) return and the international community has been to “promote reintegration of all of Kosovo’s inhabitants, 5) the establishment of substantial autonomy and development of a market economy, 6) full self-government in Kosovo” and to “facilitate a property rights for all citizens, 7) dialogue and political process to determine Kosovo's future normalized relations with Belgrade and 8) status”. Until 2003 the focus of UNMIK’s efforts reduction and transformation of the Kosovo in Kosovo was on the establishment of a local Protection Corps (TMK) in accordance with its government, which was created through the mandate. These standards will be assessed by constitutional framework in 2001. The resulting members of the international community during Kosovar Provisional Institutions of Self- the summer of 2005. A decision on initiating real Government (PISG) gave Kosovar leaders talks about Kosovo’s status in the region is jurisdiction over 10 domestically oriented directly linked to achievement of these standards. ministries. At the same time the constitutional framework maintained UNMIK as the ultimate Most observers of the region agree that the authority in the region with exclusive control over unresolved status of Kosovo remains one of the foreign, security, rule of law and property issues. biggest challenges for the Balkans – one that, if left unaddressed, could destabilize the entire Since the summer of 2003, UNMIK has region. But as of the winter of 2003 it appeared been addressing the more difficult task of that serious dialogue between Kosovo and initiating discussions between representatives of /Montenegro would be unlikely in the next Serbia/Montenegro and Kosovo on Kosovo’s year. Preparations leading up to the first meeting future status in the region. A first pre-negotiation between Serb and Kosovar representatives in meeting was held in October 2003 and had mixed Austria in October 2003 demonstrated that results. On the one hand the meeting was not Kosovar leaders are divided on how to approach officially endorsed by the Provisional Institutions discussions with Serbia and many feel they need of Self-Government because Kosovar leaders did better internal communication before such a not feel prepared to initiate discussions. As a dialogue can be launched. Elections in Serbia in result, only a part of the PISG leadership was December 2003 showed the Serbian political elite represented at this first meeting. On the other to be similarly divided on the question of future hand the event led to the establishment of a clearer relations with Kosovo. In fact, the elections roadmap and timetable for how Kosovars’ status increased the power of hard-liners in Serbia and will be decided. This roadmap consists of a set of brought a minority led government to power, making the political climate in Serbia fragile and • provide the Kosovar leadership in the PISG uncertain for the foreseeable future. In addition, with a more nuanced and broader even though the international community understanding of the issues that need to be officially launched the standards before status considered as members prepare to negotiate policy in November 2003, in reality it remains Kosovo’s status in the region. divided about when final status discussions should • expose Kosovar leaders in the PISG to the really begin, and there is no clear roadmap beyond experiences of their counterparts in South the summer of 2005. Africa, Northern Ireland, , the Republic of Ireland and the Middle East, and the lessons The current political stalemate presents the negotiators learned in managing talks in those Provisional Institutions of Self-Government contexts. (PISG) in Kosovo with a unique opportunity to • provide an informal setting in which PISG use the time to create and develop joint strategies members could assemble to discuss current in preparation for future negotiations with negotiation efforts among themselves and Serbia/Montenegro. In an attempt to build on thereby give them an opportunity to identify existing efforts of the PISG to prepare for their own needs. technical talks with Serbia/Montenegro and the United Nations, the Project on Justice in Times of Given the infrequency of direct communication Transition of Harvard University inaugurated a and contact among the senior leadership in multifaceted program entitled Crafting Strategies Kosovo, their joint attendance at the event was in for Negotiation on December 15 – 18, 2003 at it self a major accomplishment. The meeting not Burg Schlaining in Austria. The initiative seeks to only afforded participants the possibility of provide on-going support and capacity building to listening to the experiences of negotiators in other PISG representatives as they prepare to meet the contexts, but it also gave PISG leaders ample standards laid out by the international community opportunity to discuss their situation among and begin a dialogue with Serbia and the UN themselves and with the distinguished about their future status in the region. The Project international speakers. In addition, the meeting intends with this program to apply its concluded with universal agreement among the methodology of exposing leaders in one country to PISG leaders that much remains to be done to lessons learned by counterparts in similar create a favorable environment for fruitful talks on negotiations in other contexts in order to: Kosovo’s future status. Participants from Kosovo agreed that making progress toward the standards • provide on-going assistance to the new laid out by UNMIK and the EU will contribute to Kosovar government throughout the course of this goal, but in order to favorably impress the the technical talks and beyond, helping to Security Council which will make the ultimate facilitate more regular communication among decision on Kosovo’s final status, additional all PISG members. efforts need to be developed that create a broad • strengthen the capacity of members of the support base among a variety of international PISG and their staff to acquire skills actors. In addition, the leadership needs to find that will help them develop consensus, mechanisms to discuss the most difficult issues on negotiate terms, and manage Kosovo’s future a regular basis and their staff working in relationship with the UN and preparation for technical talks require substantial Serbia/Montenegro. capacity building and support. Leaders also agreed that mechanisms need to be found to ensure the Discussions at the inaugural meeting of the regular participation of all parties in the political Crafting Strategies for Negotiation program at process and expressed interest in further Burg Schlaining, Austria were substantive and programming led by the Project to facilitate productive. The December meeting sought to: regular engagement of all PISG representatives.

