Policy Note No. 03/2020 What to make of the recent Grenell- facilitated agreements between Kosovo and Serbia - April 2020 1 Group for Legal and Political Studies is an independent, non-partisan and non-profit public policy organization based in Prishtina, Kosovo. Our mission is to conduct credible policy research in the fields of politics, law and economics and to push forward policy solutions that address the failures and/or tackle the problems in the said policy fields. legalpoliticalstudies.org 2 Policy Note 03/2020 What to make of the recent Grenell-facilitated agreements between Kosovo and Serbia Author: Barbara Matias* April 2020 © Group for Legal and Political Studies, April 2020. The opinions expressed in this document do not necessarily reflect those of Group for Legal and Political Studies donors, their staff, associates or Board(s). All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any mean without the permission. Contact the administrative office of the Group for Legal and Political Studies for such requests. Group for Legal and Political Studies “Rexhep Luci‟ str. 16/1 Prishtina 10 000, Kosovo Website: www.legalpoliticalstudies.org E-mail: [email protected] Tel/fax.: +381 38 234 456 *Affiliated International Research Fellow 3 WHAT TO MAKE OF THE RECENT GRENELL-FACILITATED AGREEMENTS BETWEEN KOSOVO AND SERBIA BACKGROUND Since its launch in March 2011, the EU- questions by examining the agreements facilitated Dialogue on the normalization of reached between Kosovo and Serbia and relations between Kosovo and Serbia has helmed by the US, from their timing to the had achievements and losses, as well as not-so-transparent content, and from the moments of success and of tension. The political parties’ reactions to the ambiguous Dialogue’s volatility has been felt throughout way forward. - talks are often halted or even suspending given regional or domestic developments. A REVIVED US INVOLVEMENT CLOSES Most recently, the 100% tariff imposed by the OUT 2019: GRENELL’S BALKAN Kosovar government on Serbian goods as a PLAYGROUND reaction to its lobby against Kosovo’s Interpol Ever since the 1999 NATO intervention in membership led to strained diplomatic Yugoslavia which ended the Kosovo War, the relations between the two countries. The United States has been a reliable ally to the Dialogue has been suspended since the tariff Republic of Kosovo. Diplomatic relations and imposition in November 2018, and the light military support through the KFOR mandate at the end of the tunnel suddenly got dimmer. have been significant, as well as important In parallel and since then, talks on for Kosovo’s standing in the international territorial exchange between the two Balkan community. One of Kosovo’s main national neighbors persisted, government talks objectives is European integration, which bracing for a new coalition deal were necessarily passes through another key ally happening, and back in Brussels a new of the country, the European Union. As such, Commission was taking office and laying out the EU has been heavily invested in the its agenda. It was amidst this disheveled country and in achieving normalized relations context that the United States signaled with Serbia. The Dialogue on the renewed involvement in Kosovo-Serbia normalization of relations between Kosovo normalization of relations. US Ambassador to and Serbia was instituted by the EU in 2011, Germany, Richard Grenell, was appointed prompting initial talks on technical topics of Special Envoy to the Kosovo-Serbia dialogue regional cooperation (i.e. in October 2019 and has since reached two telecommunications, air traffic, customs, civil important, albeit not entirely transparent, records, freedom of movement) to trickier agreements between the two countries – political topics (i.e. Kosovar representation in firstly restoring air links, and secondly regional organisms, exchange of liaison restoring railways and building highways. This offices). The 15-point Brussels agreement of revived US engagement brewed a national 2013 formally signaled both countries political crisis in Kosovo, with Kurti’s short- agreed to undertake mutual efforts to lived governments ousted and the tariffs normalize relations under the auspices of the formally lifted in their entirety. What is to be EU. As follows, the EU-facilitated dialogue is said about this revived American not necessarily about reconciliation between engagement in the region? Why is it Kosovo and Serbia, but rather motivated by happening now and how has it, arguably the common goal of EU integration given the wickedly, played out at the national unequivocal normalized relations government level? And how has it been precondition. Motivated by a distant pursuit received by other stakeholders, namely the of EU membership and based on small EU? This Policy Note will tap into these agreements along a rocky road, the dialogue 4 is intrinsically volatile given the non-existent accepting such a power shift in mediating diplomatic relations and non-recognition of authority to the US, arguably conceding to the Kosovo by Serbia. Inevitably, mediated