http://euobserver.com/7/20228
[Comment] Many options but independence for Kosovo
16.11.2005 - 17:44 CET | By Jan Oberg and Aleksandar Mitic
EUOBSERVER / COMMENT - The Serbian province of Kosovo, largely populated by
the Albanian majority, has failed to meet basic human rights and political
standards set as prerequisites by the international community, but it should
nevertheless enter - in the months to come - talks on its future status.

This basic conclusion of the long-awaited report by UN special envoy Kai
Eide was approved by the UN secretary general Kofi Annan and fully supported
by the EU and the US. But it fails to demystify the paradox.

>From a legal point of view, Kosovo is an integral part of the sovereign
state of Serbia and Montenegro. However, after Milosevic' clampdown on the
province - including taking away its autonomy - and NATO's partwise
destruction of Kosovo and Serbia in 1999, Security Council Resolution 1244
declared it a territory administered by the United Nations.

Thus UNMIK (the UN Mission in Kosovo), together with NATO, the OSCE and the
EU make up the authority ever since. However, talks and negotiations about
the future status and "standards" of the territory shall begin this autumn;
UN Secretary General Kofi Annan has recently appointed former Finnish
President Martti Ahtisaari to lead this process.

EU foreign policy chief Javier Solana recently disseminated ideas of the
European Union taking over law enforcement in Kosovo from the United Nations
as part of a more active engagement in the Balkans.

Bluff from the start?
Only two and a half years ago, the international community had charged that
talks on Kosovo's status could not start before a set of basic human rights
standards was achieved.

Since then, however, as it became clearer that the Kosovo Albanian majority
was unwilling to meet the criteria and the UN unable to enforce them. There
has been a permanent watering down of prerequisites, until the proclaimed
policy of "standards before status" was finally buried with Mr Eide's
report.

Why has it failed? Is it because of fear of Kosovo Albanian threats of
inciting violence if talks on status did not start soon, or was this policy
a bluff from the start?

What kind of signal does it offer for the fairness of the upcoming talks?
Will threats of ethnic violence in case "the only option for Kosovo
Albanians - independence" - is not achieved again play a role? Or will the
international community overcome its fear and offer both Pristina and
Belgrade reasons to believe that the solution would be negotiated and
long-lasting rather than imposed, one-sided and conflict-prone?

Recipe for future troubles
Advocates of Kosovo's independence such as the International Crisis Group,
Wesley Clark, Richard Holbrooke and various US members of Congress argue
"independence is the only solution."

The US has more urgent problems elsewhere. But full independence cannot be
negotiated, it can only be imposed. "Independent Kosovo" implies that the
Kosovo-Albanians achieve their maximalist goal while Belgrade and the Kosovo
Serbs and Roma would not even get their minimum - a recipe for future
troubles.

It would be also counter-productive for Europe and the US: to side with the
Kosovo-Albanians and isolate Serbia - a highly multi-ethnic, strategically
important, constitutional state with a market of 10 million people - would
be foolish. Keeping on punishing Serbia and Serbs collectively for former
President of Serbia Slobodan Milosevic's brutality would be immoral.

An "independent Kosovo" would set a dangerous precedent for the region, not
least in Bosnia and Macedonia, for international law and for European
integration.

And if Kosovo becomes independent, why not Taiwan, Tibet, Chechnya, Tamil
Eelam, Kashmir? The world has about 200 states and 5,000 ethnic groups. Who
would like 4,800 new and ethnically pure states? The future is about human
globalization and integration.

Independence would also violate UN Security Council Resolution 1244 of 1999
on Kosovo. Not even liberally interpreted does it endorse independence.

The results of Milosevic's authoritarian policies clearly prevented Kosovo
from returning to its pre-1999 status. Belgrade recognises that today.

Europe's largest - but ignored - refugee problem
The international community on its side refuses to see that the UN, NATO, EU
and OSCE in Kosovo have failed miserably in creating the multi-ethnic,
tolerant and safe Kosovo that it thought the military intervention would
facilitate.

There has been virtually no return of the 200,000 Serbs and tens of
thousands of other non-Albanians who felt threatened by Albanian
nationalists and terrorists in 1999-2000.

Proportionately this is the largest ethnic cleansing in ex-Yugoslavia. Half
a million Serbs in today's Serbia, driven out of Croatia, Bosnia and Kosovo,
make up Europe's largest - but ignored - refugee problem. The economy of
Kosovo remains in shambles 70% unemployment - and is mafia-integrated.

There is never only one solution to a complex problem. Between the old
autonomy for Kosovo and full independence is a myriad of thinkable options
combining internal and regional features.

They should all be on the negotiation table - for instance, a citizens'
Kosovo where ethnic background is irrelevant, cantonisation, consociation,
confederation, condominium, double autonomy for minorities there and in
Southern Serbia, partition, trusteeship, independence with special features
such as soft borders, no army and guarantees for never joining Albania.

Least creative of all is the "only-one-solution" that all main actors today
propose - completely incompatible with every other "only-one solution."

Finally, no formal status will work if the people continue to hate and see
no development opportunities.

If we ignore human needs for fear-reduction, deep reconciliation and
economic recovery, independent Kosovo will become another failed state,
perhaps consumed by civil war.

Kosovo is about the future of that province and of Serbia, but also about
the region and the EU.

Indeed, Kosovo is about global politics. In this 11th hour, the UN, EU and
the US should re-evaluate their post-1990 policies and recognise the need
for much more intellectually open and politically pluralist approaches than
those that have been promoted so far.

Otherwise, political rigidity, lack of principle and wishful thinking could
once again prove to be the enemies of sustainable peace in this region.

Aleksandar Mitic was Belgrade correspondent for Agence France-Presse (AFP)
from 1999-2005. Jan Oberg is Director and co-founder of the Swedish
Transnational Foundation, TFF, a think tank in peace research and conflict
mitigation.



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