2 Conference Participants • Ilir Dugolli , Chief Political Adviser to the Prime Minister The Crafting Strategies for Negotiation • Sadik Idrizi , Member of the Party of meeting was co-chaired by Ambassador Democratic Action and spokesperson Wolfgang Petritsch, Permanent Representative of for the Other Communities Group in Austria to the United Nations in Geneva, and the PISG Thomas Hammarberg , Secretary General of the • Mahir Yagcilar , President of the Olof Palme International Centre. Ambassador Turkish Democratic Party of Kosovo William Walker , former head of the OSCE and Member of the Other Communities Verification Commission in Kosovo, and Group in the PISG Professor Brian Mandell , Lecturer at the • Faik Marolli , Member of the Ashkali Kennedy School of Government, Harvard Albanian Democratic Party of Kosovo University, assisted in the facilitation of and Chairperson of the Other discussions. Communities Group in the PISG

Fifteen key members of the Provisional Mr. Dragisa Krstovic , the President of Coalition Institutions of Self-Government in Kosovo Return (Koalicija Povratak, a Serbian attended the meeting, including representatives of parliamentary group in the PISG), and Mr. PISG minority parties. Of particular importance at Milorad Todorovic, a member of the Democratic this historic meeting was the full participation of Party of Serbia in the PISG, were invited to the the five senior Kosovar leaders: meeting but unfortunately were unable to attend.

• , Participants from Kosovo were joined by • Bajram Rexhepi , Prime Minister of distinguished politicians and negotiators from Kosovo Northern Ireland, the Republic of Ireland, • Nexhat Daci, Speaker of the PISG Israel/Palestine, South Africa and Chile. Speakers Parliament from these countries and regions included: • Hashim Thaqi , President of the Democratic Party of Kosovo • John Biehl , Advisor to the • Ramush Haradinaj , President of the Government of during the Alliance for the Future of Kosovo Central American Peace Accords in 1987 and former Secretary General of They were joined by 10 other members of the Presidency of Chile the PISG: • Ismail Ebrahim Ebrahim , Political Advisor to the Deputy President of • Sabri Hamiti , Chief of the Democratic South Africa and senior African League of Kosovo Parliamentary National Congress participant in the Group multi-party negotiations in South • Kole Berisha , Vice-President of the Africa Democratic League of Kosovo • David Ervine , Senior Negotiator in the • Hajredin Kuqi , Vice-President of talks leading to the 1998 Good Friday Democratic Party of Kosovo Agreement and Chief Spokesman of • Naim Maloku , Vice-President of the the Progressive Unionist Party in Alliance for the Future of Kosovo Northern Ireland • Skender Hyseni , Chief Political • Pini Meidan , former Foreign Policy Advisor to President Rugova Advisor and senior negotiator for • Ramush Tahiri , Chief Political Israeli Prime Minister Ehud Barak in Advisor to the President of Parliament the 2002 Camp David talks

