Tag: European Union

Getting to post-Dayton Bosnia

Here are the talking points I prepared for myself for today’s conference in Sarajevo on The Biden Administration’s Bosnia Policy: 30 Years of Federation of BiH sponsored by the US-Europe Alliance and the International University of Sarajevo:

  1. It is a great pleasure to be back in Sarajevo, truly one of the most beautiful and welcoming cities on earth.
  2. A great deal has changed since I first came here in November 1994, during the war, and even since I was here five or six years ago.
  3. I was the US embassy’s most frequent visitor during the war.
  4. The streets then were empty of both cars and people, the city was divided and isolated from its so-called suburbs, shelling was frequent, most shops were closed, heat and electricity were at best sporadic, telephones had stopped working, civilians needed to learn where they could walk without being targeted by snipers. Thousands of civilians were killed.
  5. Small arms fire hit my UN plane while landing the first time I came to Sarajevo.
  6. Things have changed a great deal. My compliments to those who have made it happen.
  7. I find Sarajevo much enlivened, younger, and more cosmopolitan. It is good that so many tourists are making their way here, that you have a Sarajevo School of Science and Technology that grants British as well as Bosnian degrees, that the Vijecnica is restored and occupied by a young woman who has more experience as a university professor than as a politician.
  8. But it is also true that the Dayton agreements froze the warring parties in place by institutionalizing the political divisions among Bosniaks, Serbs, and Croats.
  9. Each group has a veto on almost everything at the state level and in the Federation.
  10. Dayton also reduced the role of people who refused to identify themselves with one of the three major groups, preferring to think of themselves as individuals with inalienable rights.
  11. I believe it is high time to correct those mistakes.
  12. The two entities are the warring parties of 1995. One is now threatening secession. The other is threatened with division by those who want a third entity.
  13. These objectives are ethnic war by political means. That is better than war by military means, but it is still not the best option available.
  14. You will later in this conference discuss the legal strategy aimed at reforming Dayton Bosnia, which has been notably successful at the European Court of Human Rights but remains largely unimplemented, due to the ethnic nationalist vetoes.
  15. That however should not be the only strategy aimed at making Bosnia a more functional and effective state.
  16. Others may talk today about economic strategies. Any Bosnian enterprise with ambition should be unhappy with today’s Dayton Bosnia.
  17. A serious company should want a more unified economic space with improved relations with the rest of the world, especially Europe but also the United States.
  18. But I want to focus mainly on political reforms, which I think are needed in two dimensions.
  19. One is reform within Bosnia’s political parties, which are largely fiefdoms of the party leaders.
  20. More competitive contests for party leadership would open up the existing political parties, enable them to have more policy and programmatic focus, and reduce the dominance of the political parties within the Bosnian state.
  21. Political party reform would also reduce the risks of state capture by people exploiting public resources and patronage. And it would reduce the risks that state investigations of corruption would be blocked.
  22. The second dimension of needed political reform is cross-ethnic cooperation.
  23. This is not entirely lacking. Croat and Serb ethnic nationalists cooperate quite well these days, as they did in southern Bosnia during the war.
  24. What is needed is creation of a more civic-oriented multiethnic coalition, one that would reinforce the legal strategy that has produced good results at the ECHR.
  25. Such a civic coalition would focus on improving governance, not only at the national level but also in the municipalities.
  26. That is where citizens and government interact most frequently. A coalition that proves it can meet citizen demands at the municipal level will have a much greater chance of winning at other levels.
  27. Despite my wartime role as Mr. Federation, I am no longer a friend to the entities or the cantons. It seems to me Bosnia and Herzegovina could be more effectively governed at the municipal level and at the state level.
  28. The state government should have full authority to negotiate and implement the EU’s acquis communautaire.
  29. The municipalities, in accordance with the European principle of subsidiarity, should have responsibility for everything else.
  30. It is not clear to me how you get to that kind of post-Dayton Bosnia from where things stand now.
  31. It will take political courage and smart strategy, beginning with redefinition of Bosnians as citizens rather than ethnic groups.
  32. Yes, you are correct in thinking that the Americans imposed the Dayton system on Bosnia. Some of you will want to fix what we broke.
  33. But we imposed what the wartime leadership said they would accept.
  34. Twenty-nine years later neither the Americans nor the Europeans have the clout to change the system.
  35. Nor do they have the incentive to do so. Many fear instability and some have confidence in the transformational power of the EU.
  36. It is now up to Bosnians to change the political system. There are good legal, political, and economic reasons to do so.
  37. The simple fact is that Dayton Bosnia will not be able to join the European Union or NATO.
  38. Many in the current political leadership know that but don’t mind. They fear their own political and economic fortunes would end in a Bosnia with strong judicial, legislative, and executive institutions.
  39. It is Bosnia’s citizens who are going to have to do the heavy lifting.
  40. The Americans and European should be prepared to help.
  41. The Americans tried with European support in 2006 when they supported the negotiation of what became known as the April package.
  42. That failed to get a 2/3 majority in parliament by just two votes.
  43. The EU tried more recently with American support through the Citizens’ Assembly, municipal versions of which have also convened in Banja Luka and Mostar.
  44. Much more of this kind of effort is needed to build a cross-ethnic constituency for peace.
  45. Let me turn now to the hard part. I regret to say Bosnia also needs to be ready for war, in order to prevent it.
  46. Milorad Dodik and Aleksandar Vucic have made their intentions clear. They are creating a de facto Serbian world that would remove Republika Srpska from any oversight by Bosnian institutions.
  47. This is a clever scheme, with each step kept below the level at which it might stimulate a negative European or American reaction.
  48. Nor would I rule out a military dimension to the Serb strategy like the attempt at Banjska in Kosovo last September. That would be a provocation intended to provoke a reaction that enables Republika Srpska or Serbia to justify intervention.
  49. The Bosnian Army, EUFOR and NATO also need to be ready for what we call in Washington “little green men” used to infest Brcko in a kind of stealth takeover.
  50. Only if Dodik and Vucic understand that there will be a rapid and effective US and EU military reaction can we be sure they won’t try these Moscow-inspired gimmicks.
  51. Preserving the peace requires both military strength and political reform. Getting beyond the Dayton state in Bosnia will require commitment and inspiration.
  52. Bosnia has come a long way in the past 29 years. But it still has a way to go before it is a normal democratic country, one without a High Representative, one whose unity and territorial integrity citizens of all ethnicities defend, and one in which individual rights are protected for everyone.
  53. I am not suggesting something less than what I myself want. I would never trade my individual rights—protected by the judicial, legislative, and executive branches—for group rights.
  54. I wish you well undertaking the worthy effort of creating a post-Dayton, civic Bosnia. One that can join the European Union and NATO without looking back!
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What good is a norm if it will be breached?

