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| FORUM ZA ETNIČKE ODNOSE FORUM FOR ETHNIC RELATIONSELAELATIONS Normalization Challenges PhD DUŠAN JANJIĆ FORUM ZA ETNIČKE ODNOSE FORUM FOR ETHNIC RELATIONS 1 2015 PhD DUŠAN JANJIĆ Normalization Challenges Analysis of the Negotiation Process and Implementation of the Brussels Agreement Belgrade, 2015. NORMALIZATION CHALLENGES ANALYSIS OF THE NEGOTIATION PROCESS AND IMPLEMENTATION OF THE BRUSSELS AGREEMENT Belgrade, November 2015 Kraljice Natalije 45/VII 11000 Beograd, Srbija +381 11 36 20 804 [email protected] • www.fer.org.rs This publication is the result of the activities carried out on the project “Consultations on Normalization of Kosovo-Serbian-Relations”, which was realized from 2013 until 2015. The project was supported by KONRAD ADENAUER STIFTUNG, offi ce in Belgrade, www.kas.de/serbien. The views expressed in this publication are those of the authors and do not necessarily refl ect the views of the KONRAD ADENAUER STIFTUNG, offi ce in Belgrade. CONTENTS Introduction. 5 I) Normalization – the Path from Confl ict to a “European Future” . 6 a) The Historical and Political Circumstances which Preceded the Brussels dialogue. 6 b) Normalization – the Way toward a Possible Solution . 11 II) Brussels Agreement . 20 a) Technical Agreements . 21 1. Freedom of Movement . 22 2. Integrated Border Management (IBM) . 26 3. Customs Revenue Collection and Customs Stamps . 28 4. Interim Fund for Economic and Infrastructural Development of Northern Kosovo 30 5. Civil Registry Books. 31 6. Cadastral Records . 32 7. University Diplomas . 32 8. Regional Representation and Cooperation . 34 b) First Agreement of Principles Governing the Normalization of Relations . 34 1. Law on Amnesty. 38 2. Municipal Elections and Inauguration of Local Authorities . 39 3. Community/Association of Serb Majority Municipalities (CSM). 41 4. Justice . 46 5. Security Structures . 47 5.1. Police Structures . 47 5.2. Civil Protection . 48 6. Liaison Offi cers . 50 7. Energy . 50 8. Telecommunications. 53 9. EU Integration. 54 III) Infl uence and Persuasion . 54 4 FORUM • Policy Paper • 1/2015 IV) Challenges of Developing the Institutional Framework for Normalization . 56 a) Constitutionality, Legality and Legitimacy of the Brussels Agreements . 56 b) Improvement of Economic Conditions toward Normalization. 60 1. Macroeconomic Environment . 60 2. Infrastructural Environment. 62 2.1. Transportation . 62 2.2. Water and Wastewater Management, Land and Environment Management . 63 3. Telecommunications and Media. 65 4. Industry. 65 4.1. Energy . 65 4.2. Mining and Metal Processing Industry . 67 4.3. Engineering and Construction Industry . 67 4.4. Wood, Paper and Furniture Industry . 67 4.5. Textile Industry . 68 5. Agriculture and Animal Husbandry . 68 6. Tourism . 69 7. Foreign Trade and Exchange . 69 8. Labor Market . 70 9. Privatization . 70 10. Regional Cooperation. 73 V) Recommendations for the Normalization of Relations between Serbia and Kosovo. 74 VI) Annexes . 85 VII) Reference List . 126 PhD Dušan Janjić THE FRAMEWORK FOR THE NORMALIZATION OF SERBIA-KOSOVO RELATIONS Belgrade, September 2015 INTRODUCTION Th is Policy Paper points out: – Th e complexity of political and historical circumstances in which the Brussels Dialogue and normalization of Serbia-Kosovo relations are taking place; – Th e most decisive factors infl uencing the normalization of Serbia-Kosovo relations; – Interconnection between the processes of normalization and integration of Ser- bia and Kosovo into the European Union; – Achievements in the Brussels dialogue until August 2015; – Actions to be taken for the implementation of the agreements reached between Serbia and Kosovo, and – Policies, actions and measures to be taken for improving circumstances for nor- malization of relations. Aft er examining diff erent types of sources (analyses; articles in academic journals, newspapers and other publications; reports issued by relevant institutions, etc) about the Brussels dialogue and the normalization process, it appears that they give only par- tial insights, oft en neglecting the political, social and, in particular, security circum- stances in which the dialogue and the normalization process are taking place. A multidisciplinary approach was used in developing a methodological and thema- tic framework that enabled systematic