3 • Roelf Meyer , former Chief Negotiator • Dealing with Multiple Parties and for the De Klerk Government and Interests former Minister of Constitutional • Managing Public Expectations Affairs of South Africa • Albert Reynolds , former Prime Panels were designed to include an hour for Minister of the Republic of Ireland and presentations from international speakers and an key participant in the Northern Ireland hour for discussion. In addition, sessions for peace process minority members of the PISG were held separately from those for the Albanian members in order to allow each group time to explore “lessons Conference Methodology learned” most relevant to their own situation. International speakers joined discussions in both The Crafting Strategies for Negotiation rooms. initiative was organized at the request of Kosovar Prime Minister Bajram Rexhepi and was endorsed In order to address the needs of the by several international leaders, including former meeting participants the structure of the US President William Jefferson Clinton . Since conference was revised in the course of the actual the initiative seeks directly to address the needs of meeting. In the end, only two sessions were held the PISG members, the meeting was planned and with the majority and minority participants in organized in close consultation with senior separate groups. In addition, the senior leadership members of the PISG as well as with the Kosovar of Kosovo added a private session with Roelf Institute for Policy Research and Development Meyer, Ambassador Petritsch and organizers of (KIPRED) in Pristina. the program during which specific plans for moving the negotiation process forward were In order to accommodate the interests and formulated. These were then presented to the needs of the PISG representatives, the Project entire group for discussion. developed a tentative agenda, but emphasized from the beginning that adjustments could be Finally, it should be noted that the Project made by the participants in the course of the faced a significant number of almost meeting. Under the initial plan of the conference insurmountable challenges in planning and there were five panels scheduled, each one of orchestrating the meeting because of sensitivities which was designed to highlight and encourage growing out of the talks between analysis of a particular stage of the negotiation Serbia/Montenegro and the new government of process. The selection of the panel topics took Kosovo that were initiated in the fall of 2003. The into consideration the unique situation of the approval of the event by ranking members of Kosovar PISG members and the specific set of institutions such as the United Nations Mission in challenges they are likely to face in the course of a Kosovo, the European Union, the Department of negotiation process with Serbia/Montenegro and Peace Keeping Operations at the UN, the the UN. The five panel topics were: Organization for Security and Cooperation in Europe and the governments of Austria, the • Preparing for Negotiations: and the had to be Developing a Vision for the Future secured in order to enable the participation of all • Mapping the Negotiation Process and invited members of the PISG. In addition, the Building Capacity controversial past of some of the Kosovar leaders • Facing the Other Side: Building an forced the Project to change the location of the Effective Negotiation Relationship meeting four times in order to ensure their participation.

