Put the ball in Serbia’s court

State Department Counselor Chollet and Deputy Assistant Secretary Escobar have published a strong appeal for Kosovo to create the Association of Serb-majority Municipalities (ASM) it committed to in 2013. The piece is intended to pressure Prime Minister Kurti to drop his opposition to the ASM, which he has been willing to consider only in the context of Belgrade’s recognition of the sovereignty and territorial integrity of the Kosovo state.

Serbia has refused to do that. The Chollet-Escobar appeal is consequently one-sided. It offers nothing at all to Pristina in exchange for satisfying one of Belgrade’s primary negotiating objectives. It essentially says “America is your best friend, you owe us this because of all the support we’ve given you, your government in the past pomised it, we’ll make it come out all right.” This is diplomatic bullying. Similar moments in the past have led to disappointments for Kosovo.

The Americans are offering lemons. Is there a way for Kosovo to make lemonade?

What is Serbia after?

What President Vucic seeks is official blessing for its hegemonic control of the Serb population in Kosovo. That control already exists, especially in the four northern municipalities contiguous with Serbia. Belgrade has for two decades controled their governments, education and health systems, police and courts. Money flows directly from Belgrade into these institutions and their employees. Little happens in the northern Serb communities that Belgrade could not change if it wanted to do so. That includes the ample organized crime activities.

Serbia wants the international community to accept this ethnic control. Belgrade often tells Western diplomats that the objective is a better deal for the Serb community in Kosovo. It is pursuing similar objectives in Bosnia and Montenegro as well. But inside Serbia this extension of Belgrade’s control to ethnic Serbs beyond Serbia’s borders is called “the Serbian world.” Comparable to the Russian world President Putin is pursuing inside Ukraine, this is an irredentist effort to deny the sovereignty and territorial integrity of neighboring countries that have significant Serb populations. Vucic is tying to construct de facto if not de jure the Greater Serbia that Milosevic failed to create in the 1990s.

What is Kosovo after?

Prime Minister Kurti wants a sovereign country with equal rights for all its citizens and no ethnic privileges on its entire territory. That would leave authority unequivocally in the hands of Albanians, as they constitute more than 90% of the population. Kosovo however starts constitutionally far from that objective, as there are reserved seats for minorities in parliament as well as requirements for minority participation in its government. There is also a Council of Communities that gives minorities direct access to the President. Some of the Serb-majority municipalities were created explicitly to give Serbs more local control. All have the extensive powers provided for in Kosovo legislation. None of that is going to change.

Albanians are no less attached to their ethnicity than Serbs. They are concerned about the welfare of Albanian communities in southern Serbia, which have been under significant pressure from the Serbian security forces for decades. Nor are those communities offered anything like the privileges Serbs have already and are seeking inside Kosovo. Reciprocity is rule one of diplomacy. Belgrade should not ask for anything it isn’t willing to give.

Squaring the circle

The question is whether there is any way to satisfy, at least partially, both Vucic and Kurti. The Americans view the ASM as a coordination mechanism. They are promising that it will have to be consistent with the Kosovo constitution, include non-Serbs living in Serb-majority municipalities, make financial transfers from Belgrade more transparent, and better integrate the Serb population into Kosovo. Those are worthy objectives. Can they be achieved?

I suspect so, but they will require something different from the Serb-dominated ASM assembly and executive that Belgrade envisages. That structure would lend itself to infringements on Kosovo’s sovereignty and territorial integrity, which the Americans say they don’t want. Instead, the “Association” should be a bilateral enterprise, one that includes active participation by both Belgrade and Pristina as well as American and European guarantors. If Belgrade wants to pay for education or economic development in Serb-majority municipalities, the transfers should require the approval of Pristina as well as input from the communities involved, not just Serbia’s unilateral decisions.

Coordination among the Serb-majority municipalities should also take into account the needs of their neighbors in Kosovo’s Albanian-majority municipalities. So one requirement might be active Serb participation in the already existing Kosovo municipalities association.

Pristina should consider its options

Chollet and Escobar invite the Kosovo government to put forward its own proposal for the ASM. Prime Minister Kurti should accept that challenge, designing an international structure that meets Kosovo’s constitutional and other requirements while rendering Serbia’s role in the Serb majority communities more transparent and accountable. Kosovo should ask that a comparable structure be created inside Serbia for th Albanian-majority communities.

Nothing designed in Pristina is likely to please Belgrade, but it would at least satisfy the Americans that in the context of recognition Kurti is prepared to move forward on the ASM. That would put the ball in Serbia’s court, which is where it belongs.