ASSEMBLY SUPPORT INITIATIVE asi asiNEWSLETTER

ASSEMBLY SUPPORT INITIATIVE NEWSLETTER JANUARY 2006, NO 20

Negotiations on future status of Kosovo begin

oces Mission in Kosovo ASSEMBLY SUPPORT INITIATIVE 2 NEWSLETTERasi 3. Kosovo: A European Challenge Editorial Veton Surroi This issue of the ASI NewsleĴ er devotes 4. Assembly Key in Negotiation and Status Talks itself to the start of the process of Ramush Tahiri determining Kosovo’s future status, the role of the Assembly of Kosovo and 5. A crucial time for Kosovo strengthening negotiations skills. Mark Dickinson 6. Opening address by Ambassador Werner Wnendt at the negotiation skills building programme Following the Standards assessment and the comprehensive review of the situation in Kosovo by Ambassador Eide 8. Paradigm Shift: The Essence of Successful Change in September 2005, Kosovo has entered a historic phase. Roelf Meyer On 24 October 2005 the UN Security Council endorsed the recommendation to initiate discussion on Kosovo’s 10. Enhancing Negotiating Skills through Simulation, Legal Drafting future status. Former Finnish President MarĴ i Ahtissari Paul Williams was appointed UN Special Envoy for the Status Talks. 11. The Fletcher School of Law and Diplomacy Provides Negotiation The Contact Group issued ten Guiding Principles for the status determination process. And on 22 November, Mr. Training To Both Albanian and Serb Leaders in Kosovo Ahtissari, together with his Deputy Albert Rohan, arrived Eileen Babbitt in Kosovo and conducted a fi rst meeting with the Kosovo 12. “Serbs are not just part of the problem, they’re also part Delegation. of the solution” Biserka Ivanoviý In previous weeks the Kosovo Delegation met several times 13. Our Aim: To Return Kosovo’s Cultural Heritage and established the structures entrusted with generating Astrit Haraqija proposals and policy options for the talks. On 17 November the Assembly of Kosovo approved a resolution outlining 14. The Contact Group’s Guiding Principles for a Settlement the principles it wants to see realized when the issue of of Kosovo’s Status status is decided by the UN Security Council. 16. The council of EU foreign ministers conclusions on Kosovo

Along with the political and diplomatic activity on status, 17. Resolution of the Assembly of Kosovo intensive preparatory work, strategy development, and 18. The Document of the Kosovo Delegation for Martti Ahtisaari, negotiation skills will be required. From 30 October to 30 Special Envoy of the UN Secretary General on the fi nal status November, Kosovo-Albanian and Kosovo-Serb politicians of Kosovo intensively worked on strengthening their negotiation skills. Members of the Assembly, government experts, and 20. Negotiations against Self-Determination political party representatives engaged in a series of events, Albin Kurti organized by the Fletcher School of Law and Diplomacy, the Public International Law and Policy Group, and the 22. Recent Developments in the Assembly OSCE Mission in Kosovo. Franklin De Vrieze

The current issue of the ASI NewsleĴ er refl ects upon the diplomatic and political process surrounding the negotiations, the role of the Assembly of Kosovo, and the experiences from the support programme in preparation of the negotiations. Several key-documents have been included in this issue, as well as opinion pieces refl ecting diě erent views on the process. We hope you fi nd them interesting and we look forward to your feed-back.

Franklin De Vrieze, For a period of two days in October 2005, 24 OSCE Ambassadors took part in briefi ngs and meetings to assess the situation in Kosovo prior tp the launch of Assembly Support Initiative Coordinator. status talks. The delegation met with political leaders from all communities in Kosovo and heads of several international organizations. ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 3 Kosovo: A European Challenge Veton Surroi, member of the Assembly of Kosovo, of the Kosovo Delegation for Status Talks and head of the consultative council on minority communities The issue of Kosovo could be a symbol of a new European foreign policy, respectively the fi rst victory of what could become a future Foreign Ministry of the European Union. This year, by chance, several developments in the EU have marked something that can be considered as a foreshadowing of political developments to come. Referendums on the European Constitution in France and the Netherlands showed the animosity toward the EU’s accelerated enlargement.Among the items in the Constitution was to be a European Foreign Ministry that would have taken over more obligations on behalf of the 25 European countries. Only recently, a united Euro- pe—along with the support of the UN’s mandate and with direct backing by the US and become clear to Europeans. To know how to manage, but conditioning has already been Russia—almost took the key date, EU practice in Kosovo that’s another story). The power done at a diě erent level. The intermediation role on determin- has been to provide funds to of the EU, during the past EU has three diverse models ing the fi nal status of Kosovo the UN Mission and in turn decades, was in transforming for the same process, known as bureaucrats within the UN societies by stimulating them, Stabilization-Association. This In 1998-1999, Kosovo served as have spent the money. The not through dictating and can be compared to a waiting a perpetual example, aĴ esting paradox here is that although force. This way the EU has room which leads to the main that America’s lead was needed the EU was not responsible assisted all societies, starting room, namely to the oĜ cial in resolving problems in Europe for them, it was, however, from those that emerged from candidacy for EU accession. The following wars in Croatia and held accountable before the right wing dictatorships such countries of the western Balkans Bosnia and Herzegovina. In public. An infamous example as Spain, Portugal, and Greece, should go through the process 2005, joint Euro-American is Kosovo Electric power to countries of the ex-Soviet of fulfi lling the standards in eě orts proved that Kosovo was Corporation (KEK). The camp which emerged from order to become candidates. in the strategic interest of the decision for spending over half leĞ wing dictatorships such as One of the models, the normal United States, not just in dealing a billion Euros by UNMIK was in Central European countries one, had been used for countries with “small” regional problems political in nature. It was the and the Baltics, by conditioning such as Croatia, Macedonia, and such as Kosovo, but also in EU’s money. For the citizens fi nancial aid to changes in the Albania. Another one, known addressing challenges faced by who realize that even aĞ er six economic and political system. as the parallel model, applied the continent. Of course, all this years they still do not have This paradigm was not applied in Serbia and Montenegro’s was done through an emphatic suĜ cient electricity supply, the in Kosovo. The EU had been case, was done by oě ering two American diplomatic initiative EU is held accountable. built as a non-functional UN channels, one for Serbia and that broke the existing status In fact, the EU does not know system. Now is the time to the other for Montenegro. The quo in elaborating the issue of how to manage other countries, change, by changing its entire third one, known as a “tracking Kosovo. and it has never done it before. philosophy, from management mechanism,” was developed for The substantial move from one (It suĜ ces to say that the UN to conditioning. Kosovo. political entity to another will has also proved that it doesn’t In reality, this policy of continues on page 7 ASSEMBLY SUPPORT INITIATIVE 4 NEWSLETTERasi Assembly Key in Negotiation and Status Talks Ramush Tahiri, Senior political advisor to the Assembly President

