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Delegation to - STABILISATION and ASSOCIATION PARLIAMENTARY COMMITTEE

Report from a mission to , Kosovo (17-18 September 2018), which included 5th meeting of EUROPEAN UNION - KOSOVO STABILISATION and ASSOCIATION PARLIAMENTARY COMMITTEE (SAPC)

Participating Members:

1. Mr Tonino PICULA S-D Chair 2. Ms Dubravka ŠUICA EPP Vice-Chair 3. Mr Thomas WAITZ Greens/EFA Vice-Chair 4. Mr Lukas MANDL EPP 5. Ms Julie WARD S-D

Summary

The task of the EU-Kosovo Stabilisation and Association Parliamentary Committee is to consider all aspects of relations between the EU and Kosovo and, in particular, the implementation of the Stabilisation and Association Agreement. The mission to Kosovo was organised in order to fulfil this objective.

All elements of the programme (meetings with EU ambassadors, authorities, NGOs, the SAPC meeting) have fulfilled the expectations. The ongoing boycotting campaign in the Kosovo Assembly by two opposition parties (LDK, VV) did not impact the SAPC meeting itself. SAPC debate was overshadowed by the much floated idea of a land swap between and Kosovo and President Vucic’s speech delivered during his visit to northern Kosovo on 9 September. Last minute compromises on wording on these two items finally enabled the adoption of Recommendations.

MEPs held a series of preparatory meeting ahead of the SAPC meeting including with the EU ambassadors accredited to Kosovo. Members also had a working lunch with representatives of non-governmental organisations. These meetings allowed for a better preparation of discussions in the SAPC. The meetings with the politicians were on the highest level (Prime Minister, European Integration Minister, Deputy Prime Minister and Minister of Foreign Affairs, President of the Parliament). President of Kosovo unfortunately cancelled meeting with the Delegation at the last minute. 2

All participants shared the general impression that the lack of consensus within the government, and between the government and the opposition are hindering EU-related reforms. Continuing voting boycott by two opposition parties in Parliament has blocked among others adoption of IPA funds risking losing 48 million euros for the country. After talks with the opposition, MEPs obtained reassurance that opposition would stop blocking at least EU-related reforms.

Shortly afterwards, the Kosovo Assembly, at an extraordinary session on 20th September, ratified the Financial Agreement for IPA 2017 with 96 votes in favour, 0 against and 8 abstentions (Srpska). Similarly, further agreements on EU programs were supported by the Kosovo Assembly, including “Europe for Citizens”, “ERASMUS+” and “Creative Europe”. Right after the ratifications, opposition MPs form VV and LDK, as well as Srpska, left the Assembly Chamber and did not return for the continuation of the regular plenary session. It can be considered a huge success that, following repeated calls and commitments made to Delegation members, the opposition suspended its boycott to approve agreements on EU- funds.

Topics discussed and a list of meetings

Topics are not presented in a chronological order and may include opinions from a few meetings.

 The state of play of EU-Kosovo relations

EU Ambassador gave a general overview of the political situation in Kosovo stressing that the SAA remains the only contractual relationship between the EU and Kosovo and pointing out some emblematic events that happened during the preceding weeks. The delivery of the European Reform Agenda (ERA) is apparently delayed and diverted by a number of issues such as the row between the ruling coalition and the opposition contesting President Thaci’s leading role in the Dialogue process; the letter of 12 September addressed by four opposition parties to high Representative Mogherini calling for new elections; Serbian President Vucic’s visit to northern Kosovo on 9 September and his speech in parts glorifying convicted war criminal Milosevic and the recent initiative by the government to establish a Kosovo Army.

Further cause of concern expressed by Ambassadors was the lack of unity within the government and between the government and the opposition, a major hindrance to adopting legislation on EU-related reforms, including lack of support from the opposition for the vote on 48 million euros of IPA Funds. Lagging behind on rule of law, widespread corruption and political nepotism were also mentioned as a concern among other issues.

During their meetings, MEPs urged the Kosovo Assembly/opposition leaders to ratify the EU-Kosovo Financial agreements on IPA2018 and not to hijack it for political ends. The key message conveyed by MEPs to Kosovo political leaders was that key reforms and laws should not be held hostage for narrow political games and political party 3

differences should not undermine efforts, which are in the collective national interest of Kosovo on its European path.