4 Preparing for Negotiations: led to the dialogue that resulted in the Good Developing a Vision for the Future Friday Agreement , described how he came to recognize the need for change in Ireland and how The first panel, entitled Preparing for he went about creating this change. As Mr. Negotiations: Developing a Vision for the Future, Reynolds explained, when he took office in 1992, was facilitated by Professor Brian Mandell. The the tourism industry in Ireland was declining and goal of this session was to emphasize the the country’s economy was in a downward spiral. importance of an articulated vision for It was clear to him that something urgently needed negotiations and to assess whether such a vision to be done, and that the growing violence on the has been formulated in Kosovo. The panel island was directly contributing to the increasingly discussion began with presentations by Roelf negative economic and social situation. At the Meyer , former Chief Negotiator for the De Klerk same time, Mr. Reynolds said he recognized that Government, and Albert Reynolds, former Prime the cooperation of the Irish Republican Army Minister of the Republic of Ireland, who presented (from whom everyone had distanced themselves key lessons on negotiation from their respective due to its role in instigating the violence) was experiences in South Africa and Ireland. central to the establishment of peace. In order to change the public dialogue about the violence Mr. In South Africa, as Roelf Meyer described, Reynolds repeatedly asked the public “Who is the negotiations underwent several afraid of peace?” and successfully shifted the transformations, and it was only after the complete debate from one focused on the question of breakdown of the talks that both sides came to a reunification to one emphasizing the need for common vision for the future. This breakdown peace. At the same time he set out to gain the was constructive because it forced the white trust of the IRA in order to bring them to the minority to accept a paradigm shift in which they negotiation table. Symbolic gestures, such as let go of their primary goal - a guarantee of equal allowing the IRA leaders to formulate the first rights for the white minority - and shifted their paragraphs of the Downing Street Declaration to emphasis to achieving individual rights for all demonstrate that their interests truly would be citizens. In addition, Mr. Meyer explained that a protected, were helpful to gaining their trust. key to the success of the negotiations was the Similarly, the issuance of a visa for Gerry Adams recognition on both sides that the negotiations to visit the United States made an important were a process and that keeping this process alive contribution toward convincing the IRA to come was as important as the content of what was to the negotiation table. discussed at the meetings. This vision to establish “peace through negotiations” meant that during Before the discussion was opened up to the difficult periods when negotiators could not agree floor, David Ervine , Senior Negotiator in the talks on anything, they still set dates for the next leading to the 1998 Northern Ireland Good Friday meetings. Negotiators also used practical Agreement and former unionist paramilitary negotiation tools such as the development of target member, and Pini Meidan , former Foreign Policy dates and the establishment of subcommittees to Advisor and Senior Negotiator for Israeli Prime keep the discussion going and to bring a broader Minister Ehud Barak in the 2002 Camp David range of people into the negotiation process. Talks, commented on what Mr. Meyer and Mr. According to Mr. Meyer, the principle of Reynolds had said. David Ervine remarked that inclusivity, the development of consensus on each the key lesson of Northern Ireland is the side and the mutual acceptance and ownership of importance of creating and maintaining a unified decisions by both parties were also central to the vision for the future that is accepted by all success of negotiations in South Africa. communities. Before the Good Friday Agreement was established Mr. Ervine was a member of a Albert Reynolds , who played a key role in loyalist paramilitary organization. As he initiating the Downing Street Declaration which recounted, it was very difficult for his community

5 to accept the changes proposed by the Agreement Rexhepi acknowledged that Serb minority and its members were dismayed and afraid when members face difficulties in Kosovo, but they also the IRA laid down their weapons. The difficulty emphasized that the PISG is working on his community faced was coming to terms with improving conditions for the Serb minority. At the fact that they were the ones who would have to the same time they pointed out that in order to change. Many politicians in Northern Ireland improve their situation in Kosovo the Serb continued to appeal to people’s fears – telling minority itself must make important decisions them what they wanted to hear about the other about their own allegiances (i.e. Serb minority side - rather than offering an alternative vision. members should not assume that they can hold This made the process of acceptance more office both in Kosovo and Serbia as some of them difficult and during the height of general support do at present). for the Agreement it only received 54% support from Mr. Ervine’s community. Similarly, according to Pini Meidan , one of the fundamental Mapping the Negotiation Process problems in Israel has been that Israeli and and Building Capacity Palestinian negotiators are too afraid to define the endgame and as a result are not able to sell it Ambassador Wolfgang Petritsch chaired successfully to their publics. There is a fear of the second panel discussion entitled Mapping the losing face and as a result negotiators are Negotiation Process and Building Capacity . The continuously seeking a solution that allows them panel began with presentations by Roelf Meyer , to retain dignity. In order to find honorable former Chief Negotiator for the De Klerk solutions however, all sides must be considered Government, and Pini Meidan , Senior Negotiator and careful thought must be given to when and for Israeli Prime Minister Ehud Barak at the 2002 how to sell a proposed solution to the affected Camp David Talks. This panel was particularly population as well as to the international relevant to PISG members, many of which felt community. frustrated at the preparations leading up to the October 2003 pre-negotiation discussions that held The discussion that followed helped with Serbia in Vienna. familiarize the international speakers with the particular challenges faced in Kosovo. As Roelf Meyer focused his second President Rugova explained, they have a vision presentation on how both parties in South Africa for Kosovo, one that establishes a democratic and prepared for negotiations. As he explained, it was independent state with EU membership, a two-track process. On the one hand participants diplomatic relations with the United States and in the negotiations focused on meeting the prosperous economic development. President objectives that were driving the negotiations. This Rugova also pointed out that equal rights have required creating as much consensus as possible already been granted to minority groups. Prime among negotiators on both sides. On the other Minister Rexhepi added that while UN Resolution hand in mapping the negotiation process 1244 had been unclear about a time-table for final negotiators had to consider political realities and status, the recent proclamation made on behalf of possible reactions on the part of internal and the Contact Group by US Under Secretary of State external observers. Roelf Meyer reminded the for Political Affairs Marc Grossman has participants at the meeting that the international established 2005 as the date at which the standards community had played a major role in helping to set by the international community will be bring about the breakdown of the apartheid system reviewed. The PISG is working on meeting these and emphasized that the ANC in particular was standards and, he felt, as long as there was the very effective in building constructive political will on the part of the international international support for its cause. Mr. Meyer also community to accept them, the standards would be made an important comment that addressed a assessed positively. Dr. Daci and Prime Minister question raised during the first panel, namely that