hat role will the As- Kosovo’s people. Assembly is of a paramount Sovereign State of Kosovo, are W sembly of Kosovo have importance. Namely, in the actions already undertaken by There is a general consensus in the process of negotiations Kosovo Assembly 17 political the body. The Assembly, being that Kosovo’s status cannot for defi ning Kosovo’s future entities are represented, represented in the Negotiation remain in continual limbo as status? What will their including all ethnic groups. Team by the Assembly this cannot produce stability. function be in relation to the Speaker, strengthens the Accordingly, this must change. Negotiation Group? How We have never questioned the constitutional role of the body much input will the Assembly Now, as the task begins to fact that the Kosovo Assembly and enables active and decisive have in the decision-making bring about an agreement has a great responsibility participation in all issues as process, approving consent, or a decision on status with and that it will meet all its they relate to the defi nition of preparing of platforms and all interested parties and obligations in preparing the Kosovo’s destiny. other documents? negotiation teams, we need to Platform for negotiations, It is great signifi cant that fi gure out the responsibilities determining the future status, Now, aĞ er more than six the Negotiation Team is and obligations of Kosovo’s appointing a Negotiation years under an international comprised of the President, bodies and institutions Team, as well adopting and administration, the process of Prime Minister and President regarding this crucial issue for ratifying decisions or specifi c determining the future status of the Assembly, as well as the future of Kosovo citizens agreements. Both the Assembly of Kosovo has fi nally begun. representatives from two and the region. and the Government of Kosovo This, in accordance with have suĜ cient capacities to opposition parties. This ensures the following international Taking into account some be directly involved in status full compatibility between the objectives of: fi nding a solution basic principles and criteria, talks and provide concrete aid Team and the Assembly, and to the unresolved issues of which will determine these for all issues, which are parts it also provides the necessary Kosovo; turning Kosovo talks, envisaged also by the of negotiations or accords. votes for approving issues into a stabilizing factor and Contact Group, and taking tabled in the Assembly by the democratic country where into consideration that The approval of the Negotiating Team, or issues being debated the rights and freedoms of all negotiations are to be held Team by the Assembly, as well by Asembly members. citizens are respected equally; about the future of a territory as the approval of Resolution and, working,in accord with and its citizens, it is obvious on Recognition of Citizen’s The Assembly shall involve in the freely expressed will of that the responsibility of the Will for Independent and the working groups through the respective parliamentarian commiĴ ees or Assembly members, who are experts in certain fi elds. The Assembly will provide the working space, technical conditions, and staě support. The active participation of the Legal and Legitimate Institutions of Kosovo, especially the Assembly, in the negotiation process and determination of future status is a necessity due to the fact that the Institutions represent the will of the people as decided in free and democtratic elections, and provide respect for the sustainability of decisions made for Kosovo and on behalf of Kosovo. ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 5 A crucial time for Kosovo Mark Dickinson, Head of the Liaison Offi ce of the United Kingdom T he past two months have the communities in the region, seen historical decisions should continue and feed into for Kosovo, culminating in the the process. The Contact Group beginning of the fi nal status has agreed ten broad guiding process. The next twelve principles to shape the outcome months will see many more; of the Status process. These rule it is now time for Kosovo’s out a return to the pre-March leaders to prepare themselves 1999 situation. There can be no to take part fully in this process, changes in the current territory a process for which many have of Kosovo, i.e. no partition of been working for many years. Kosovo and no union of Kosovo As a member of the Contact with any country or part of any Group, the UK welcomed country. The territorial integrity Kai Eide’s report, which was and internal stability of regional and other cultural and religious prosperity to Kosovo. It is vital published in October, and the neighbours must be fully sites in Kosovo. that implementation of the subsequent recommendation by respected. The status seĴ lement standards for Kosovo continues must ensure Kosovo’s security The seĴ lement of Kosovo’s the Secretary-General to launch Status should look to promote in conjunction with the Special the process to determine the fi nal and that Kosovo does not pose a Envoy’s work on the fi nal military or security threat to its eě ective mechanisms to status of Kosovo in accordance enforce the rule of law, to fi ght status talks. Fulfi lling the eight with UNSC Resolution 1244. neighbors. Specifi c provisions standards will help create a on security arrangements must organized crime and terrorism We also warmly welcome the and safeguard the multiethnic beĴ er society for all, but also, appointment of MarĴ i Ahtisaari be included. will aě ect the pace and results Furthermore, the seĴ lement character of the police and to lead this process; one could the judiciary. The rule of of the fi nal status process. It will not imagine a more qualifi ed or should ensure multi-ethnicity also determine the speed with that is sustainable in Kosovo. law is essential for Kosovo’s suitable envoy. sustainable economic and which Kosovo is able to join It should provide eě ective the European Union. The Eide The Special Envoy’s visit to constitutional guarantees political development. Large- Kosovo in mid November scale investments will only report provides a road map of and robust mechanisms to the journey that Kosovo must marked the start of the fi nal ensure the human rights of come to Kosovo if investors can take in fulfi lling the standards. status process. Now that all of Kosovo’s citizens. This be sure that it is a functioning this has started, it cannot be includes the right of refugees democratic society where the The fi nal decision on Kosovo’s blocked and must be brought and displaced persons to rule of law applies across the Status must be endorsed by the to a conclusion. The outcome return to their homes and re- board and where no one is seen UN Security Council. It is not of this process will have a direct integration into the community. to be above the law. for the British government to impact on future generations. say what Kosovo’s fi nal status Mechanisms should enable Furthermore, fi nal status must It is therefore important that should be – even if we are well all Kosovo communities also be fully compatible with all communities in Kosovo aware of what the vast majority to participate in both local international standards of are fully prepared for the of Kosovo’s citizens want. The and central government. human rights, democracy and talks. It is especially important fi nal status process will not be Eě ective structures of local international law. Adherence to that Kosovo’s minority an easy one. All parties will be self government, established European standards is essential communities, including the required to prepare detailed through the decentralization for Kosovo to realise its Serbian community should negotiating positions and agree process, should ensure ambition to join the European have the opportunity to express on issues where they can make equitable and improved access Union at some point in the their views and argue for their compromises and issues where to public services. In addition, future. As current holder of the own interests. The Contact they will not. DiĜ cult decisions the seĴ lement of Kosovo’s European Union Presidency, Group has asked the authorities Status should include specifi c will have to be made. But it is the UK aĜ rms the European in Belgrade to encourage the safeguards for the protection time to move away from the Union’s commitment to support Serbs of Kosovo to take their of the cultural and religious past and look to the future. the process, during the status place in Kosovo’s institutions. heritage in Kosovo. This should The process of reconciliation, discussions and beyond. It is important that the dialogue include provisions specifying however painful, must start to within Kosovo, between Pristina the status of the Serbian But, whatever happens, fi nal ensure the development of a and Belgrade, and between all Orthodox Church’s institutions status alone cannot bring sustainable Kosovo. ASSEMBLY SUPPORT INITIATIVE 6 NEWSLETTERasi Opening address by Ambassador Werner Wnendt at the negotiation skills building programme

30 October 2005 – Kosovo Police Service School, Vushtrri/Vuÿitrn

t’s my pleasure to welcome This programme, developed which will focus on outcome of the status talks I you to this negotiation by the OSCE Mission in draĞ ing and negotiating a through the simulations or skills building programme. Kosovo in co-operation with constitution and deal with direct participants toward I am particularly honoured the Public International Law topics such as the role of any particular outcome. and Policy Group and the the third party mediator by the presence of the • Devising a DraĞ er’s Fletcher School of Law and or cultural sites that need Prime Minister, Mr. Bajram Handbook designed to Diplomacy, represents an protection. A draĞ ing Kosumi. I would also like serve as a practical guide important contribution to exercise on a specifi c topic to welcome the experts of for negotiators and experts. our mandate of providing will be included, so that the Public International Law The Handbook will be support and capacity you may gain familiarity and Policy Group - PILPG, divided into a series of building assistance to with the diĜ culties which Mr. Paul Williams and subject maĴ er templates Kosovo’s institutions. The are likely to arise during his team, who will spend tailored to refl ect those programme is composed of the draĞ ing of a status the next week generously agreement. I would like to issues most likely to arise three modules: sharing their experience and stress that no aĴ empt will during talks. Each template knowledge with you. • A negotiation simulation, be made to prejudge the will contain a brief primer ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 7

continues from page 3 These three models show the parallel movement between determining Kosovo’s status and the speed in which it’s beĴ er integrated into Europe. This can be seen also as a very symbolic gesture. The negotiation process for determining the status of Kosovo was opened, at the same time when the negotiation process for what in fact is the acceleration of Serbia’s accession to EU. But, what could be the ad-ded value for European diploma- cy? To have solved the issue of status, namely to have recognized a newly created state. No. For a united Europe, the issue is how to prove it on the subject, a detailed skills. For this reason, a front throughout the future can transform countries with comparative analysis of similar programme will be status determination process. limited power. In order to language used in other oě ered to Kosovo Serbs at Second, the Kosovo achieve this, countries such peace agreements, model the end of November. Delegation has to prepare as Kosovo, Montenegro and language, and a brief I am confi dent that all of itself to enter the negotiations. Serbia should fi rst become summary of the political you will benefi t from the It will need technical support independent, so that they context of relevant previous expertise and experience from working groups which could then become EU agreements. provided by PILPG. Through are yet to be established. partners. • Conceptualizing negotiat- this programme, you will Concrete action is urgently Actually, the issue of transfor- ing processes and strategy strengthen your negotiation needed here. mation of countries, from development to familiarize skills and acquire a more crisis point to functionality, And third, I would like you with the specifi cally precise understanding of are among the greatest to stress that non-Kosovo relevant aspects of the the process. This will prove challenges of the world. For Albanian communities must theory of negotiation. It will especially useful for those the EU, it would be a great be included in this process. include topics such joint of you who will be closely advantage to be able to prove A clear proposal on inclusion that, vis-à-vis crises in Middle gains, analyzing interests involved in the status talks. rather than positions, of their concerns has to be East and Central Asia, a working with a third Today, Kosovo stands at an made by Kosovo’s leaders. country like Kosovo can party and opportunities/ important point in its political This is the only way to ensure move from the crises and war, constraints of public development, with the talks ownership of Kosovo’s future humanitarian intervention, opinion; working with on its future status to be status by these communities. in-ternational protectorate to a modern European state. constituents. A prominent launched soon. Having this To conclude, I hope you will And, needless to say this is international negotiator in mind, I would like to take fi nd this programme useful. above all in the interest of will come to Kosovo and this opportunity to reiterate Please know that the OSCE Kosovans themselves. provide his testimony. the following points: remains ready to provide This article is based upon a more It is also the OSCE’s conviction First, Kosovo’s ability to further capacity building elaborated speech delivered to programmes, should the that equal opportunity should secure its future within the European Club of Harvard need arise in the course of the be given to all parties who are Europe will depend to a great University on 15 November involved in this process to extent on the capacity of its future status determination 2005. strengthen their negotiation leaders to present a common process. 5 ASSEMBLY SUPPORT INITIATIVE 8 NEWSLETTERasi Paradigm Shift: The Essence of Successful Change In the framework of the Negotiations Support Program, Mr. Rolf Meyer came to Kosovo to share his experience as Chief Negotiator in South Africa. In the early 1990’s a paradigm shift took place in the political reasoning of the National Party (NP) government, the ruling government of the day, which accelerated the process to transform South Africa from an apartheid state to a state espousing equal rights and opportunities for all its citizens. As a member of the government’s negotiation team, Mr. Meyer experienced this shift personally, as he reveals in his below testimony. The Negotiations Support Program was offered to Kosovo‘s political leadership and experts to status talks. The initiative was organized by the OSCE Mission in Kosovo and the Fletcher School for Law and Diplomacy, along with the support of the US-based Project on Justice in Times of Transition.