My cousin by marriage, Bill Caplan, is an engineer and former hi-tech business owner. After selling his business, he dared in retirement to get a master’s degree in architecture. He has devoted himself for years to unraveling the mysteries of energy conservation in buildings and how the world should respond to global warming. He is convinced that our current efforts are inadequate.

Smarter and better

But he is not urging faster and more. He is urging smarter and better.

Watch the video above. Bill argues that just constructing a building that uses less energy is pointless by itself, and even sometimes counterproductive. This is because production and transportation of the building materials emit so much carbon dioxide even before construction starts. That’s my crude account of his argument. Best to listen to him.

I have no doubt that he is correct on the merits. But I doubt that his proposed solution is adequate. He has devoted himself to raising the consciousness of practicing architects. That merits applause. They could correct some of the worst abuses. But you would have to give a lot of American Institute of Architect lectures to reach any significant number of them. We can hope the video embedded here gets lots of viewers.

The solution

A carbon tax can be more widely effective. It could raise the cost of materials whose production and transportation uses carbon and discourage at least some of the practices Bill cites. The European Union is implementing a carbon tax in 2026. Canada and twenty of the EU member states had already levied carbon taxes by 2023. Here are the European numbers:

I don’t know if these taxes are high enough or sufficiently well-designed to avoid unintended consequences. But the US would be well-advised to figure it out and follow suit. Our national habit of bemoaning high energy prices and avoiding gasoline taxes slows the transition to non-carbon fuels. Refusal to tax carbon also incentivizes subsidies to wind, solar, and nuclear. Better to make the polluter pay and allow the market to drive carbon reduction.