6 an effective tool for bringing minority members parliament. Mr. Hashim Thaqi indicated that he with conflicting loyalties into the discussion was felt the events preceding the October Vienna to agree to establish sufficient consensus as meeting showed that they had successfully opposed to full agreement on significant points achieved freedom of speech in Kosovo but not yet raised during the negotiation process. attained freedom of action. The Kosovar parliament had not endorsed the event precisely Pini Meidan agreed that mapping the because members felt the PISG leadership was not fears, expectations and interests of all sides before ready for such a dialogue, having lacked the beginning the negotiation process is vital to opportunity to discuss parameters for such a achieving one’s goals. His experience also meeting among themselves or separately with the underlined the need to consider both the Kosovar Serb minority leaders in the parliament. perspective of the general public and the potential Mr. Thaqi and Prime Minister Rexhepi reaction of the international community. As he emphasized the urgent need for such a dialogue. explained, it is important for leaders involved in Mr. Skendar Hyseni and Dr. Nexhat Daci on the negotiations to begin by mapping their own other hand did not feel that the Vienna meeting interests, to work together to formulate a unified was a complete failure because the recent position and to jointly develop a plan that lays out proclamation by US Under Secretary of State for how they will achieve their goals. Mr. Meidan Political Affairs Grossman setting 2005 as the date also emphasized that its important to be creative for assessment of the standards resulted from that about how different international actors can help meeting. Nonetheless they acknowledged that achieve agreed upon goals and suggested that there was a need for more preparation and that the sometimes it may be useful to engage Kosovar leadership needs to do a better job of intermediary international actors in support of getting the international community on its side. one’s efforts. The Kosovar participants also reacted with John Biehl , who acted as official great interest to the principle of sufficient respondent to Mr. Meyer and Mr. Meidan, stated consensus used in South Africa and the ANC’s that the best way to build credibility with the efforts to develop credibility with the international international community is to shake up the way community. During the closing discussion Mr. one routinely conducts politics. In his experience, Ismail Ebrahim Ebrahim elaborated on the it is up to the government and political leaders to ANC’s experience. As he explained, the establish consensus and create credibility. In international community was skeptical of their Chile, for example, where the challenge was to capacity to govern and many were worried about end a tradition of authoritarian governance and a how they would treat the white minority. For this culture of coups, building consensus among reason a significant effort was made by the ANC parties and institutionalizing to demonstrate that it had trustworthy and capable platforms were vital steps toward recovering leaders. Symbolic gestures, such as Nelson credibility with the international community. Mandela’s prison letter to President Botha, and the publication of an official document entitled In much of the discussion that followed, “Ready to Govern” that outlined the ANC’s future PISG members reflected on the panel plans for South Africa helped to gain the trust of presentations in light of their recent experiences the international community. In addition, the with preparations for the for a first meeting with ANC developed a successful strategy to mobilize Serb representatives in Vienna in October. The support among students and other constituents in event was controversial because it was primarily the United States and Europe, who in turn put driven by international institutions such as the UN pressure on their governments to end their support and the EU and was not endorsed by the Kosovar of Apartheid.