Roelf Meyer, Chief Negotiator in South Africa

y experience as one of towards a diě erent future. parties, it is pertinent that the total failure of CODESA caused M the main negotiators Many politicians will reason leadership of such a country a catharsis, which in turn for the NP-government is that it’s much safer to keep an espouses - and so promotes necessitated a departure from that political leaders and old framework, politically and and endorses - radical change. the old way of thinking and negotiators typically negotiate personally, than to engage in a For this to take place, the actual acting. new paradigm. thinking of the leadership of from territories and positions Paradigm shiĞ : The result of the parties in such a country they know. At best they are Eventually, a shiĞ from the old the catharsis was a shiĞ in or region needs to change in prepared to adjust that position to the new, from the past to the paradigm on the personal level a fundamental way. In other in order to meet demands from future, will have to be made. that informed the political words, a paradigm shiĞ is the opposing side. All policy No confl ict can be resolved and procedural levels and so called for. changes that are made are, without opposing views created a negotiation process therefore, of a tactical nature and merging, or common new Characteristics of entirely diě erent in quality from are, therefore, not fundamental positions being developed that Transformational Leadership previous sets of negotiations. to the sustainable resolution are a major departure from the The transformational leader- The leadership of the African of confl ict. Rarely do political old ones. Thus, when a state, ship in South Africa was National Congress (ANC) and leaders take the risk to venture a country, a region is involved characterised by the following: the NP, respectively, entrusted into an unknown territory in a protracted socio-political Cyril Ramaphosa and myself and seldom do they challenge confl ict and it is serious in its Another fresh start aĞ er the to take the process forward. In themselves to defi ne visionary aim to come to a sustainable Convention for a Democratic our functioning as negotiators, and idealistic positions to work solution that is agreed to by all South Africa (CODESA): The the paradigm shiĞ was evident in our relationship and the negotiating process in the following: Trust: The trust that developed between Ramaphosa and myself was essential in reaching agreement on the way forward, and also during the actual process of constitution making. We believed that as a team we would fi nd no problem insurmountable, even where there seemed to be irresolvable issues between us. Common belief: Both Ramaphosa and I believed in a negotiated seĴ lement as the only sustainable solution to the confl ict in South Africa. Joint ownership of a common ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 9 vision: Even though coming energy on peĴ y diě erences. process the paradigm shiĞ was forcing them to resolve these on from oppositional backgrounds evident. Some examples are: camera, the outcome would be Focus on fi nding answers to Ramaphosa and I were announced in the open multi- complex issues: Opposing Principles instead of dogmas: commiĴ ed to the vision that a party forum. parties would focus on A ‘principle’ must be seen as constitutional state needed to fi nding answers to complex the ‘establishment of common Information to the public: be created to ensure democracy procedural issues regarding ground’ established through Through the media our in South Africa. the negotiation process and consultation. respective constituencies Readiness to abandon previous the content of the constitution. remained informed. As a result Target dates: As part of joint positions: Since we had reached Opportunities were created for of this our constituents’ anxiety ownership it was necessary agreement on our ultimate parties to engage in thorough abated. This was one way in to give direction and steer goal, we abandoned previous deliberations on the details of which support was gathered the process towards a logical positions and entrenched non- the interim constitution. Never for the talks and the outcome. end so time frames played an negotiable ideological stances. before in the history of the The media’s refl ections on essential role in the process. The country had black and white the negotiation activities Win/win principle: Our approach to respect target dates, worked together as equals were mostly objective, their common vision enabled us the election date amongst them, formulating a common future, investigative journalism to take joint ownership of the ensured that the negotiators a joint destiny as partners. informed both public and negotiation process and so worked in a commiĴ ed and negotiators and created a create the foundation for a win- Positive image building: During focused manner. Working dynamic of interaction. win solution. We developed the deliberations erstwhile against deadlines not only a faith in a common solution adversaries met on a person- consolidated trust, but was also Concluding remark reached through negotiations to-person basis. This meant eě ective in controlling emotions Many white South Africans that previous impersonalised amongst the black communities Respect for diě erences in today deny that they ever enemy images were revisited who grew more and more opinion: Through our mutual supported apartheid; others and replaced with respect. restless, especially when violent trust we developed a genuine would say that apartheid incidents like the assassination desire to listen with the purpose Inclusivity: At relevant times was not actually that bad. in April 1993 of Chris Hani, one of truly understanding each the multi-party negotiations The reality is that virtually all of the most popular leaders, other’s opinions. We developed consisted of more than twenty whites supported apartheid, occurred. an insight in each other’s mind political parties, government including myself, and it was by visualising and respecting structures and traditional A complete constitution: The very destructive. I mention the other’s origins. leaders’ groups. This ensured negotiations which mainly this because it is important, that no group felt excluded from I feel, not to run away from Because of shiĞ having taken concluded in November 1993 the process. Smaller and larger this reality. For me it is place in us, we could give resulted in the establishment of parties had equal opportunities fundamental to admit that direction to the negotiating a complete interim constitution, to participate. Although some apartheid existed and that teams and motivate them. a Bill of Rights and provisions parties, of which the Inkatha at one time I benefi ted from This became apparent in the for the implementation of a Freedom Party (IFP) was the it, indeed, that I was part of following: constitutional court and various most signifi cant, withdrew other institutions to uphold the the structure upholding it. I Faith in the aĴ ainment of from the multi-party forums at new democracy. want to stress, however, that, the greater good: The teams a certain stage of the process, despite this it was possible worked for a common vision bilateral interaction with them In our relationship with the for me, and for many others, aimed at creating a democratic never ceased and negotiated media, and through them to make the shiĞ from the South Africa. amendments to the interim with the country at large, the old paradigm to the new, constitution were made to paradigm shiĞ was apparent and so play an active part in Credibility: Unlike in the past accommodate them. The in: the establishment of a new the teams did not go back on inclusive nature of the process democratic South Africa. promises and concessions. resulted in the extremely Transparency: The multi- There was a very high moral high level of voter and party party negotiations were open My fi nal thought then, is to and ethical standard. participation in the fi rst to the media. An unforeseen say that if the will and the In-depth dialogues: With trust, democratic elections and the eě ect was that because of the faith exists in the prospect respect, and a common vision peaceful transformation that presence of the media we learnt of a sustainable peace, then both teams could aě ord to followed. to negotiate without projecting it is possible to resolve any spend time on serious, in-depth aggression. Even when tension confl ict, even one that lasted dialogues instead of wasting Also in formal parts of the did develop between the parties, for more than three centuries. ASSEMBLY SUPPORT INITIATIVE 10 NEWSLETTERasi Enhancing Negotiating Skills through Simulation, Legal Drafting On 30-31 October and 4-5 November, more than 40 members of Kosovo’s Provisional Institutions of Self-Government (PISG) and Assembly participated in Negotiation Skills Training held by the Public International Law & Policy Group (PILPG). Conducted under the auspices of the OSCE Mission in Kosovo, the training programme encouraged participants to devise innovative solutions to possible diffi culties in Kosovo’s future status negotiations.

