EU Observer (Brussels) 

 <http://euobserver.com/9/24521> http://euobserver.com/9/24521

 

[Comment] A new beginning for Kosovo

23.07.2007 - 17:25 CET | By Aleksandar Mitic and Jan Oberg
EUOBSERVER / DEBATE - During the last 20 years, the Kosovo conflict has been
handled by the international community on the basis of three
counterproductive assumptions.


One, it was believed that it could be dealt with as a special case and in
isolation from the rest of former Yugoslavia , Europe and larger world order
issues. 


Two, it was seen as a political power issue rather than a case for
professional conflict-resolution.

Three, there was a belief that deficient conflict analysis and the lack of
mediation could be covered up by NATO's 'peacemaking' bombings in 1999.

The US, EU, NATO, UN and OSCE would do well to finally recognise -­ and even
better publicly admit - that they have come to the end of the road with
these three assumptions, as reflected in the current stalemate in the UN
Security Council. ­Proposals for 'supervised independence' by former Finnish
president Marti Ahtisaari have been blocked by a threat of a Russian veto.

Both the Albanians and the Serbs today feel humiliated, victimised and
cheated by the mismanagement of the international players.

Washington is frustrated by its failure to get through a speedy imposition
of Kosovo's independence, Moscow is determined not to allow this imposition
as a breach of international law and Brussels is spending more time managing
its internal cohesion than creatively thinking about how to get out of the
impasse.

Summer 2007 is therefore the time for a new beginning in Kosovo. Any
continuation on the basis of the three aforementioned assumptions could
cause serious trouble in Kosovo and elsewhere in the world.

What is urgently needed now is impartial, professional mediation by
countries, civil society and individuals who have no other mandate but to
help the parties solve their conflict.

Mediation
A conflict has found a sustainable solution when the parties have
investigated all creative future options and worked their way towards a
future arrangement that they can accept voluntarily and are therefore
committed to implement on the ground.

The mediation process and mediator(s) must be considered impartial and
neutral by all parties. The chief mediator will need a quite large team of
professional expertise in the area, in conflict analysis, mediation,
reconciliation and forgiveness - all competences much more important than
being a career diplomat or, say, a former president.

By its Charter and in spite of its 'mission impossible' in Kosovo since
1999, the United Nations would probably be the best negotiation agency,
closely working with the OSCE, the EU and other regional bodies.

Members of these organisations should provide security and finance the
process which may well take 1-2 years. During that period, none of the
parties should explore and negotiate solutions with a pistol in their backs
or a time-bomb on the tracks.

There must be enough time, parties and space for a new process to succeed.

There must be enough time, because hurrying the process is detrimental to
the quality of the process: in the Vienna talks, rounds were held at
increasingly shorter intervals as pressure to conclude the process
increased.

There must be enough participants, since room must be given to arguments,
needs and interests on all sides. The future of Kosovo will influence the
whole region and, thus, there are many participants to give a stake in the
solution. Also, it is no longer feasible that only governments try to make
peace; democratic peace is about providing for civil society to state its
concerns and contribute its creativity. While diplomats can leave, citizens
must stay and live with the result of the peace-making process. 
While certain ideas from the Ahtisaari process can be kept as a basis for a
solution, Belgrade 's proposals must not be automatically rejected as
underdeveloped and unrealistic.

On the other hand, Belgrade must further mobilise its proposals and present
them as a real incentive to Pristina as well as a constructive alternative
for the international community.

There must be enough space, because a solution must be created within a
viable framework. The overwhelming majority of international actors insist
on the legality and legitimacy of a UN Security Council resolution as well
as on the norms of the UN Charter; Kosovo should not be an exception from
all other similar cases.

The quality of people's everyday life
It has been made very clear that ignoring the territorial integrity of
Serbia will not be accepted in the world's top body. As a result and as a
starting point, it should therefore be accepted that international law must
be respected and that a space for solution can be found between the
territorial integrity of a state and the right of a majority to rule itself.

However, if the parties can find a way to an independent Kosovo that is
acceptable to Serbia , its citizens and those of Kosovo, then no one should
oppose that.

In fact, independence versus integration are typical power issues. To now
introduce a conflict-resolution perspective would imply two new foci: what
is this conflict about and, consequently, how can Kosovo , Serbia and
neighbouring countries develop in such a way that future life in Kosovo will
be good for those living there?

At the end of the day, the formal status of the province is much less
important than the quality of people's everyday life.

Neither independence nor re-integration can in and of itself be a guarantee
for a good life for all. For both side these positions have been mantras for
too long.

What all people in the region want, need and have a right to are things such
as good schools and health care, freedom of movement, gender balance, good
economic opportunities, employment, social security etc. And above all, they
need to make peace, stop hating and go for reconciliation with their
neighbours.

Without these, no status solution will succeed or last for long.

Politicians need to use these as a starting point to the process, ending
with the question: What status should Kosovo have in order to best fulfil
these needs for all in the region? Such an approach of substance and human
need rather than formality and law would engage citizens in a new democratic
way.

The solutions found to these life quality goals would compel the parties to
enter into an overall agreement voluntarily and with serious commitment to
also implement them.

It will certainly not be easy. But in contrast to the now failed power
policy with conflict-mismanagement, this type of principled
conflict-handling holds a hope for peace -conflict-resolution, peace-making
and building with genuine human reconciliation. 

Aleksandar Mitic is director of the project 'Kosovo 2006: The Making of a
Compromise' (www.kosovocompromise.com) by the Institute 4S in Brussels and
EU correspondent of the Serbian Tanjug news agency. Jan Oberg is Director of
the Transnational Foundation for Peace and Future Research in Lund .

  

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