Rising hopes can be realized or dashed

Here is the latest version I’ve seen of the German-French plan for normalization between Kosovo and Serbia. It is a step in the right direction, if fully implemented, but with some dubious additions and important missing elements.

What’s new

This latest text has a bit more detail on arrangements for the Serbian community in Kosovo than I have seen previously, especially in Article 7 (the glitch [sic] is in the original):

Both sides advocate for the achievement of concrete arrangements, in accordance with the relevant instruments of the Council of Europe and using existing European experiences, in order to ensure an appropriate level of self-government for the Serbian community in Kosovo and the possibility of providing services in Kosovo. Kosovo.[sic] some specific areas, including the possibility of financial assistance from Serbia and direct channels of communication between the Serbian community and the Government of Kosovo.

The parties will formalize the status of the Serbian Orthodox Church in Kosovo and ensure a high level of protection of Serbian religious and cultural heritage, in accordance with existing European models.

The first of these paragraphs isn’t great. It fails to make reference to the Kosovo constitution as the basis for these “concrete arrangements.” It also fails to require reciprocity inside Serbia for the Albanian community there. What conditions would govern “the possibility of financial assistance from Serbia”? Nor is it clear what “direct channels of communication” with the Kosovo government means. There is already a Council of Communities that provides such communication with the Kosovo President, as well as Serb and other community representation in parliament and in the government ministries.

As for the Church, the text lacks reference to the longstanding issue of the Decan/i monastery’s property. It should reference implementation of the relevant Kosovo Constitutional Court decision.

What’s missing

Most important is what is missing. There is no apparent reference to recognition of Kosovo by the five EU members that do not recognize it.

The failure to get recognition by the five nonrecognizers is a deal breaker. It might not have to be in this text, but it would have to happen in order for Kosovo to be convinced that normalization was real. Even with those five recognitions, this agreement would not come close to the German/German Basic Treaty it is supposedly modeled after. That entailed the Federal Republic and the Democratic Republic both becoming members of the United Nations. There is no such possibility here, as Russia would require an unacceptable price.

EU negotiator Lajcak is said to have met with the five nonrecognizers this week in Brussels. That’s good, but more is going to be needed. Each one will have to be convinced that the time has come to drop their opposition to Kosovo’s European prospects. Washington and EU capitals, not just Lajcak, will need to engage.

The rest of the iceberg

They will also need to engage on pressuring both Belgrade and Pristina to make the necessary compromises. Pressure on Kosovo has long been apparent. It is relatively easy to pressure a country that has no other option than bandwagoning with NATO and the EU. Pressure on Serbia is far less so. President Vucic has played a successful hedging game, balancing Russia and China against the EU and US.

That game may now be up. The Europeans have delivered a tough ultimatum to Serbia, one whose specific content is uncertain but easy to imagine. Branko Milanovic does:

threats must range from the suspension of EU negotiations, elimination of EU support funds (that Serbia gets as a candidate member), reintroduction of visas, discouragement of EU investors, to possibly additional financial sanctions (say, no access to short-term commercial loans), ban on long-term lending by the European banks, EBRD and possibly the World Bank and the IMF, and for the very end elements of a true embargo and perhaps seizure of assets.

@Demush Shasha thinks this has caused a notable change in President Vucic’s tone:

Have been following many of these conferences. This was the most realistic by far. Vucic spoke about need for Serbia to stop “lying to itself” and “open its eyes” and understand the consequences of rejecting French-German proposal.

He noted that Serbia can not stop Kosovo membership into NATO, CoE, etc. He underlined that if Serbia rejects French-Gerrman proposal: (1) EU accession process will be stoped, incl visa ban, (2) withdrawal of EU investments, (3) overall economic sanctions.

I think what we saw tonight is a first clear step in prepping the the ground for agreement with Kosovo.

Let me echo Demush. Something is beginning to move. Branko, a keen observer of the Balkans even if he mostly focuses on inequity worldwide, is opting for taking the agreement rather than suffering the consequences. It is not however yet clear whether the push will be sufficient. We’ll have to wait and see whether hopes are realized or dashed.