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 United Nations Interim Administration in governance in Kosovo. 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 law, 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 Serbia/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, Chile, 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. • Ibrahim Rugova , President of Kosovo 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 Costa Rica 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