A norm is better than none

Bill is discouraged, as he sees the breach of the 1.5 degrees centigrade norm looming soon. That is bad. But I still think we are far better off than in the past. We knew the mechanisms and prospects of global warming when I worked on the first UN Conference on the Human Environment in 1972. Nothing was done to prevent the consequences for decades thereafter.

Now at least we have an agreed global norm that virtually every country on earth accepts, with the notable exception of Donald Trump’s America. Knowing that we are going to breach a norm is better than not having a norm at all. Avoiding 1.5 degrees of warming has mobilized a great deal more effort to slow global warming than previously. It might even eventually motivate a carbon tax in the US.

For more from Bill, see his Environmental Law Institute book Thwart Global Warming Now: Reducing Embodied Carbon Brick by Brick. For more on international norms, see my own Strengthening International Regimes: the Case of Radiation Protection, which discusses the 1.5 degree norm.

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Mealy-mouthed won’t work, riot act will

Yesterday Nevena Bogdanović of RFE/RL asked for my comments on the “Declaration On The Protection Of National And Political Rights And The Common Future Of The Serbian People.” I find the full text in English at https://twitter.com/NationalIndNews/status/1799467259133317379). Her deadline was too tight for my schedule. So I am recording here my reactions not only to the Declaration but also to the contrasting responses of the American embassies in Sarajevo and Belgrade.

The Declaration is what it says it is

The Declaration is the product of an effort to institutionalize pan-Serb institutions in an Assembly (to meet every two years) and a National Council of the Serbian People. The Assembly includes representatives of the widespread Serb diaspora. But the Council is constituted of officials from the Republic of Serbia (Belgrade) and the Bosnian entity Republika Srpska (headquartered in Banja Luka). The purpose of their cooperation is spelled out:

The Pan-Serbian Assembly recommends that the institutions of the Republic of Serbia and the Republic of Srpska act unitedly and in coordination and make efforts to stop the assimilation of Serbs in the countries of the region, as well as around the world.

https://twitter.com/NationalIndNews/status/1799467259133317379

The Assembly also recognizes the Serbian Orthodox Church as a pillar of “national, cultural, and spiritual identity.” It supports Serbia in efforts to preserve its sovereignty and territorial integrity, declaring Kosovo and Metohija “inalienable.”

The Assembly also wants reversion in Bosnia to the Dayton peace agreements as signed. That means without the many decisions the High Representative, the Sarajevo parliament, and the entity assemblies have made since 1995. The Declaration explicitly challenges the appointment of the current High Representative.

Greater Serbia by another name

I could go on, but essentially this document is a manifesto for the Serbian World, or Greater Serbia. The references to the broader Serb diaspora are a thin veil. Most Serbs who live in Australia are already “assimilated.” They vote in elections there, serve in its armed forces and other Australian institutions, and describe themselves as Australian, even while preserving their identity as Serbs.

The real purpose of this declaration is to prevent Serbs in the neighboring countries (Bosnia, Montenegro, and Kosovo) from professing and acting on loyalty to the countries in which they live. That is a prerequisite for any future union, which is the ultimate Serb aim. The good news is that someone thinks the Serbs might be loyal to the countries in which they live.

The embassy statements, one right and one wrong

US Embassy Sarajevo got it right:

…the conclusions adopted at the All-Serb Assembly as they relate to the Dayton Peace Agreement (DPA) and the independent state of Bosnia and Herzegovina (BiH) are rooted in legal disinformation and riddled with errors. They do not constitute a defense of the Dayton Peace Agreement, as the authors claim, but are a deliberate attack on that agreement and the state institutions of Bosnia and Herzegovina. This is dangerous.

https://x.com/USEmbassySJJ/status/1800222971526623266

US Embassy Belgrade got it wrong. I am told this is what the Ambassador said in response to a question about the Declaration:

The focus of everyone who cares about Serbia and its future should remain on creating a peaceful and prosperous future for the entire Western Balkans, increasing regional cooperation with EU integration as the final goal. Serbia has a constructive role to play in that process and we welcome the many examples of its leaders pledging to do so.

