http://www.economist.com/world/europe/displaystory.cfm?story_id=11460102

ECONOMIST (UK)

Kosovo's future
Divided rule

May 29th 2008 | PRISTINA

The European Union runs into roadblocks in its plans for Kosovo

WHEN the Austro-Hungarian empire declared war on Serbia in July 1914, few
could have imagined that the result would be the demise not only of the
Habsburg empire, but also of the Russian and Ottoman ones. Nobody believes
that Serbia's challenge to the European Union over Kosovo will be anything
like as dramatic; most Serbs want to join the EU, not destroy it. Yet 100
days after Kosovo declared independence, Serbia has done a lot better than
anybody expected in thwarting the EU's plans for it.

Serbia still regards Kosovo as a province, but the ethnic Albanians, who
constitute over 90% of its 2m people, declared its independence in February.
So far 41 countries have recognised Kosovo, including America and 20 of the
EU's 27 members. But five of these are microstates like Nauru and the
Marshall Islands. And such big hitters as Brazil, China, India and Russia
have not recognised the new country. Nor have Spain, Egypt or even most
Muslim countries.

Since the end of the war in 1999, Kosovo has come under the jurisdiction of
the United Nations. Legally the last word in its government accordingly lies
with the head of the UN mission in Pristina. When Kosovo declared its
independence, the EU authorised the establishment of a big new police and
justice mission named EULEX. With the Americans and others, it also set up
the office of the international civilian representative (ICR), investing him
with sweeping powers.

On June 15th Kosovo's new constitution is due to come into force. It
foresees no role at all for the UN. But legal and technical problems mean
that the EULEX mission has been postponed. As for the ICR, whose (Dutch)
head, Pieter Feith, is also the EU's special representative in Kosovo, one
UN official scoffs, "He and his team are here as tourists. What are they
doing? They can't take over the role they were assigned, as we are still
here."

Since independence the Belgrade government has consolidated its grip on
Serbian areas of Kosovo, including almost all of the region north of
Mitrovica. It even held local elections, condemned as illegal by the UN, the
EU and the ICR. EULEX and the ICR will be unable to operate in these areas.
De facto, Kosovo is thus divided not only into Serb and ethnic-Albanian
areas, but also into places where the UN will keep operating and the
ethnic-Albanian areas where EULEX and the ICR will probably take over. For
the EU, says one diplomat, "It is a face-saving operation now. Their plan
has been derailed."

As the June 15th deadline nears, meeting after meeting is taking place to
try to resolve the impasse. The UN's future role is now utterly unclear
because, as the joke has it, everyone is "waiting for Ban". Under pressure
from all sides, the UN secretary-general, Ban Ki-moon, has done little
beyond prohibiting the transfer of cars, buildings and equipment to EULEX
and the ICR. The Russians recently warned him that any notion that he might
try to resolve the problem without the approval of the UN Security Council
(and thus of Russia) was "out of the question".

Attempts are now being made to square the circle by seeing if EULEX could
somehow come under the UN's legal authority, but so far no progress towards
a deal has been made. What is becoming distressingly obvious to Kosovo's
Albanians is that, despite declaring independence, their future is still
tied to Serbia's. Keen to gain more recognition, they are making little
fuss. But Mr Feith says "they need to be given some comfort that their
interests are being taken care of." If they don't get it, he sees trouble
ahead.

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