Paul Williams, Director, Public International Law and Policy Group (PILPG)

participants toward any their party’s position but sought particular outcome. Rather, the compromise with members in simulations were designed to their delegation, shared ideas, highlight key issues that will and supported their delegation. need to be resolved to craĞ a durable peace in Kosovo. Participants also seemed to grasp the urgency associated For the second component with preparing for an of the programme, PILPG international negotiation. created a Briefi ng Book for the DraĞ ing a platform, and participants. The Briefi ng Book securing broad support among serves as a practical guide for diě erent interests, can be a negotiating and draĞ ing a fi nal lengthy and diĜ cult process. status agreement. The document PILPG asked those taking explains how to translate part to draĞ a hypothetical political agreements into statement of principles. legally binding treaty language. Working over two days, in ILPG hoped to improve While each participant was In small group sessions, we small groups, the participants P both the participants’ assigned the role of a delegation focused on craĞ ing provisions negotiated and draĞ ed a 20- empathy for the interests held to Iraq’s Constitutional in a way that might ease the point platform containing by other parties, as well as Congress, PILPG selected task of implementation. provisions on future status, their understanding of diĜ cult topics likely to arise during The Briefi ng Book contained a continued international legal issues. Participants were Kosovo’s negotiations templates for those issues presence, protection of nominated by party leaders such as the role of the most likely to arise during minority and human rights, and represented each of the international community, new future status negotiations and and support for the rule of law. four main political parties: responsibilities of the (Kosovo) paralleled issues presented in This platform was presented to LDK, AAK, PDK, and ORA. Government, decentralization the simulation. Each template the Kosovo Delegation Team. Participants from the PISG’s and local government, and briefl y summarized the Perhaps most importantly, the ministries and the OĜ ce of the the protection of cultural sites subject, provided relevant training programme generated Prime Minister also aĴ ended. and minority rights. Further, language from previous peace signifi cant momentum. The the simulation included a agreements, and suggested The training took place in two participants readily took draĞ ing exercise on specifi c model language. parts. The fi rst component topics so that participants ownership of the issues was a negotiation simulation could gain familiarity with the All participants discussed presented and developed a based on Iraq’s Constitution. diĜ culties likely to arise during the issues candidly and sense of responsibility toward The simulation was designed the draĞ ing of a fi nal status openly. Of course, there resolving these issues, with according to the methodology agreement. The exercise ended were disagreements, but many indicating that this applied by the United States with all participants discussing participants displayed was the fi rst time they had Department of State’s National “lessons learned” over the mediation, compromise and an opportunity to air their Foreign Aě airs Training course of the instruction. negotiation skills throughout opinions. Others said the Center, which uses negotiation the duration of the programme. programme had led them simulations to train American PILPG did not aĴ empt to Surprisingly, participants to think about other issues, diplomats prior to mediations prejudge the outcome of worked across party lines. related to those discussed and negotiations. the exercises or direct the They did not necessarily argue during the project. ASSEMBLY SUPPORT INITIATIVE 6 asiNEWSLETTER 11 The Fletcher School of Law and Diplomacy Provides Negotiation Training To Both Albanian and Serb Leaders in Kosovo Professor Eileen Babbitt, Director of the International Negotiation and Confl ict Resolution Program at the Fletcher School of Law and Diplomacy (USA)

t the request of the OSCE trainings over many years in A Mission in Kosovo, the countries of the former the Fletcher School of Law Yugoslavia. and Diplomacy from TuĞ s They were joined by Mr. Roelf University in the United States Meyer, former Minister of designed and conducted two Defense of the government negotiation training programs of South Africa, and lead in November 2005. The negotiator for the National purpose of these workshops Party in the negotiations that was to increase the eě ectiveness resulted in the historic peace of negotiation skills of both the agreement in South Africa. He Albanian and Serb political shared his experiences with leadership in Kosovo. The the participants and provided reason that both communities important insight into how to were included was our belief approach the upcoming status that the more the leaders on talks. In addition, the team was all sides of a negotiation are joined on the third day by Mr. prepared and skilled, the beĴ er Mr. Pupovac participated in on the other side of the table. Wolfgang Petritsch, currently the outcome will be for each the 1997 discussions leading Rather than continuing to make the Austrian Ambassador side. This is because all sides to the reintegration of Eastern non-negotiable demands that to the UN in Geneva and will then appreciate the benefi ts Slavonia. In this training appear irreconcilable, eě ective formerly the EU Envoy to of working from interests rather program, he reviewed the negotiation stems from Kosovo and EU mediator in than from positions, and of negotiation lessons he has understanding the motivations, the Rambouillet negotiations. pursuing creative options that learned over many years as concerns, and fears that are Mr. Petritsch reviewed both meet the interests of all. a political leader in Croatia, behind such demands. This, in the Contact Group’s “Guiding and advised the Kosovo-Serb turn, leads to fi nding creative The fi rst training program was Principles for a SeĴ lement leaders on possible strategies approaches that respond held on 10-12 November at of Kosovo’s Status” and the for the current talks. to the core concerns of all the Palace Hotel in Mitrovica, European Union’s response to sides, not just one’s own side. with a distinguished group those principles. In both training programs, Such creative solutions are of Kosovo-Albanian political the emphasis was on the much more sustainable than leaders. The program was The second training program importance of preparation and outcomes that are imposed or prepared in collaboration with was held on 27-28 November analysis. Both the trainers and that are perceived as benefi ting the U.S.-based Project on Justice in Brecovica, with an equally the guest speakers stressed the one side more than another. in Times of Transition. The distinguished group of value of preparing ahead, rather trainers were Professors Eileen Kosovo-Serb political leaders. than being caught oě guard All of the trainers and invited BabbiĴ and Diana Chigas from The trainers were Professor at a later point. This allows speakers appreciated the The Fletcher School, both of BabbiĴ from the Fletcher for analysis and creativity opportunity to work with whom teach negotiation and School, and Dr. David Steele to prevail, and prevents the communities in Kosovo have extensive experience of Mercy Corps/Confl ict defensive reactions that can at this important time in the in conducting negotiation Management Group from the lead to deadlock. The primary negotiation process, and skills training programs with U.S. They were joined by Mr. preparation is to clearly all expressed interest to the political and business leaders Milorad Pupovac, M.P. to the understand the core interests OSCE and to the participants in countries around the world. Croatian Parliament. Among of one’s own group, and also in remaining involved as the They have both also provided many other accomplishments, of the group that will be siĴ ing process continues. ASSEMBLY SUPPORT INITIATIVE 12 NEWSLETTERasi 7 “Serbs are not just part of the problem, they’re also part of the solution” On 27 and 28 November 2005, the OSCE Mission in Kosovo organized a programme on negotiation skills for Kosovo Serb political leaders. The programme was run by the Fletcher School of Law and Diplomacy (USA) and joined by Dr. Milorad Pupovac, chairperson of the Serb National Council in Croatia. Mr. Oliver Ivanovi°, Head of the Serbian List for Kosovo and Metohija (SLKM) and a member of the Assembly of Kosovo, participated. Below are some of his refl ections on the role Kosovo-Serb politicians could play in future status talks. Interview by Biserka Ivanoviý, OSCE Mission in Kosovo SI: How do you assess for their survival. I think A the negotiations skills that all participants were programme held recently for very interested and open in Kosovo-Serb politicians? elaborating their positions. Oliver Ivanovi°: It was an ASI: What do you think is still excellent opportunity for needed? many of our people who are Oliver Ivanovi°: I think that we active in politics and didn’t missed the chance to conduct have an opportunity so far a simulation of the actual to learn something about negotiations on status talks. It negotiation techniques. It was would have been particularly an opportunity for all of us to interesting if participants played beĴ er understand what is at diě erent roles, such as the role stake in the negotiations. of the Serbian government The average Serb politician delegation, Kosovo-Albanian fruitful if we get involved in the rights of Kosovo Serbs. oĞ en knows very well what delegation, Contact Group discussion on decentralisation. ASI: What do you think he doesn’t want. However, representatives, and Marti We know what we expect Kosovo Serbs could oě er to he oĞ en doesn’t manage to Ahtissari. If we can’t get into from this process. Our direct Kosovo Albanians to make get what he wants. Actually, these roles, we won’t be able involvement has to be linked Kosovo a modern European he usually thinks that clearly to understand the positions of with the improvement society? expressing an opinion and all with whom we will need to of security situation. The stand on a particular issue is negotiate. question of return will not be Oliver Ivanovi°: Serbs are suĜ cient. He usually neglects possible to solve if we don’t ASI: What are your expectations a minority in Kosovo. As a the perspective of the other side bring several relevant factors now at the beginning of the minority community they’re on a particular issue, but this is together: the Serbian State, the status talks? not just part of the problem, not what negotiations are about. PISG, the Kosovo-Albanians, Oliver Ivanovi°: I expect they’re also part of the solution. Such an approach can only be UNMIK and the international negotiations to be peaceful, Kosovo today, more than ever, aě orded by the one who can community. Until now this issue without violence. I expect for needs political stability and ultimately pursue his solution. was approached in the wrong the negotiations to get into the security in all aspects, meaning There is only one super-power way, without good cooperation phase of direct talks soon. I rule of law. There is a need for in the world and they are not with the PISG and UNMIK and also anticipate that there will a historical agreement between the Serbs! with no signifi cant infl uence by be no one-sided decisions. I one majority and one minority ASI: What do you think was Kosovo-Serbs. fully agree with the Guiding community. Kosovo Albanians the greatest achievement of Principles of the Contact A particular task for the still don’t sense this. Kosovo- the programme? Group. Kosovo-Serbs will be to suggest Serbs could play a stabilising Oliver Ivanovi°: Its success changes to the Constitutional role and a hand in establishing ASI: Where do you see Kosovo- was, fi rst of all, that so many Framework on how instruments a climate of general confi dence. Serb participation in future new people came, particularly protecting minorities and I expect that they understand talks? from the central part of preventing out-voting are most their responsibility as a majority, Kosovo. They understand the Oliver Ivanovi°: Our vital or of particular signifi cance especially when it come to signifi cance of the negotiations participation will be the most in protecting the constitutional protecting Serbs. ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 13 Our Aim: To Return Kosovo’s Cultural Heritage