7 Dealing with Multiple Parties and Interests role in breaking ground on some of the issues that the larger parties refused to address. At the same The final panel discussion, entitled time, it was Mr. Ervine’s experience as part of a Dealing with Multiple Parties and Interests, was community that did not feel that its voice was moderated by Wendy Luers , Co-Founder of the being heard, that ownership and inclusion are Project on Justice in Times of Transition of difficult to achieve in a situation in which opinions Harvard University and presentations were made vary vastly. In fact, establishing inclusion across by Mr. Ismail Ebrahim Ebrahim , the Political the board remains a challenge in Northern Ireland. Advisor to the Deputy President of South Africa and senior African National Congress participant During the discussion that followed in the multi-party negotiations in South Africa, Kosovoar leaders were curious to learn more and Mr. David Ervine Senior Negotiator in the about reconciliation efforts in South Africa and to talks leading to the 1998 Good Friday Agreement know whether victims of violence still regularly and Chief Spokesman of the Progressive Unionist seek revenge. As they explained, Serbs in Kosovo Party in Northern Ireland . The panel discussion have equal rights on paper, but not in everyday built on the previous points raised and further life. The Kosovar leaders expressed great interest articulated the importance of consensus and broad in hearing more about how reconciliation was based support as negotiations proceed. achieved and what sorts of issues a society like South Africa faces now, despite their success in Mr . Ebrahim Ebrahim opened his addressing the difficult issue of reconciliation. presentation by stressing the importance of inclusivity and emphasized that this was the most successful element of the ANC’s negotiation Minority Panel Discussions strategy. In order to create broad consensus the ANC held a national conference to which they Two separate panel discussions specially invited 94 different organizations. The goal was to designed to address the needs of the minority assemble a broad coalition of diverse groups and representatives of the PISG were held parallel to representatives not only to discuss their goal of a the sessions already described. These panel free South Africa, but to articulate how this discussions were moderated by Wendy Luers , Co- freedom should look. Only once they had Founder of the Project on Justice in Times of established a “patriotic front” and created Transition, and Professor Brian Mandell of the consensus on what kind of country they wanted, Kennedy School of Government. Each of the did they initiate negotiations with the white international speakers in attendance participated in minority government. According to Mr. Ebrahim the special sessions for the minority Ebrahim, transcending party politics was essential representatives and contributed based on his to successfully negotiating multiple interests. respective experience.

Mr. Ervine agreed with Mr. Ebrahim The sessions with the minority members of Ebrahim’s points and commented on how different the PISG began with brief presentations by each of communities were brought into the discussion in the minority representatives in which they Northern Ireland. To begin with, Mr. Ervine described their communities and the position of explained, elections were held in which all parties their respective communities in relation to the which achieved a certain threshold earned a stake upcoming negotiations. Representatives of all in the negotiation process. The elections also three communities present (Turkish, Bosniak and served to define and manage relationships within Roma) emphasized the importance of maintaining the negotiation process, and in this context Mr. their cultural identity within a future Kosovo. Ervine mentioned that in Northern Ireland larger They also expressed frustration with the fact that parties had great influence on shaping issues, but the Serb minority refuses to acknowledge the some of the smaller parties played an important possibility of the establishment of a Kosovar state