While this is true, you wouldn’t know that Serbia is already “rapidly veering off course” for EU accession.

I haven’t found a comment from US Embassy Pristina. It correctly retweeted Sarajevo’s denunciation.

Squeeze Republika Srpska

Which is the real American position? At present, both are. Washington is trying to appease Vucic and burn Milorad Dodik, the secessionist President of Republika Srpska. This effort to distinguish between them has not worked. Nor will it, since their objective is the same: Greater Serbia, de facto if not de jure.

Embassy Sarajevo has consistently said the right things about Dodik, whom the US has sanctioned. But it has not really done anything more about him. Washington should be squeezing Republika Srpska’s finances as tight as it can. And getting the EU and UK to do likewise. My compliments if they are doing that quietly.

Read Belgrade the riot act

The Americans are appeasing Serbia these days because they want Belgrade to continue exporting ammunition to Ukraine. But Serbia is also exporting electronic components to Russia that are needed to manufacture weapons. Belgrade deserves little credit for doing what it should want to do, especially if it continues doing what it knows it should not do.

Some Americans also believe mollifying Vucic will work better than criticizing him. I know of no basis for this belief. It is inconsistent with his own past behavior as well as that of his mentor, Slobodan Milosevic. I had hoped when he first came to power that Vucic would become a real democrat. But he dashed those hopes long ago.

The Americans should read Vucic the riot act, that is warn him loudly and publicly. Washington should oppose European Bank for Reconstruction and Development (EBRD) funding for Serbia unless he decides to end irredentist claims to Bosnia, Montenegro, and Kosovo. The Americans should also lobby hard against European Investment Bank (EIB) and EU Growth Plan funding unless that condition is fulfilled.

Save some money and dignity

The Balkans are far down on America’s list of priorities these days. Saving some tens of millions there should be welcome. Cutting funding to those who oppose American and European objectives in the region should be easy. Benefits of Western institutions should go to those who merit them. It is embarrassing that they are going to people who don’t.

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Belgrade needs to do its part

Besnik Velija of Pristina’s Gazeta Express asked questions. I responded yesterday:

Q: As an analyst with long experience and who has followed the politics of the Balkans for so long, what does the fact that Prime Minister Albin Kurti refused to move forward with the Association Draft even though it cost him the loss of membership in the Council of Europe. And what does it mean for the relationship of trustworthiness between the parties, given that the internationals were not even convinced by two letters with promises and demanded substantial and tangible steps for the Association?

A: The Prime Minister’s relationships with the Europeans and Americans is lacking confidence and effectiveness. That said, I think it is a colossal mistake for the Americans and Europeans to insist on creation of the Association of Serbian-Majority Municipalities, which is Belgrade’s top priority in the dialogue, without any benefits for Pristina. All concerned should reread the 2013 Brussels agreement, which required not only the Association but also Belgrade recognition of the validity of the Kosovo constitution on its entire territory, participation of Serbs in Kosovo’s institutions, and non-interference in Kosovo’s path toward the European Union. Belgrade has fulfilled none of those requirements.

Q: How do you see everything that happened around the Lajcak Draft for the Association? Do you think that Kosovo will ever implement that Draft, considering that Kurti was able to fail the membership in the Council of Europe and not send that Draft to the Constitutional Court?

A: I don’t see how the Association can move forward without at least de facto if not de jure recognition of Kosovo by Serbia.

Q: How did you see Foreign Minister Gervalla’s offer in the last few hours? She first said that Kosovo is writing a Draft inspired by the FES draft, then at the conference she said that there is nothing concrete and that it is only in the proposal phase. Does such an approach show frivolity on the Kosovo side and how do you comment on the fact that there was no coordination with the President of Kosovo for such a proposal?

A: I’ll leave the coordination issue up to those involved. I do think Kosovo should prepare a draft that it would find acceptable, provided Belgrade fulfills its obligations under the 2013 Brussels agreement.