By: Astrit Haraqija, Minister of Culture, Youth and Sport I n September 2005, I agenda it was also envisaged impression that the Serbian meet in Prishtina/Pristina, met at the invitation of to discuss the reconstruction party was ready to accept and Minister Kojadinovic my Serbian counterpart, of Serb churches, the our request for returning agreed. Mr. Kojadinovic. The implementation of which of all valuables removed A second meeting has not yet meeting was held in a had already begun. This was from Kosovo in recent been held, but I expect and constructive atmosphere, due in part to the fact that I years. Hence, we agreed hope this to happen soon, aimed at increasing mutual was then the chair of the that the working groups for as cooperation would be in cooperation between two Interministerial Committee returning of documentation, the interest of both parties. neighboring governments. for Reconstruction. artifacts, archeological In our case, after all that has issues, cultural exchange The gathering was of great The primary topic of happened, it would also go and others, to report to the interest to the media and discussion focused on the a long way in smoothing respective ministers for general public as it was this the return of documentation out a troubled relationship . all issues discussed on the was the first of this type, and various Kosovo cultural Personally, I would be very ministerial level. between two high officials, heritage artifacts seized by happy if I have managed after the conflictI in Kosovo. the Serbian regime during We also agreed that UNMIK to at least give my humble However, comments the conflict, as well as a call facilitate the process contribution to overcome later made in the media to exchange information and that it partner with the barriers that history has would lead one to think related to cultural activities the Council of Europe, so often imposed upon us. I that it wasn’t even worth and appointing coordinators UNESCO and other similar believe that it was absolutely discussing at further length. to represent the two international institutions right to request the return In spite of this, it suffices to ministries. Both parties dealing with cultural issues. of artifacts as they belong say that at the international agreed on these issues During the gathering, I to all citizens of Kosovo, level it was seen as a and we were under the invited my counterpart to regardless of their ethnicity. milestone in cooperation. Accordingly, the Belgrade meeting contributed to regional dialogue, which is of paramount importance in achieving regional stability.

On the other hand, it is important to note that the gathering was not political in nature and hence it did not interfere in the political status of Kosovo, as we don’t have the mandate to discuss it. So, what was the motive behind the meeting and what was its aim? It was simply a working meeting, focused solely on issues that fall under the cultural scope of activities. According to the ASSEMBLY SUPPORT INITIATIVE 14 NEWSLETTERasi The Contact Group’s Guiding Principles for a Settlement of Kosovo’s Status

Nicholas Burns, Under Secretary for Political Affairs, U.S. Department of State. Contact Group countries include United States, United Kingdom, Russia, Germany, France and Italy.

T he Contact Group determine the future status The Contact Group calls on The Contact Group calls on has considered UN of Kosovo in accordance with the parties to engage in good all parties to establish unifi ed Secretary-General’s leĴ er and UNSC Res 1244. It welcomes faith and constructively, to negotiating teams and agree Ambassador Kai Eide’s report the intention of the Secretary refrain from unilateral steps on common positions. on the comprehensive review -General to appoint a Special and to reject any form of The process should provide of the situation in Kosovo Envoy to lead this process. The violence. Those advocating for the eě ective participation contained therein that were Contact Group looks forward violence will have no role. submiĴ ed to the UN Security to supporting the eě orts of the of the Kosovo Serbs and The Special Envoy can take Council on 7 October 2005. Special Envoy and his team. other Kosovo citizens and appropriate action within his communities. Regional The Contact Group supports A negotiated solution should UUN mandate to suspend neighbors and other interested the recommendation by the be an international priority. or exclude any individual or parties should also be Secretary-General to the UN Once the process has started, group, if he judges that their consulted as necessary. Security Council based on this it cannot be blocked and must actions are not conducive to report to launch a process to be brought to a conclusion. progress. The progress of the status ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 15 process will depend not only entire region in Euro-Atlantic i.e. no partition of Kosovo judiciary. on the level of engagement institutions. and no union of Kosovo by the parties but also on the with any country or part of 9. The seĴ lement should conditions on the ground. 3. The seĴ lement should any country. The territorial ensure that Kosovo can The implementation of the ensure multi-ethnicity that integrity and internal stability develop in a sustainable standards laid down by the is sustainable in Kosovo. of regional neighbors will be way both economically and United Nations must continue It should provide eě ective fully respected. politically and that it can during the status process and constitutional guarantees and cooperate eě ectively with will be a factor in determining appropriate mechanisms to 7. The status seĴ lement will international organizations progress. ensure the implementation of ensure Kosovo’s security. It and international fi nancial human rights for all citizens will also ensure that Kosovo institutions. The Contact Group reaĜ rms in Kosovo and of the rights does not pose a military the importance which it of members of all Kosovo or security threat to its 10.For some time Kosovo aĴ aches to constructive and communities, including the neighbors. Specifi c provisions will continue to need an sustained dialogue at all levels right of refugees and displaced on security arrangements will international civilian and between Belgrade and Pristina persons to return to their be included. military presence to exercise and between the diě erent homes in safety. appropriate supervision of communities in Kosovo. It asks 8. The seĴ lement of Kosovo’s compliance of the provisions of the authorities in Belgrade to 4. The seĴ lement should status should promote the status seĴ lement, to ensure actively encourage the Serbs provide mechanisms to eě ective mechanisms to security and, in particular, of Kosovo to take their place ensure the participation of strengthen Kosovo’s ability to protection for minorities in Kosovo’s institutions. all Kosovo communities in enforce the rule of law, to fi ght as well as to monitor and government, both on the organized crime and terrorism support the authorities in the The UN Security Council will central and on the local level. and safeguard the multiethnic continued implementation of remain actively seized of the Eě ective structures of local character of the police and the standards. maĴ er. The fi nal decision on self government established Kosovo’s Status should be through the decentralization endorsed by the UN Security process should facilitate Council. the coexistence of diě erent communities and ensure The Contact Group therefore equitable and improved access informs all the involved to public services. parties that the outcome of the Status process should be 5. The seĴ lement of Kosovo’s based on the principles set out status should include specifi c below: safeguards for the protection of the cultural and religious 1. The seĴ lement of the heritage in Kosovo. This Kosovo issue should be frilly should include provisions compatible with international specifying the status of the standards of human rights, Serbian Orthodox Church’s democracy and international institutions and sites and other law and contribute to regional patrimony in Kosovo. security. 6. The seĴ lement of Kosovo’s 2. The seĴ lement of the status should strengthen Kosovo’s status should regional security and stability. conform with democratic Thus, it will ensure that values and European standards Kosovo does not return to the and contribute to realizing pre-March 1999 situation. Any the European perspective of solution that is unilateral or Kosovo, in particular, Kosovo’s results from the use of force progress in the Stabilization would be unacceptable. There and Association Process, as will be no changes in the well as the integration of the current territory of Kosovo, ASSEMBLY SUPPORT INITIATIVE 16 NEWSLETTERasi 2687th Council Meeting The council of EU foreign ministers conclusions on Kosovo

Brussels, 7 November 2005 Chaired by Mr Jack Straw, secretary of State for Foreign and Commonwealth Affairs of the United Kingdom