and comprehensive analysis of the theme. Un- derstanding the complexity of the dialogue and normalization process also required consideration of all important themes. Th e Brussels dialogue is marked by a lack of transparency. Th erefore, diff erent sour- ces had to be considered in order to reconstruct all agreements reached and the proce- ss of their implementation. Readers of this Policy Paper can access the full text of all publically available agreements reached within the “Brussels Agreement”, in the Annexes. Th e author of this Policy Paper relied heavily on the fi ndings of the project “Con- sultative Discussions about the Institutional Solutions to the Issue of Relations Betwe- en Serbia and Kosovo“ (hereinaft er the KAS project), implemented through a series of consultative events organized by the Rule of Law Program South East Europe, Konrad- 6 FORUM • Policy Paper • 1/2015 Adenauer-Stift ung (KAS), Forum for Ethnic Relations (FER) and Kosovo Institute for Policy Research and Development (KIPRED) in: 1) Miločer-Montenegro (November 25-28, 2012); 2) Priština-Kosovo (April 18, 2013); 3) Niš-Serbia (25-26 June 2013), en- titled: “Normalization of relations between Belgrade and Priština: the fi rst anniversary of the Brussels Agreement“and Belgrade-Serbia (25 April 2014). Th is Policy Paper thus can be viewed as one of the KAS project outputs. One of the most important outputs of the KAS project is the “Basic/Framework Agree- ment between Serbia and Ko sovo” (hereinaft er: Framework Agreement). Th e Framework Agreement has been cited and used in this Policy Paper. Given the interest stirred within the Serbian public, the Fra mework Agreement is provided in its integral format (See: Annex 1). I) NORMALIZATION - THE PATH FROM CONFLICT TO A “EUROPEAN FUTURE” a) The Historical and Political Circumstances which Preceded the Brussels Dialogue Kosovo’s area is 10,908 km2 and it is populated by over two million people, of whom 82 percent are Albanians. It is an area where people and communities of diff e- rent ethnic backgrounds, cultures and religions live, work and clash with one another. Kosovo is marked by a distinctive process of ethnic homogenization, refl ected on a territory level by the concentration of ethnic minorities living in territorial enclaves1. Milošević’s regime tried to establish direct jurisdiction over Kosovo by restricting the rights of Albanians through a methodically pursued campaign for their marginali- zation, as well as discrimination and provision of social, economic and political “mo- tives“ for moving Albanians out of Kosovo. On the other hand, the Albanian leader Ibrahim Rugova and the Democratic League of Kosovo (LDK) made an eff ort to achieve independence for the Republic of Kosovo by building institutions of the Albanian “pa- rallel state”. Th e war in Kosovo, which began on 28 February 1998, was yet another in the long line of armed confl icts waged on the soil of the former Yugoslavia. Th ese wars were part of the process of disintegration of the former Yugoslavia and the inception of new states. Th e war of 1998–1999 aggravated the unresolved pro blems from the past, and ad- ded the status of Kosovo as a new problem, including killings, dislodging and war de- vastation; further weakening of economy; the public sector in Kosovo is worse off af- ter the war than it was before (Maliqi, 2000: 26,27); opening up of the Albanian issue 1 There are around 130,000 Serbs in Kosovo today. They populate over 250 enclaves with Serbian-majority, distributed accross the northern, central and southeastern part of Kosovo. The largest concentration of Serb po- pulation is in northern Kosovo, where 59,000 Serbs comprise 45 percent of total Serb population in Kosovo. The Serbs who make numerical majority live south of the Ibar river in villages, in scattered rural settlements. (Mameli, 2007: 40). FORUM • Policy Paper • 1/2015 7 as both a regional issue and in terms of the possible unifi cation of Albanian territori- es, and the changing of internationally recognized borders of states. Milošević’s control over Kosovo came to the end in June 1999 with the arrival of UNMIK, under the control of the Special Representative of the UN Secrterary-General (hereinaft er: UNSG), thereby creating a “new reality” in Kosovo, while the UN Security Council.
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