Political status of Kosovo
The political status of Kosovo, also known as the Kosovo question, is the subject of a long-running political and territorial dispute between the Serbian (and previously, Yugoslav) government and the Government of Kosovo, stemming from the breakup of Yugoslavia (1991–92) and the ensuing Kosovo War (1998–99). In 1999, the administration of the Autonomous Province of Kosovo and Metohija was handed on an interim basis to the United Nations under the terms of UNSCR 1244 which ended the Kosovo conflict of that year. That resolution reaffirmed the territorial integrity of Serbia over Kosovo but required the UN administration to promote the establishment of 'substantial autonomy and self-government' for Kosovo pending a 'final settlement' for negotiation between the parties.
The UN-sponsored talks began in February 2006, and though no agreement was reached between the parties, a proposal from UN Special Envoy Martti Ahtisaari was presented in May 2007 which recommended 'supervised independence' for the province. After many weeks of discussions at the UN in New York, the United States, United Kingdom and other European members of the United Nations Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, as they had failed to secure Russian backing.[1]
On 17 February 2008, representatives of the people of Kosovo, acting outside the Provisional Institutions of Self-Government (PISG) framework established by the UN governance mission, issued a declaration of independence establishing the Republic of Kosovo.[2] The International Court of Justice ruled that the declaration did not violate international law and argued that the signatory authors represented the broad will of the People of Kosovo, rather than the Assembly of Kosovo under the umbrella of UN resolution 1244.[3]
Status process (2006–2008)[edit]
Initial UN-backed talks (2006)[edit]
The UN-facilitated Kosovo future status process was led by UN Special Envoy Martti Ahtisaari, former president of Finland; Austrian diplomat Albert Rohan is his deputy. Ahtisaari's office — the UN Office of the Special Envoy for Kosovo (UNOSEK) — is located in Vienna, Austria, and includes liaison staff from NATO, the EU and the United States.[25] Ahtisaari is supported in his efforts by Ambassador Frank G. Wisner, the U.S. Representative to the Kosovo Status Talks.[26] Ahtisaari holds regular meetings with representatives of the Contact Group.
The initial status negotiations focused on technical issues important for Kosovo's long-term stability, particularly the rights and protection of Kosovo's minorities (especially the Kosovo Serbs). Ahtisaari brought the parties together for the first direct dialogue in February 2006 to discuss decentralization of local government, which is an important measure to protect Kosovo Serb communities. Subsequent meetings addressed economic issues, property rights, protection of Serbian Orthodox Church heritage and institutional guarantees for the rights of Kosovo's minorities.[27][25]
On 24 July 2006, Ahtisaari brought the parties together in Vienna for the first high-level talks on the status outcome itself. Serbian President Boris Tadić, Prime Minister Vojislav Koštunica, Kosovo President Fatmir Sejdiu and Prime Minister Agim Çeku attended and presented their respective platforms for Kosovo's future status. Ahtisaari later told the press that the meeting resulted in no breakthroughs, but added that the discussion was "frank and candid" and the atmosphere was better than he could have expected.[28][29]
Ahtisaari briefed Contact Group foreign ministers on 20 September 2006, in New York City at a meeting chaired by U.S. Secretary of State Condoleezza Rice. At that meeting, the Contact Group released a press statement that reaffirmed its desire to work towards a negotiated settlement in the course of 2006 and also endorsed Ahtisaari's plans to develop a comprehensive proposal for a status settlement.[30] After consultations with the Contact Group in Vienna on 10 November, Ahtisaari decided to delay sharing his proposal with the parties until after Serbia held parliamentary elections on 21 January 2007. He said he would take his proposal to the parties "without delay" after these elections.[31]
Continued discussions[edit]
On 3 April, Ahtisaari presented to the UN Security Council his final package of proposals, which included a clear recommendation that Kosovo should become independent subject to a period of international supervision.[27][32][33]
Pristina accepted Ahtisaari's final Settlement, while Belgrade rejected it. Immediately after the proposals became public, the United States and Germany (in its capacity as EU Presidency) issued strong statements of support. The European Parliament also declared its full support to Ahtisaari's plan. Russia, however, called for new rounds of negotiations, possibly with a new special envoy. At least one other member of the Security Council, South Africa, a non-permanent member, has expressed agreement with Russian concerns.[34]
On 11 May, European members of the UN Security Council, Germany and the United States circulated a draft UN Security Council resolution that would replace UN Security Council Resolution 1244, endorse Ahtisaari's Settlement and end the UN administration after a transition period of 120 days. The U.S. Permanent Representative to the UN said that the European/U.S. draft had enough support in the Security Council to be adopted unless Russia chooses to use its Security Council veto, which Russia has stated at numerous occasions that it might use unless the resolution is acceptable by both sides.[35][36][37]
Russia rejected a UN Security Council resolution based on the Ahtisaari Plan.[38] As discussions progressed in the week of 16 July, seemingly with little hope of agreement, EU foreign policy chief Javier Solana was quoted as saying that the European Union would cease supporting efforts to agree a resolution backing the Ahtisaari plan 'within days' if Russian concerns could not be met. Russia had rejected another draft resolution on Monday 16 July which had called for further talks between Serbia and Kosovo Albanians, describing the draft as 'permeated with the concept of the independence of Kosovo'. British Deputy Head of Mission in New York, Karen Pierce, told reporters on 17 July that a final draft of the resolution would be introduced 'within 36 hours'.
According to news service Reuters,[39] Solana had said that a further, four-month period of talks would be conducted under the authority of the Contact Group, though did not discount that a resolution might still be agreed in the coming days. German Chancellor Angela Merkel appeared to support renewed talks between the parties after discussions with Serbian Prime Minister Vojislav Koštunica, 'We are now thinking about whether it would be possible to support a phase of negotiations between Belgrade and Pristina to try once again to find a solution,' Merkel was quoted as saying.
The United States, United Kingdom and other European members of the Security Council formally 'discarded' a draft resolution backing Ahtisaari's proposal on 20 July 2007, having failed to secure Russian backing.[40]
The UN Secretary-General later endorsed another time-limited round of negotiations led by a U.S./EU/Russian Troika of negotiators. The Troika completed its work on 10 December 2007, without having achieved an agreement between the parties on Kosovo's status.
On 22 January 2008 the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution calling for the continuation of talks on the basis of UNSC Resolution 1244.[41][42]