WESTERN BALKANS - intention to appoint Mr the paramount importance of Union’s determination Council conclusions MarĴ i Ahtisaari as UN Status the ongoing implementation to participate fully in the Envoy, and Mr Albert Rohan of Standards now and in defi nition of the status The Council adopted the as his deputy, and underlined the future. Of particular of Kosovo and readiness following conclusions:...... the EU’s support for his importance is the protection to be closely involved ...... mandate and its intention to of minorities. TheCouncil in the negotiations and 5. The Council welcomed work closely with him. expressed its appreciation implementation of its future for the work of Mr Søren status. In this context, Ambassador Kai Eide’s 7. The Council called on Jessen-Petersen, the Special the Council reaĜ rmed its Comprehensive Review of both Pristina and Belgrade Representative of the UN willingness to cooperate the situation in Kosovo and to engage in good faith and Secretary General. closely with relevant partners expressed its full support for constructively in this process and other international the UN Secretary General’s to determine Kosovo’s future 9. Recalling the EU’s organisations, including the intention to start a political status. All communities in Thessaloniki agenda and OSCE which through its fi eld process to determine Kosovo, including minorities the European Council’s presence plays an important Kosovo’s future status. notably Serbs, should play Declaration on Kosovo of role in Kosovo. their part in this process. 6. The Council welcomed 17 June 2005, the Council the UN Secretary General’s 8. The Council underlined reaĜ rmed the European 10. The Council welcomed Mr MarĴ i Ahtisaari ‘s readiness to cooperate closely with the EU. The Council endorsed the SG/HR’s nomination of Mr Stefan Lehne as EU representative to the Kosovo future status process. Under the guidance of the SG/HR and the Council, the EU representative will support the UN Status Envoy in the implementation of his mandate and will provide regular and timely reports to the SG/HR and the relevant bodies of the Council. He will also contribute, under guidance of the Council and in close cooperation with the Commission, to preparations for the EU’s future role in Kosovo. ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 17 Resolution of the Assembly of Kosovo Prishtinë / Priština, 17 November 2005

ursuant to the Charter of PUnited Nations Organiza- tion on the Rights of People to Self-Determination and other international treaties; Considering the legitimate aspirations of the people of Kosovo to live in freedom and peace with other nations; Taking into consideration the historic, legal and constitutional developments of Kosovo, particularly the Bujan Conference (1943- 1944), the Constitutional Declaration of 02 July 1990, the Referendum of 1991, and the Resolution of the Assembly of Kosovo for Kosovo as an Independent and Sovereign State of 1991; Resolution Union and other countries; of these structures in Kosovo and will be engaged for good To reconfi rm the political will 5) The Assembly of Kosovo Based on the long struggle relations with neighboring of the people of Kosovo for an expresses its readiness to of the people of Kosovo for countries and will contribute Independent and sovereign freedom and independence; ratify all conventions and to the stability in the region; State of Kosovo internationally recognized Based on the general resistance 8) Assembly of Kosovo 1) The Assembly of Kosovo treaties on human rights and against the occupation and on the rights of communities, guarantees the territorial in the armed struggle of the reconfi rms the will of the which derive from the United integrity of Kosovo and Kosovo Liberation Army; people of Kosovo for an inviolability of its borders; independent and sovereign Nations Organization, Confi rming guaranties for state of Kosovo; European Union, Council of 9) The Assembly of Kosovo the protection of rights of Europe and the Organization confi rms that the will of 2) The Assembly of Kosovo all communities in Kosovo for Security and Cooperation the people of Kosovo for guarantees the reconfi rmation according to international in Europe; independence is non- standards; of the political will of the people negotiable; of Kosovo for independence 6) The Assembly of Kosovo Based on the programs of through a referendum; is commiĴ ed to respect and 10) The Assembly of Kosovo, political parties with regard to guarantee the human rights supporting the delegation of 3) The Assembly of Kosovo the political status of Kosovo; and freedoms for all people Kosovo, will follow the work takes on the obligation to issue of the delegation, and each Highly appreciating the a Constitution of Kosovo in of Kosovo and the rights decision for the future of Kosovo NATO intervention to stop compliance with standards of of minority communities will be ratifi ed in the Assembly Serbia’s genocide and ethnic the European Union; in full compliance with the cleansing in Kosovo, and international standards; or through a referendum. [highly appreciating] the 4) The Assembly of Kosovo 7) The Assembly of Kosovo international assistance given seeks international support for This Resolution constitutes the will be commiĴ ed for the to Kosovo; the Independent and Sovereign legal and political basis for the State of Kosovo by the United integration of Kosovo in Euro platform of the Delegation of The Assembly of Kosovo Nations Organization, United Atlantic structures, welcomes Kosovo for the Independence issues the following: States of America, European the continued engagement of Kosovo. ASSEMBLY SUPPORT INITIATIVE 18 NEWSLETTERasi The Document of the Kosovo Delegation for Martti Ahtisaari, Special Envoy of the UN Secretary General on the fi nal status of Kosovo

Introduction commits itself to a constructive As to it, the Kosovo Delegation by mid2006, the latest. The role in this process and has proposed establishment Kosovo Delegation will fully 1. This document comprises remains open to discussions of a Council of Minority respect this timetable. a short summary of the with all parties, in particular Communities. positions of the Kosovo with the UN Special Envoy Final Status: The State of Delegation on both the 2.2 The Kosovo Delegation and the Contact Group. The Kosovo process and the outcome of strongly believes that the Kosovo Delegation is ready the fi nal status determination process of the Kosovo status 4. The emphatic and strong to discuss all relevant issues process which began with resolution must be open and will of the people of Kosovo in an open and constructive the UN Security Council transparent with both the is for Kosovo to be fi nally manner. We commit ourselves Presidential Statement on 24 people of Kosovo and with recognized as an independent to a peaceful, comprehensive October 2005. the international public. AĞ er and a sovereign state, within process which will address all years of interim status and its recognized borders. The The positions of the Kosovo the issues of Kosovo related interim institutions, both borders of the state of Kosovo Delegation are based on the to this process, and we reject, Kosovo and the region need cannot be changed in any way. Kosovo Assembly Resolution without exemption, all those full clarity of Kosovo’s status. The Kosovo government must on the Reconfi rmation of the who promote or use violence exercise its sovereignty political will of the Kosovo for political or any other Timetable people for Kosovo as an ends. throughout the whole territory independent and sovereign 3. The Kosovo Delegation of Kosovo. state, adopted on November 2.1 The Kosovo Delegation believes that this process 4.1 The future democratic 17th, 2005. welcomes an active and should have a clear time state of Kosovo will be a aĜ rmative engagement of framework. The UN Special Process democracy with the rule of representatives of all minority Envoy, UN Security Council law, eě ective and accessible 2. The Kosovo Delegation communities in this process and Contact Group should for all its citizens. All Kosovo welcomes the process of through intensive cooperation make sure that the process citizens have equal rights to fi nal status determination. It with the Kosovo Delegation. is brought to a conclusion living in peace and security, and to have their individual and political rights respected. Kosovo’s future constitution and structures of government will provide all Kosovo citizens with full protection, regardless of their ethnic background. The State of Kosovo guarantees further building and functioning of democratic institutions 4.2 The Kosovo Delegation is commiĴ ed to organizing the governance, at both central and local levels, in such a way that would enable all communities of Kosovo to have a fair participation in governance. The Kosovo ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 19

Delegation is aware of the minority communities in Kosovo remains commiĴ ed to pursue partnership with importance decentralization accordance with international ensuring a just arbitration and and ultimate membership in has in providing this right. standards. These rights protection of property rights. NATO. will be guaranteed by the We seek an open and lightly- Kosovo Delegation and 7.2 An independent Kosovo Constitution and respective regulated economic structure Kosovo institutions will welcomes close engagement laws. for Kosovo aimed at a rapid outline the required legal of the EU and NATO, as and sustainable economic framework for the reform 4.7.Kosovo will remain well as the OSCE, Council growth. Given our close of local administration. fully commiĴ ed to the of Europe and others in proximity to our neighbors Kosovo will create eĜ cient implementation of standards ensuring the security of the and the interdependence of democratic structures of local - in the rule of law, minority state and the rule of law for our economies, Kosovo will administration which will protection and functioning all its citizens. seek open borders and free serve and facilitate coexistence of institutions etc.- until trade within the region. 7.3. Kosovo Delegation of diě erent communities those standards have invites NATO and the EU providing fair access to public become inseparable part of Kosovo’s regional relations to contribute to the further services. institutional and civic life in 6. Kosovo pledges to have strengthening of the Kosovo Kosovo. 4.3 Kosovo will be a secular peaceful and open relations institutions with their state which respects the 4.8. On the bases of the with all neighbors. It claims presence in the independent religions, languages and international law and no territory beyond its Kosovo, following the cultural traditions of all of universal democratic values, borders and will entertain seĴ lement of the fi nal status. its citizens. In particular, it Kosovo will guarantee free no claim to its own territory. Kosovo Delegation will will ensure that the religious movement of people, goods, An independent Kosovo welcome such a presence as a and cultural heritage of all ideas and information. Kosovo will be fully commiĴ ed to contribution to the stability of communities is legally fully will give its contribution in international law and the Kosovo, and in the institution protected. The Delegation fi ghting terrorism and other principles of the UN Charter. building process. of Kosovo pledges that this negative phenomena which 6.1 AĞ er independence, 7.4. The independent and will be one of the comprising threaten international justice Kosovo looks forward to sovereign state of Kosovo, in elements of the Agreement on system, regional stability, developing closer relations cooperation with NATO, will the status of Kosovo. societies, mankind and with all neighbors. It would have its defense force which human values. 4.4 The state Constitution welcome and encourage will guarantee the borders of Kosovo will incorporate Kosovo will fully cooperate regional economic cooperation and the security of its citizens, respective international with Interpol and Europol and and promotion of free trade and will contribute to security legislation on the protection other similar international and economic development and stability of the region. of minorities’ and women’s organizations. in South East Europe. Conclusion rights including the Universal Kosovo’s Economy Declaration of Human Rights, Kosovo’s international 8. The Kosovo Delegation the European Convention 5. Unclear status of Kosovo, relations notes that this document does on Human Rights, the as well as the disputes 7. The independent and make up the bases of the stance UN Declaration on the related to partition of the sovereign state of Kosovo of Kosovo on key issues, and Elimination of All Forms of former Yugoslav state-owned aspires to membership in the in particular it expresses our Racial Discrimination and the property and businesses United Nations and other will for the establishment of a Convention on the Elimination in Kosovo have obstructed international institutions, such democratic, law-abiding and of all Forms of Discrimination economic development. as the IMF, World Bank and peaceful state of Kosovo. against Women. The Kosovo Delegation World Trade Organization. An independent and sovereign 4.5 Kosovo guarantees the expects that all the disputes 7.1 Kosovo looks forward to state of Kosovo will calm right of all displaced persons and issues arising from an early integration into Euro- down the people of Kosovo. It and refugees to return to dissolution of former SFRY Atlantic structures. It remains will bring stability in Kosovo their properties, houses, and from 1998, 1999 war particularly commiĴ ed to and will guarantee lasting apartments with all the rights in Kosovo will be resolved pursuing the Stabilization and stability and security in this as Kosovo citizens. during negotiations. Association process up to the part of Europe and the World. 4.6. The Kosovo Delegation The people of Kosovo are membership in the European The Kosovo Delegation, and Kosovo institutions will entitled to this property and Union. In the security fi eld, Prishtinë / Priština, guarantee the rights of the the democratic government of the state of Kosovo will 22 November 2005 ASSEMBLY SUPPORT INITIATIVE 20 NEWSLETTERasi Negotiations against Self-Determination Albin Kurti, member of SELF DETERMINATION! Movement