 Visa liberalisation

All interlocutors unanimously hailed the 13September EP vote on visa liberalisation and expressed hope that Council would follow suit. During the SAPC meeting Co-Chair PICULA (S&D, HR) congratulated all people of Kosovo for having fulfilled the last two the benchmarks on visa liberalisation. Co-Chair KRASNIQI described visas as a ‘national trauma’ for everybody in Kosovo and stressed that 1 million people would benefit from the hopefully positive Council decision, which is now a political one. MEPs admitted that the bar had been put too high for Kosovo, far higher than for others, saying that visa liberalisation would allow Kosovo to demonstrate their unique qualities to other Europeans. Europe does not have to fear a wave of asylum-seekers from Kosovo any more, they stressed.

 Dialogue between Kosovo and Serbia

Two issues dominated nearly all meetings: the much-floated idea of a possible exchange of territories or ‘border corrections’ between Kosovo and Serbia, as well as President Vucic visit to northern Kosovo on 9th September and his speech delivered on that occasion. With regard to this latter, political leaders did not miss an occasion to express their disappointment that the EU did not give a stronger reaction to Vucic’s speech.

The Members States' ambassadors shared concerns about a possible land swap and the implications it may have on the stability and security of the entire region. Most political stakeholders also expressed their firm opposition against the idea of territorial exchange, with the exception of one political party, (Srpska Lista), which admitted that the large majority of ethnic Serbs in northern Mitrovica would favour such a solution and thought that it would be possible to reach by peaceful means. The delegation unfortunately did not have an opportunity to personally exchange with President Thaci on the issue, as he cancelled the meeting with the delegation last minute.

NGOs regretted in particular the lack of transparency in Dialogue negotiations. LDK, VV and PSD opposition leaders unanimously contested President Thaci’s legitimacy to conduct negotiations, including on “border correction”. They also made it clear that Dialogue negotiations should not be rushed under the pressure of Mogherini’s ending career, saying that “no agreement is better than a bad agreement”. PM Haradinaj said that a possible land swap was a dangerous solution that will only lead to war and tragedies. Parliamentary Speaker VESELI made it clear that Kosovo would “not tolerate a Republika Srpska within its territory”.

Co-Chair PICULA (S&D, HR) said that the war finished 20 years ago and now it was really the time to solve this as the current limbo serves no one’s true interest. He expressed hope that both sides remain committed to the EU-led dialogue with an aim 4

of reaching a legally binding agreement in the coming months. Co-Chair KRASNIQI called the Dialogue with Serbia as ‘more than desirable’ pointing out concrete goals to be achieved such as Kosovo’s recognition by Serbia, Kosovo's membership in the UN and acceleration of Kosovo's integration processes into NATO and the EU. However, he was adamant in stating that his party would not allow the violation of sovereignty and the statehood of Kosovo. He reiterated that any agreement that may be reached with Serbia could not be valid without being ratified by two-thirds of the votes of the Kosovo Assembly. He also said that the greatest danger for Kosovo today was the establishment of Association of Serb-Majority Municipalities with executive powers, which would mark a type of ‘bosnification of Kosovo’.

 Boycott by part of the opposition

All stakeholders agreed that the lack of consensus across the political spectrum hindered EU-related reforms. The ongoing boycotting campaign in the Kosovo Assembly by two opposition parties (LDK, VV) did not impact the SAPC meeting itself. Responding to calls by MEPs to give up voting boycott on EU-related reforms, LDK and VV opposition leaders promised that they would endorse all EU-related laws that require 2/3 majority. They also called for a Marshall plan for the divided town of Mitrovica including establishing an EU university.

 Rule of law, with a focus on the fight against corruption and organised crime

Lagging behind with rule of law, widespread corruption and political nepotism were mentioned as a concern by EU Ambassadors. The issue of Specialist Chambers apparently no longer constitutes a stumbling block in EU-Kosovo relations, but criticism put forward by PM HARADINAJ shows that it is still dormant. Kosovo Premier’s main criticisms towards Specialist Chambers were that their target was mono-ethnic, their locations were outside Kosovo giving a wrong political message to Kosovo people and the fact that they were already the 4th justice body after EULEX.

MEPs stressed during the debate that rule of law was essential from the point of view of foreign direct investment. Government MPs gave an overview of the Government’s anti-corruption package stressing that rule of law was an absolute priority for Kosovo’s future as a society. Opposition MPs stressed the Assembly’s hardship in fulfilling its oversight role over the executive. They also deplored lack of professionalism and the need for specialized judges dealing with criminal offenses. Threats towards prosecutors have to stop, they argued.