8 and the fact that the smaller minority parties are sequence in which to raise minority issues and excluded from most decision-making vis a vis the organizing them in a fashion that builds future negotiation process. momentum, analyzing why talks break down when they do, and developing a strategy for Mr. David Ervine reminded the minority handling the media and the public in order to representatives that democracies are judged by make allies out of them. how they treat their minorities and that they are currently at an advantage because the international Much of what was discussed in the course community is very concerned about minority of the two panels was useful for the minority interests in Kosovo. In his experience minority representatives, and they were very appreciative of representatives are more likely to have an the opportunity to learn from renowned influential place at the negotiation table if they international negotiation practitioners on this work together. He acknowledged that cultural and subject. They also acknowledged the need for religious issues often dominate the concerns of capacity building among their representatives and minorities, but emphasized the importance of welcomed an offer by Mr. Fritschenschlager, the keeping these interests separate from the task of head of the OSCE Democratization Department in building a nation. Mr. Ervine also commented Pristina, to provide capacity building help in that minority representatives in Northern Ireland preparation for the negotiations as well as for found it important to be strategic and to find upcoming elections in Kosovo. dissenters within the majority with whom to work on creating conditions in their favor. One practical tool used effectively for these purposes in Conference Closing Discussion Northern Ireland was the party position paper. Such papers facilitated the definition of points of The final session brought all participants contention and the finding of common ground. back together for a concluding discussion. Senior leaders of the PISG had held a separate meeting Roelf Meyer emphasized the need for with Ambassador Petritsch, Roelf Meyer and minority representatives to remain part of the Timothy Phillips, during which they developed a negotiation process (regardless of Kosovar Serbs’ working plan on how to establish more favorable actions and tactics) and to keep themselves international and regional sentiment toward their positioned as part of the larger negotiation effort. goals and how to develop more capacity in In South Africa, the minority found itself in a preparation for future negotiations. During that better negotiation position when discussions were meeting senior Kosovar participants requested that not focused on its position as a minority, but rather the original conference program be changed to on the conditions of minority members as allow a joint discussion of this plan so that individuals. Both Albert Reynolds and John participants could discuss the idea and formulate Biehl shared experiences with the group that concrete steps to move things forward. underlined the need to be well organized and to speak with a unified voice as this only enhances Timothy Phillips and Roelf Meyer the position of minority groups in negotiation presented an overview of the working plan to the efforts. group on the behalf of the senior leadership members who participated in the earlier Finally, Professor Brian Mandell offered discussion. The plan – still very loosely the minority representatives specific tools and formulated - suggested the establishment of an strategies to consider as they approach the inclusive and informal effort that would work negotiation effort. The negotiation checklist he parallel to the PISG effort to meet the standards presented included: articulating and defining laid out by the international community. This interests, identifying possible barriers to the talks, would primarily entail seeking advice and identifying allies and adversaries, figuring out the assistance from leaders in other transitional

9 contexts and developing relationships with them. encouragement that we have initiated what will The central goals of such an effort would be to hopefully be a productive relationship over the build capacity internally and to create greater coming years. We are currently discussing international awareness and a more favorable possible follow-up activities with PISG attitude toward Kosovo. The group discussed the representatives, among which are: proposal and adjourned the meeting after deciding that it was too early to make decisions about a • Holding a separate meeting for Serb minority concrete plan and that participants should be given participants similar to the one offered in Burg time to consider how to approach the proposal. Schlaining tailor designed to help them establish consensus and to better formulate At the end of this discussion President their interests and needs. Ibrahim Rugova stated that the event had been refreshing and useful, and that he considered the • Organizing a working trip for senior PISG meeting a success. Mr. Hashim Thaqi confirmed members to South Africa to help them learn that Kosovo needs to gain the trust of the more about the South African transition, in international community and that he hoped this particular the ANC strategy in gaining meeting would initiate a fresh effort to cultivate international support for its transition and the new international relationships. Upon return to South African experience in building a multi- Kosovo Dr. Nexhat Daci commented to the ethnic society. Kosovar press: “Participation in this seminar was of dual importance to us. The first benefit was • Collaborating closely with representatives of learning from participants from countries that have the working groups focused on meeting the overcome problems and built their states, such as international standards and establishing a South Africa, and from countries such as Ireland dialogue with Serbia to help them build where there are important lessons to be learned. capacity in preparation for upcoming The second benefit was that we were isolated for negotiations. three days from our daily problems and all the leaders had excellent communication.” Utilizing the Project’s methodology, we anticipate continuing our collaboration and improving the Next Steps capacity of all PISG members to govern the region of Kosovo together. Such broad based Much of the preparatory work for the participation is central both to the success of any initial Crafting Strategies for Negotiation program future negotiations and for the establishment of a in Burg Schlaining, Austria involved securing the sustainable peace and democratic society in the trust of the key members of the leadership in region. Kosovo. Our success in doing so gives us