Self-determination is the Without freedom, slowly but whose hunger for luxury and situation. AĞ er all, Slobodan collective right without surely, you will lack food. privileges is a narcissistic Milosevi° also allowed which no individual right is neurosis. These politicians political parties to operate in possible. Self-determination It is always more crucial continuously claim that Kosovo Kosovo. is not only the freedom to for people to have jobs and will gain independence. choose our fate but it is the food than the right to vote. They say this because they We still lack the government freedom to develop as well. This is even more evident in do not have any strategy for we deserve. Because, we lack Even though its realization is Kosovo where one votes to other alternatives which have the true self-government to not a guarantee for progress, legitimize the political system become increasingly likely which we are entitled. Kosovo certainly it is precondition rather than actually choosing and in which they participate. politicians are responsible to for it. At present, we are something. The Assembly of A lot of people trust them as UNMIK, whereas UNMIK deprived of the opportunity Kosovo is trapped in a fi ght they refuse to believe in the is accountable to New York. for progress. The political, between political parties. humiliation and indignity, Kosovo Serbs are in a bad social and economic trends These parties don’t have a which they are going through. position too: their leaders are generally negative. While cause, they are factions. They Pluralism without a state has answer to Belgrade. The we were wandering towards have strong leaders because been shown to be neither UNMIK structure itself is “standards before status,” they are weak. They have no constructive nor productive. not democratic: it’s a political the standard of living was vision or ideology, and are On the contrary, it only authoritative pyramid where declining. This is no surprise. mainly comprised of people creates an illusion of a normal orders move from the top to the ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 21 boĴ om without any internal conditions for good relations Self-determination is the collective right without which no democracy in decision making. between Albanians and Serbs individual right is possible. Self-determination is not only the UNMIK is not democratic in in Kosovo. 80 percent of freedom to choose our fate but it is the freedom to develop as Kosovo either, as all locals political prisoners in Former well. Even though its realization is not a guarantee for progress, are subordinates to UNMIK, Yugoslavia in the 1980’s certainly it is precondition for it. At present, we are deprived of as coded in Resolution were Albanians, because the the opportunity for progress. The political, social and economic 1244 and the Constitutional Albanian people had the trends are generally negative. While we were wandering towards Framework. On behalf of least freedom of all other “standards before status,” the standard of living was declining. building democracy, we are people in Yugoslavia and This is no surprise. Without freedom, slowly but surely, you will governed undemocratically. because Kosovo was not a lack food. One fact is avoided: precisely Republic, like the other units that self-determination is the which later became states. beginning of democracy, and focused on being represented Trepça, which are publicly and Despite this, the culmination its foundation. best IN negotiations with socially owned enterprises of positive relations between Serbia; and to be as much under the competencies of the Albanians and Serbs On the other hand, self- as possible represented the KTA). Kosovo cannot was reached aĞ er the fragile determination aĜ rms citizens FOR a compromise. Kosovo negotiate with Serbia because autonomy of 1974, because as the source of sovereignty. politicians claim there are its structures in Kosovo have Kosovo was far from Belgrade’s We also lack this in Kosovo. no negotiations with Serbia, not been dissolved. Besides control then. Hereupon, these At the same time, the right just with the International having UNMIK over our head relations deteriorated rapidly to self-determination is the Community, and that there will we have Serbia at our throat during Milosevic’s regime, principle of the unfi nished be no compromise regarding as well. And now, we are when Kosovo was under process of disintegration of Kosovo’s status. They are lying supposed to negotiate with the oppression of his forces the former-Yugoslavia. Kosovo to us twice, since they speak of Serbia about our country, our and terrorized. The best was unjustly deprived of this only two things. home, our freedom! In fact, relationship will be reached right. Without the right to self- Kosovo does not lack status, Negotiations are negotiations only when external self- determination in Kosovo, it but the Kosovo people lack with Serbia on Kosovo. This is determination is achieved. The cannot be said that Milosevic`s freedom. A prisoner cannot a concept and political project Albanian-Serbian relations project has failed and the negotiate. Negotiations in full contradiction with in Kosovo are measured by process of terminating fascism in any case lead toward a the self-determination of the the distance of Kosovo from and truthful democratization compromise because they people of Kosovo. The process Belgrade. of Serbia cannot start. The imply a readiness for it. right to self-determination of negotiations, which is being The SELF- is the minimum moral prepared, disregards the will Serbia does not regret nor has DETERMINATION! compensation for a century of of people and it is disdainful it remorse for the crimes it Movement initially aims that injustice, losses and damage as well as disparaging to the commiĴ ed here. In addition, the totalization of the UNMIK that they have infl icted upon people. there was no justice provided regime is replaced with for the victims. Furthermore, us. Negotiations make sense only polarization. A new partition, Serbia wants to regain when they develop between not into political parties, but Consequently, the right Kosovo, but this time by equal parties. Kosovo is not a into the unjust regime on to self-determination for dividing it, fi rst of all through state as is Serbia and it does not the one hand and the people Kosovo should be realized decentralization. Serbia, in the have a real government as has who seek their rights, justice, in two spheres: external best case scenario, is oě ering Serbia, but it has a fi ctitious freedom and equality, on the self-determination towards to us now what it took away one. The Government of other hand, is being built up. the Union of Serbia and from us: autonomy! The only Kosovo is doubly deprived This new partition is necessary Montenegro, and internal self- Serbia one can negotiate from real content: it does for real dialectics and determination in relation to with is one that accepts self- not have the essential fundamental, and therefore UNMIK. determination for Kosovo. ministries—Defense, Internal proper, problematization. We, We have lots of things to For the time being, Kosovo and External Aě airs, Justice, as other people, do need land negotiate with Serbia but only cannot represent itself. Yet, it and Information. Further, and bread. And for these we then, when we are free and is more essential to defi ne the none of the current Ministries need self-determination, we are equal parties. representation according to have full powers (e.g. Et’hem need realization of ourselves. what and what for? The entire Çeku, the Minister of Energy, Only Self-determination Prishtinë / Priština, current investment has been has no control over KEK and provides the proper 15 November 2005 ASSEMBLY SUPPORT INITIATIVE 22 NEWSLETTERasi Recent Developments in the Assembly Franklin De Vrieze, OSCE Mission in Kosovo