Q: Now that the CoE application is gone, what do you think that the EU and US can do in order to convince Kosovo to move forward with ASM implementation?

A: They can convince Belgrade to do its part.

Q: If there will be no steps toward ASMM, Do you think that there could be space for a return of the land-swap idea if former US president Donald Trump will be back in office in WH?

A: I have no doubt the land swap idea will arise again if Trump is re-elected, whether or not there are steps toward ASMM.

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What to do about the Association

The inevitable question today for those who think about the Balkans is what to do about the Association/Community of Serb-majority Municipalities. Belgrade wants it formed by statute inside Kosovo. The Americans and Europeans are insisting on it. The Kosovo authorities are resisting it. What should be done?

The original agreement

Pristina agreed to the Association in 2013, in what was termed the “First Agreement of Principles Governing the Normalization of Relations.” This unsigned agreement envisaged the Association having “full overview of the areas of economic development, education, health, urban and rural planning.” The central authorities could also delegate to it additional competences. There was a further agreement concluded in 1915, but the Kosovo Constitutional Court voided much of that agreement.

The 2013 agreement includes quid pro quo‘s for Kosovo. It provides for the integration of Serbs into the Kosovo Police and judicial institutions, as well as application of the Kosovo legal framework in all the Serb municipalities. It also provided “that neither side will block, or encourage others to block, the other side’s progress in their respective EU path.”

This was a two-way deal, not a one-way concession. Vuk Draskovic, Serbia’s former foreign minister, reminded me of this during a visit to Washington last year.

Its failure

Neither Belgrade nor Pristina has fulfilled its part of the bargain. Albin Kurti, now Kosovo prime minister, opposed formation of the Association while in opposition. In power, he has continued to resist its implementation. Serbian President Vucic, who served as Deputy Prime Minister at the time of the original agreement, has continued to insist on it.

Moreover, talk in Belgrade about creating a “Serbian world” that includes the Serb populations of neighboring countries has raised suspicions. People in Kosovo worry that Serbia is trying to create with the Association a separate, autonomous area outside Pristina’s authority. Those suspicions gained credence when a Belgrade-backed proposal for the Association did just that. A similar Serb association in Bosnia led to war in the 1990s.

In the meanwhile, Belgrade has failed to fulfill its part of the deal. It has never given up trying to block Kosovo progress towards the EU. This includes its recent efforts to bar Kosovo accession to the Council of Europe. Serbs have withdrawn from Kosovo institutions in the four northern municipalities. Serbia also sponsored a boycott of elections there, kidnapped three Kosovo police from Kosovo territory, organized a rent-a-riot that injured NATO peacekeepers, and plotted a terrorist attack last September intended to provide an excuse for a Serbian military incursion. Each of these efforts was a challenge to the legal framework that Belgrade had agreed would be applied throughout Kosovo.

Diplomatic malpractice

There is nothing new about failed agreements between Kosovo and Serbia. Many of the more technical agreements from before 2013 achieved only partial or belated implementation. But for reasons only the diplomats involved can explain, in this case the Americans and Europeans promised Belgrade implementation of the Association without any quid pro quo for Kosovo.

In an op/ed the Americans promised the Association won’t be allowed to become a new level of governance. But they have not been willing to commit to that in a formal government agreement. The Europeans have levied “consequences” (i.e. sanctions) on Kosovo for failing to establish the Association. They have also at the last minute delayed consideration of Kosovo’s application to join the Council of Europe. The Europeans imposed this new condition even though Kosovo had met a long-standing requirement to acknowledge a Serb monastery’s property rights.

This is diplomatic malpractice. I suppose the intense pressure will make Kosovo cough up a proposed statute for the Association. But it makes no sense to condition accession to the Council of Europe on its implementation. Membership in that otherwise obscure institution would give Serbs in Kosovo access to the European Court of Human Rights. That provides a serious forum for resolution of ethnic minority complaints. Serbia, the US, and the EU should welcome Kosovo interest in joining it.