dialogue’s ineffectual standing point, and the negotiations have been paused and often US was assigning much more efforts to the suspended in reaction to damaging country. In turn, this power shift propelled developments. Most recently, the 27 EU reactions in the national government’s Ambassadors appointed a new special envoy differing coalition political parties, as well as to the Kosovo-Serbia dialogue1. Miroslav major changes in the country’s actual Lajčák, former Slovak foreign minister, s to political landscape, with Kurti’s government start his mandate on 2 April with view of becoming the shortest-lived in Kosovo reaching normalization of relations between history, only standing for 51 days before not the two neighboring countries, under a passing the no-confidence of 25 March legally-binding agreement supporting 2020. It can be argued that, in light of such a regional stability. major turn of events in the past two months Regardless of this fresh move from since the US revived its engagement, the EU Brussels, the outcome of which is still to be was more propelled to revive its own assessed, dialogue talks between Kosovo engagement and means of handling the and Serbia as mediated by the EU have been dialogue and tensions. Indeed, the quest for formally suspended since October 2019. regional stability took a turn in recent Serbia’s repeated blockage of Kosovo’s months, namely rooted in a quest for Interpol membership prompted the Kosovo’s sociopolitical stability, and is imposition of a 100% tariff on Serbian goods suddenly in a bigger need to be restored. imported into the neighboring country, a The transfer of negotiating or mediation move reprimanded by the EU and the US. authority started to come about in October Former Prime Minister Ramush Haradinaj 2019. The United States decided to step up even stated back in November 2018 that the its game – President Trump appointed tariff shall not be lifted until negotiations are Richard Grenell, US Ambassador to Germany, held on principles of mutual recognition. as Special Presidential Envoy for Kosovo and Separately, the Kosovar population and Serbia Peace Negotiations2. It was a surprise government were also facing proposals of appointment and a clear signal that lands swaps between Serbia and Kosovo to Washington DC is committed and renewing ethnically homogenize their countries, a attention to the decades-long conflict at the proposal which also turned some heads in heart of the Balkan Peninsula. Moreover, this the EU and key Member States. The political move followed the August 2019 dialogue’s volatility had indeed reached a appointment of Matthew Palmer as the US tipping point and suspension of talks was Special Representative to the Western long-lasting. As a result of the stalled Balkans. In a speech in Prishtina on dialogue process, a transfer of negotiating November 1st, Palmer stated that ‘’My authority seemed to have emerged from the appointment as the Secretary of State’s EU to the newly-appointed US special envoy Special Representative for the Western to the Kosovo-Serbia. It therefore signaled Balkans and President Trump’s appointment two major turning points: the EU was of Ambassador Grenell as Special 2 White House, ‘’President Donald J. Trump Announces 1 EU Observer, ‘’Former Slovak minister to become EU Intent to Appoint Individual to a Key Administration envoy on Kosovo-Serbia’’, 1 April 2020, via Post’’, 3 October 2019, via: https://euobserver.com/tickers/147936 https://www.whitehouse.gov/presidential- actions/president-donald-j-trump-announces-intent- appoint-individual-key-administration-post-6/ 5 Presidential Envoy for Serbia and Kosovo ‘’was in the best interest of Kosovo and its Dialogue underscores – if there was any economy, and the desire to attract new doubt – the United States is present, businesses’’5, argued Grenell to national focused, and ready to help. (…) Resolving authorities. once and for all the relationship between Indeed, while the EU has a direct stake Kosovo and Serbia through full normalization and real interest in normalized relations - for remains a U.S. strategic priority’’3. Building both are hopeful candidate countries located on Palmer’s role and stated representation of amongst EU Member States and geo- US commitment to the Western Balkans, the strategically important for European security appointment of Richard Grenell as special - the US is arguably a more neutral external envoy to the dialogue came with a bang. partner in the region. Notwithstanding its Known as a Trump loyalist, Grenell was evident ally role to Kosovo and proven high tasked with improving the normalization of commitment to the region ever since the relations between Kosovo and Serbia. His Yugoslav wars in the 1990s, the US does not message was clear: both Kosovo and Serbia look to integrate Kosovo or Serbia into its should focus on economic development, Union or programmes like the EU; neither prospects of new jobs and improved does it have external borders at the mercy of prosperity as the incentive to normalize the Balkans' tense ethnic divides.