Assembly adopts resolution reaĜ rming will of the people On 17 November 2005, the Assembly of Kosovo adopted a resolution, reaĜ rming the will of the people for an independent and sovereign state, which will serve as the legal and political platform for the Kosovo delegation to status talks. On 29 September, the opposition party PDK had submiĴ ed an initial draĞ resolution. The proposal was referred to a multi-party working group tasked with draĞ ing a fi nal proposal, acceptable to all political parties. The CommiĴ ee on Legal, Judicial, and Constitutional Framework MaĴ ers, as well as the chairperson of the CommiĴ ee on International Cooperation and EU Integration each came up with a draĞ text. The challenge for all caucus leaders and the heads of the two CommiĴ ees was to agree on a single draĞ text, while taking into account the Guiding Principles of the Contact Group which excludes unilateral steps in the status determination process. Conveying the message of the Contact Group, the SRSG and Head of US OĜ ce intervened to prevent a potential clash between the PISG and the International Formation of Assembly CommiĴ ee on Security delayed Community just before the start of the talks. Following On 10 October, the CommiĴ ee on Emergency Preparedness several hours of consultation between the parliamentary submiĴ ed to the Presidency a request to “accelerate the groups on 17 November, the plenary session endorsed the procedure of the formation of a parliamentary commiĴ ee that text of a resolution, which will serve as the platform for the would be engaged in the fi eld of security and clarify whether Kosovo delegation to address the issue of status, and as such the CommiĴ ee on Emergency Preparedness should continue was not objected by UNMIK. (The full text of the resolution to exist.” During the 17-21 November plenary session, it is included in this publication) became clear that parliamentary groups had diě erent views. The concern was whether a new CommiĴ ee on Security should be formed or if the existing CommiĴ ee on Emergency Stability Pact to address regional ownership Preparedness would be responsible for covering security The Stability Pact for South Eastern Europe (SEE) bi-annual issues. The chairperson of the session concluded the item be Regional Table and theme-focussed Working Table meetings postponed until an agreement had been reached between the met in Prague on 15 – 16 November 2005 to discuss the issue Presidency and the parliamentary groups. of regional ownership. About 200 participants representing On 10 November the fi rst meeting of the Internal Security 80 countries and organizations debated opportunities and Sector Review’s Consultative Group (ISSR/CG) was launched challenges for regional co-operation in SEE. Representatives by the SRSG. Approximately 50 representatives from the PISG, from the PISG were among the participants. The main the international community, political parties, communities, topic of discussion in Working Table I (Democracy) was civil society, and other interest groups met to exchange views regional parliamentary cooperation. The importance of SEE and opinions on security maĴ ers. parliaments in the common perspective of EU accession was cited as a primary source of development in stronger regional On 18 November, the OSCE professional development program cooperation. Parliamentarians from six parliaments from on parliamentary security oversight started. The fi rst roundtable SEE developed a consensus on the need for future capacity was aĴ ended by 28 participants, including 16 Assembly building to prioritize on eě ective parliamentary oversight members. The Geneva-based Democratic Control with Armed in the fi eld of legislation implementation, empowerment of Forces (DCAF) facilitated the session and invited three guests: CommiĴ ee work dealing with EU integration, democratic members of Parliament from Slovenia and Romania, as well as control of the security sector, budgetary control, and judiciary the Oversight Commissioner of Policing Reform from Northern reform. Ireland. The OSCE Mission in Kosovo provided a reference ASSEMBLY SUPPORT INITIATIVE asiNEWSLETTER 23 reader with relevant recent legislation on police reform, from widely discussed at the 17/21 November plenary session, Bosnia and Herzegovina, Serbia, and Albania. with the LDK proposing that a new CommiĴ ee be formed to Ğ Assembly moves forward on IMC-formation, adopts draĞ dra the Constitution. Finally, it was agreed to vote on the laws initiative to draw up a constitution, and that the Assembly Presidency should reach an agreement at a later time with During the 17-21 November session, the Assembly approved the parliamentary group leaders as to the composition of the the proposal to form an ad-hoc parliamentary commiĴ ee to working group. The proposal was unanimously approved. recommend to the Assembly the appointment of members to the Independent Media Commission Council. The Assembly adopted in a fi rst reading the DraĞ Food Law and in a second reading, approved laws on Foreign Investment, Industrial Design, and Accreditation.

Legal programme for Assembly concludes A six months OSCE project in support to the Legal Department of the Assembly of Kosovo concluded at the end of October 2005. The project, implemented by the Institut International de Paris La Defense, provided legal expertise and legal translation capacities to the Assembly in a follow- up to a temporarily discontinued EAR-project. “Policy Strategy Group”, from left Jakup Krasniqi, Ylber Hysa, The programme assisted several CommiĴ ees to develop Skender Hyseni, Blerim Shala, Kolë Berisha, Ardian Gjini. working plans and supported the establishment of specialized sub-commiĴ ees. The initiative contributed to improved Kosovo Delegation prepares platform, strategy for status communication and cooperation of the relevant CommiĴ ees with talks the international Community on the transfer of competencies in justice and security by organizing several consultations with With a fi rst meeting on 6 October 2005, the Kosovo Delegation Pillar I and the UNMIK OĜ ce of Legal Aě airs. for Status Talks held several meetings to prepare its platform and strategy for status talks. Members of the Delegation are Further, the project developed a draĞ law on the status of Kosovo President Dr. Ibrahim Rugova, Kosovo Assembly the personnel of the Assembly, a draĞ regulation on the President Nexhat Daci, Kosovo Prime Minister Bajram organization of the Assembly Secretariat and a draĞ statute Kosumi, opposition leaders Hashim Thaçi (PDK) and Veton of the Assembly Secretariat. Surroi (ORA), and Blerim Shala, coordinator of the planned working groups. At the meeting, the Delegation created a “Policy Strategy Group,” composed of the vice presidents Assembly approves initiative to draĞ new constitution of the four major Kosovo Albanian political parties—Kole Berisha (LDK), Jakup Krasniqi (PDK), Ardian Gjini (AAK), Ĵ On 21 October 2005, the AAK parliamentary group submi ed and Ylber Hysa (ORA)—along with Blerim Shala. to the Assembly Presidency a proposal to draĞ a new constitution. AAK asked that the working group responsible The Policy Strategy Group was authorised to start work for draĞ ing the constitution be composed of parliamentary “draĞ ing the political platform for the independent and group leaders; the CommiĴ ee on Judicial, Legislative, and sovereign state of Kosovo based on the proposals that Constitutional Framework MaĴ ers; and, the CommiĴ ee on have been made so far.” The fiĞ h meeting of the Kosovo Rights and Interests of Communities. The proposal was Delegation took place on 18 November, aĞ er which the oĜ ce of President Rugova released a statement announcing that a “Consultative CommiĴ ee” of minority communities was created to advise the Team on minority issues. A proposal for establishing “expert working groups” was also approved. The Kosovo Delegation met on 21 November and approved a platform paper on Kosovo’s status to be presented to the Special Envoy MarĴ i Ahtisaari on 22 November.

(The full text of the Platform is included in this publication) ASSEMBLY SUPPORT INITIATIVE NEWSLETTERasi asi ASSEMBLY SUPPORT INITIATIVE NEWSLETTER

ASI Mission Statement The Assembly Support Initiative (ASI) is the inter-agency co- ordination mechanism of democratization programmes in support of the Assembly of Kosovo, seeking to strengthen and professionalize the Assembly of Kosovo. The work of ASI focuses on a democratic political culture based upon acknowledge of and respect for democratic rules of procedure, transparency and accountability to the public, developing and implementing a legislative agenda, oversight asi over the Executive, respect for the multi-linguality and participation ASSEMBLY SUPPORT INITIATIVE in regional and inter-parliamentary contacts. NEWSLETTER ASI partners work to bring resources together, share information and coordinate programs while identifying needs in direct interaction Editorial board: Sven Lindholm, Ramush Tahiri, Franklin De Vrieze, Blerim Vela, with the Assembly. As coordinator of the ASI, the OSCE Mission in Labinot Hoxha, Edmond Efendija, Krenar Loshi. Kosovo liaises with all ASI partners and calls regular coordination meetings in consultation with Assembly representatives. A regular OSCE Mission Headquarters, 10000 Prishtinë/Priština ASI NewsleĴ er informs a broad domestic and international public Tel. (+381-38) 500 162 Fax: (+381-38) 500 188 contact: [email protected] on the developments in the Assembly of Kosovo as well as the ASI http://www.osce.org/kosovo support programmes. The views expressed by the contributors to this Newsletter are their own and do not Currently participating in ASI: necessarily represent the views of the Assembly, OSCE Mission in Kosovo or the ASI Friedrich Ebert StiĞ ung (FES), Friedrich Naumann StiĞ ung (FNS), Konrad partner organisations. Adenauer StiĞ ung (KAS), East West Parliamentary Practice Project Pictures in this Newsletter: Daily Newspaper Express: pg. 1, 12 (Ferdi (EWPPP), European Agency for Reconstruction (EAR), United States Limani) / pg. 3 (Flaka Kuqi) / pg. 4, 13, 14, 20, 23 (Astrit Ibrahimi) / pg. Agency for International Development (USAID), National Democratic 5, 8, 11 (Fisnik Dobreci) / pg. 15, 18 (Ermal Meta) / pg. 24 (Atdhe Mulla) / Institute (NDI), United Nations Development Program (UNDP) in co- OSCE: pg. 2, 6, 7, 10, 17, 22. operation with the Inter-Parliamentary Union (IPU), OSCE Mission in Kosovo and the Assembly of Kosovo.