Give to get

In addition to pressuring Kosovo, the US and EU should remind Serbia of its obligations under the 2013 agreement. Serbs should reenter the Kosovo institutions and participate in elections. Belgrade should end its campaign against Kosovo membership in European institutions. Serbia should deliver its rioters and terrorists to Kosovo for trial, as evidence that Belgrade accepts the Kosovo legal framework. I have no doubt but that Pristina would view the Association differently if Belgrade fulfilled all these conditions.

Serbia should give in order to get. That is what they 2013 agreement on the Association requires.

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Farewell to failure

State Department Deputy Assistant Secretary Escobar and EU Special Representative Lajcak, both with mandates for the Western Balkans during the past three years, are saying their farewells in Washington this week. These are two experienced diplomats who know the Balkans well. They have collaborated without much friction. The biggest visible issue has been American support for “Open Balkans,” a scheme for facilitating trade. The Europeans rightly viewed it as unnecessary and duplicative of their own efforts in what is known as “the Berlin process.”

But Lajcak and Escobar failed to produce the political normalization between Kosovo and Serbia that they made their top priority.

What went wrong?

Escobar and Lajcak started badly and ended worse. They promised Belgrade that they would prioritize the creation of the Association of Serb-majority Municipalities inside Kosovo. They ended without significant progress on that mistaken priority.

Pristina had committed to the Association in a 2013 Brussels agreement. But Escobar and Lajcak neglected to get Belgrade to deliver the quid pro quo. In addition to the Association, the Brussels agreement acknowledges the validity of the Kosovo constitution and justice system in its entire territory, commits the Serbs to participating in Pristina’s governing institutions, and pledges that Kosovo and Serbia will advance to the EU without interfering with each other.

Belgrade has reneged on all those commitments. It has maintained de facto governance over the Serb population in the Serb-majority communities of northern Kosovo. It organized the boycott of municipal elections there. Belgrade also withdrew Serb officials from the police and courts. And Serbia has done everything possible to hinder Kosovo entry into the Council of Europe.

Belgrade then went on the offensive

Frustrated with the failure of the EU and US to deliver the Association, Serbia last year decided to make things worse. It kidnapped two Kosovo police from Kosovo territory, rented a mob to attack NATO peacekeepers inside Kosovo, and organized a terrorist attack that was supposed to provide the excuse for a Serbian military intervention.

By the end of last year, Serbian President Vucic was expressing hope for changed geopolitical conditions, including Trump’s reelection, that would enable Serbia to retake part or all of Kosovo. The newly inaugurated Serbian government includes vocal supporters of the Russian invasion of Ukraine and the leading advocate of the “Serbian world,” a euphemism for Greater Serbia.

Policy needs a reset

Clearly, Western policy towards Serbia is not working. Washington and Brussels aren’t doing much better with Kosovo. Pristina has refused to move on the Association, despite costly European “consequences” and vituperative US denunciations. Only if Belgrade implements the other provisions of the 2013 Brussels agreement will Pristina respond in kind. Vucic is in no mood to do that.

Success requires a reset. The more political dialogue the 2013 agreement initiated has demonstrably failed for more than a decade. The more technical dialogue that preceded it was far more successful. It focused on issues that could produce demonstrable benefits to the citizens of both countries. Despite spotty implementation, the results were substantial. Even today, Pristina and Belgrade have done better with practical issues like license plates and identity documents than political normalization.

That is the right direction for the future. Political normalization for now is a bridge too far. Serbia won’t be interested in surrendering its sovereignty claims in Kosovo until the war in Ukraine ends Russian annexations there. Kosovo won’t be interested in forming the Association until it is confident that Serbia accepts its sovereignty and territorial integrity. But both Belgrade and Pristina can welcome smoothing movement through their mutual borders and enabling more licit trade and commerce.

Pristina has rightly begun to insist on use of its official currency, the Euro, in transactions within Kosovo. But that is creating problems for the Serb communities, which receive subsidies from Belgrade in Serbian dinars. This is the kind of practical issue the EU and US should focus on. Belgrade and Pristina need to agree on transparency for Serbia’s subsidies to the Serb communities inside Kosovo, which would help resolve the currency issue. That is the practical direction in which prospects for success lie.

Farewell to failure requires getting the priorities right.

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