10 Acknowledgements

The Project on Justice in Times of Transition would like to thank Eric Berger, Josh Black, Mark Dickenson, Friedhelm Fritschenschlager, Ben Harburg, Sanna Johnson, Akan Ismaili, Fron Nazi, Lulzim Peci, Marcie Ries, Besnik Tahiri, Martin Vulaj, and William Walker for their assistance with the planning of this initiative. Funding for the conference was provided by the Olof Palme International Center.

This report was written by Ina Breuer, January 2004.

The Project on Justice in Times of Transition

The Project on Justice in Times of Transition is an inter-faculty initiative of Harvard University under the auspices of the Kennedy School of Government, the Harvard Law School, and the Faculty of Arts and Sciences. Originally founded in 1992 as part of the New York-based Foundation for a Civil Society, the Project assists states emerging from repression or conflict to engage in dialogue across national, ethnic, religious and ideological boundaries with the intention of preventing legacies of the past from jeopardizing their progress toward democracy and peace. The Crafting Strategies for Negotiation meeting was the 40 th of the Project’s distinct initiatives which have provided an extraordinary stimulus to pragmatic problem-solving by offering a broad spectrum of individuals exposure to international experiences in ending conflict, establishing peace, and building civil society. Among the countries and regions in which the Project has worked are South Africa, Northern Ireland, Central and Eastern Europe, and Central America.

ADVISORY BOARD

JOSÉ MARIA ARGUETA ÁRPÁD GÖNCZ ROSE STYRON Guatemala United States OSCAR ARIAS MIKHAIL GORBACHEV JOZSEF SZAJER Costa Rica Russia Hungary PAUL ARTHUR VÁCLAV HAVEL LAWRENCE WESCHLER Northern Ireland Czech Republic United States HANAN ASHRAWI MAURICE HAYES JOSÉ ZALAQUETT Palestinian National Authority Northern Ireland Chile GEORGE BIDDLE BRANKA KASELJ United States STEERING COMMITTEE: KURT BIEDENKOPF JAMES LEMOYNE Rt. Hon. Kim Campbell, United States Faculty Chair THOMAS S. BLANTON NELSON MANDELA John F. Kennedy School of Government, United States South Africa Harvard University ALEX BORAINE ADAM MICHNIK James A. Cooney South Africa Poland Weatherhead Center for International Affairs, MARTIN BUTORA LUIS MORENO OCAMPO Harvard University Slovak Republic Argentina Philip Heymann NAOMI CHAZAN SHIMON PERES Harvard Law School Israel Israel Wendy W. Luers ROGER ERRERA TANJA PETOVAR The Foundation for a Civil Society France Sweden Timothy Phillips JOACHIM GAUCK DIMITRINA PETROVÁ The Foundation for a Civil Society Germany Bulgaria Peter Zimmerman RICHARD GOLDSTONE JON SNOW John F. Kennedy School of Government, South Africa Great Britain Harvard University LEONEL GOMEZ DICK SPRING El Salvador Republic of Ireland STAFF: Sara Zucker Director Ina Breuer Associate Director

11