 War crimes and a way towards reconciliation

MEPs deplored the nationalistic rhetoric still present in the Western Balkans stressing that reconciliation and peace-building requires justice. That is why Kosovo must continue to support the work of Specialist Chambers and also focus on victims of sexual violence during the war, they said.

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Opposition MPs reminded that 10 thousand people are still reported to be missing in Kosovo today. Victims cannot be reduced to statistical data, they said, adding that Kosovo courts have not done much in this regard. An LDK opposition MP stressed that Serbia was not giving a good example by not asking for pardon.

 Protection of fundamental rights and freedoms, with a focus on domestic violence and the situation of Roma, Ashkali and Egyptians

NGOs admitted that they were in a relatively good position in the region, as the government was regularly consulting with them on major issues. They also confirmed that freedom of expression was not under threat in the country and the NGO society was a vibrant one.

MEP pointed out that 68% of women had experienced domestic violence in their lifetime in Kosovo calling for financial sustainability of shelters for victims. They also said that housing conditions for Roma were poor and they had low access to public service and education. The recent attempts of intimidation of journalists and wide-spread anti-Gypsism were also condemned.

A minority MP gave an overview of the government’s efforts to combat domestic violence and help minorities, including the Roma. Their social and economic situation is hard, he stressed, but that is due to the overall economic situation of the country.

 Developments in economy, including functioning of the SAA

MEPs urged Kosovo authorities to consider investing into renewables such as solar or wind energy instead of rebuilding a coal power plant, which was a locked investment for 25 years, they reminded. Ruling party MPs gave an overview of the economic situation in Kosovo presenting the Government’s efforts to tackle youth unemployment to address EU-related reforms. Opposition MPs told that qualified workforce was a problem in Kosovo and economy needed an overall restructuring.

 European Parliament’s pre-accession assistance to national parliaments

Co-Chair PICULA (S&D, HR) gave an overview of the objectives of the European Parliament’s pre-accession assistance such as developing awareness of EU policies and of parliamentary democracy, human rights and the rule of law. In addition, he mentioned as an objective to promote exchange and cooperation within the region, including inter-parliamentary conferences, study visits by MPs and pre-accession fellowships for parliamentary staff in the EP.

A Ruling party MP gave an overview of the EP resolutions adopted in relation with Kosovo calling upon the EP to continue its work to call on non-recognizers to recognize Kosovo.

 Adoption of Recommendations

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Despite the lack of consensus within the Government on the much floated idea of territorial exchange, by the end of the SAPC the entire Kosovo delegation unanimously called for the inviolability and non-negotiability of Kosovo’s territorial integrity and urged the EP delegation to follow suit. Last minute compromises on wording allowed the adoption of Recommendations.

The following meetings took place:

 Working breakfast with H.E. Ms Nataliya APOSTOLOVA, EU Ambassador and with EU Member States Ambassadors;  Meeting with with Prime Minister H.E. , European Integration Minister Ms Dhurata HOXHA and Deputy PM and Foreign Affairs Minister Mr ;  Meeting with Meeting with Mr Kadri VESELI, Speaker of the Assembly;  Meeting with opposition leaders: Avdullah HOTI (LDK), (VV), Shpend AHMETI (PSD), Goran RAKIC (Srpska Lista);

 Working lunch with NGOs (Florina Duli - IKSWEB, Fisnik Korenica - GLPS, Boban Simic - Aktiv, Jeta Krasniqi - KDI, Naim Osmani - CRP). In the SAPC meeting in the Parliament, the Kosovo Government was represented by the Prime Minister Ramush HARADINAJ, the Presidency by the Austrian Ambassador to Kosovo. The European Commission was represented by the EU Ambassador. The assistance of the EUD was very good before and during the mission.

Possible follow-up  CONT should closely monitor ratification by the Kosovo Assembly of the EU-Kosovo Financial agreements on EU funds;  The SAPC Bureau should decide if a regular or limited format of next SAPC meeting should be applied depending on presence of the major part of the opposition;  DROI and AFET should monitor alleged mistreatment of Serbian ethnic community, which 20 years after the war many ethnic Serbs are still struggling to obtain a Kosovo ID card;  The Delegation should keep an eye on the still dormant issue of Specialist Chambers and obviously the much-discussed controversial idea of a ‘land swap’.

Attachments:  Declaration and Recommendations of the SAPC  Programme  List of participants