Partition has failed, prepare something else

Serbian President Vucic has announced that his efforts to get something in negotiations with Kosovo have failed. What could he mean, and what does the announcement portend? It is hard to tell, but my guess is that Vucic has come to realize that there will be no unilateral partition of Kosovo.

That is what Vucic wanted: the northern majority-Serb municipalities in exchange for some sort of recognition of rump Kosovo. Kosovo President Thaci has made it clear he would only agree to some version of that proposal if Kosovo gets equivalent territory in southern Serbian municipalities that have Albanian majorities as well as UN membership.

The Serbian security services have no doubt told Vucic that is unacceptable. The land/people swap just isn’t going to work out, as it fails to protect vital interests of both Belgrade and Pristina: the former is concerned about its main route to the sea through southern Serbia and the latter with its main water supply in the north. Moreover, Serbia can no longer–if it ever could–commit to UN membership for Kosovo, which is blocked by a Russian veto in the Security Council.

The failure of this proposition is a relief, as it will avoid raising questions about borders in Macedonia, Bosnia, Georgia, Moldova, and Ukraine. Vucic and Thaci may regret it, but the rest of the world should rejoice that Putin has not been handed a prize he would use to try to shift borders to accommodate Russians in what he regards as his “near abroad.” We should also be glad that Serbia itself, Spain, China, and other countries with ethnically diverse regions will not find ethnic secessionists re-empowered.

So far so good, but what about Kosovo? What are its prospects if the land/people swap is dead?

Again I’m guessing, but I think there are still deals to be had. They will not involve UN membership, because Russia now has its own interests in blocking that unless it gets satisfaction on South Ossetia, Abkhazia, Transnistria, Crimea, and Donbas. But Pristina still wants and needs bilateral recognition, or at least de facto acknowledgement of it authority on all the territory of Kosovo, not least so that it can join multilateral organizations as well as settle issues still outstanding with Belgrade: unpaid pensions, state property, border demarcation, Serbian efforts to prevent Serbs from joining its police and security forces, protection of Serbs and Serb religious sites throughout Kosovo, and creation of a Kosovo army.

Belgrade has wanted to use the creation of an Association of Serb Municipalities, something that has already been agreed, to create in Kosovo a de facto self-governing Serb “entity,” analogous to Republika Srpska (RS) in Bosnia, with veto powers in Pristina. Vucic is likely now to double down on that idea, but it is clearly something Thaci cannot deliver. The Kosovo constitutional court has already ruled out anything analogous to the RS, which has rendered governance in Bosnia dysfunctional. The votes for a constitutional amendment to enable creation of a Serb entity in Kosovo simply don’t exist in the Kosovo Assembly.

Nor do the votes exist in the Serbian parliament for changing its constitution, which claims Kosovo is an integral part of Serbia. Those votes are unlikely to emerge before EU accession is imminent. At that point, Serbia can expect to get nothing in return, since all the leverage will be with the EU, which will not accept Serbia until normalization with Kosovo is a done deal.

So whatever emerges now is likely to be messy. That is not unusual. Colleagues in KIPRED have done us all a favor by reviewing some available options that have proved feasible elsewhere. I’d suggest Vucic and Thaci read that fine paper. They’ve both got good thinkers available. Put them in the same room to come up with something viable for both parties. And in the meanwhile focus political efforts on preparing their electorates for the inevitable compromises.