German government hints at insistence of Serb association in Kosovo before CoE membership

6 months ago 29

The German government is likely to insist on the establishment of the Association of Serb Municipalities in north Kosovo before giving the ‘ok’ for the country to join the Strasbourg-based human rights organisation, the Council of Europe according to comments given to Euractiv.

Kosovo is at the last step of the application process having passed a landslide vote in favour of its membership in April. On 17 May, the Committee of Ministers comprising foreign ministers from each member state, will meet to vote on whether Kosovo will become a member.

Rumours have been swirling that aside from the obvious opponents, Serbia, Germany and even France could also be set to oppose the accession unless Pristina forms an Association of Serb Municipalities designed to give the country’s Serb population more autonomy and pushed for by Serbia and the EU.

Euractiv asked the German Foreign Ministry whether they would insist on Kosovo establishing the association before it joins the Council of Europe.

A ministry spokesperson confirmed they are in favour of Kosovo’s accession and that talks on this matter are already underway ahead of the 17 May meeting.

They added “It is important for the next steps that Kosovo now sends clear signals with regard to the protection of minorities, which is a key issue in the Council of Europe.”

The argument that Kosovo must increase protection for minorities was used by some member states and the plenary debate but shot down during discussions with the line that the country joining the council will bring all minorities and citizens under its protection while also providing more mechanisms for redress.

Kosovo closer to joining Council of Europe, Serbia attacks Greek delegate

Kosovo took another step towards becoming a member of the Council of Europe (CoE), a pan-European human rights body, on Tuesday (16 April) as its parliamentary assembly overwhelmingly passed a report recommending membership, with even representatives from non-recognising states voting in support.

German member Knut Abraham said at the recent session that the CoE offers human rights protection, and it would “make no sense to deny minorities access to the instruments this institution can offer: rapporteurs, monitors, and especially the European Court of Human Rights.”

Minorities in Kosovo enjoy considerable rights under the constitution, including Serbian being an official language, guaranteed seats in parliament regardless of election results, representation at a municipal level, the right to nominate key police officials in Serb majority areas, Serbian language taught and studied in Serb-majority schools instead of Albanian, and at least one minister from the Serb minority in government.

The spokesperson continued “The issue of the Serbian community association plays a central role here. The establishment of the association of municipalities remains a goal that Kosovo and Serbia have agreed on in the EU-facilitated dialogue.”

The association was agreed on during EU-backed dialogue for the normalisation of relations between Kosovo and Serbia, back in 2013. Comprising the municipalities of North Mitrovica, Zubin Patok, Leopsavic, Gracanica, Novo Brdo, Ranilug, Partes, Zvecan, Strpce, and Kloktoo-Vrbovac it was initially envisaged to have no legislative power, but rather overview of health, education, rural and urban planning and the economy.

But Kosovo’s constitutional court ruled it incompatible with the constitution and since then, the associations establishment has been on hold. A number of proposals have been put on the table including from the EU and even Albanian Prime Minister Edi Rama, but none have made any impact.

Pristina maintains that any association should not have legislative or executive powers, fearing a failure like the system of Republika Srpska in Bosnia and Herzegovina.

Incidents like the September 2023 EU-dubbed ‘terrorist attack’ in Banjska led by Serb paramilitaries and believed by Kosovo to be backed by Belgrade, have also led to increased concern it could be used to break away the north from the rest of the country.

Meanwhile, Kurti has said it should only be established, in line with the constitution, after mutual recognition.

While it is a central part of the EU dialogue and normalisation process, the establishment of the association is not a formal criterion to join the Council of Europe. This has resulted in anger in Kosovo

During the plenary vote, the adopted opinion clearly states that the association should be a “post-accession commitment” and Greek member Dora Bakoyannis, the rapporteur on the file, said in her speech that the association is “out of reach for the moment.”

At the time, Kosovo’s Prime Minister Albin Kurti said that the Committee of Ministers has not taken a decision different from the plenary since 1951 and he believed “the next phase will also be completed successfully.”

However, a source with knowledge of the matter told Euractiv that the vote could be postponed until later this year if it is not sure Kosovo will get enough votes to join.

Pristina, EU at odds over Banjska ‘terrorist attack’ report

Four months after the EU-dubbed ‘terrorist attack’ by Serb militants in the north of Kosovo and pledges of possible measures against Serbia pending the outcome of Pristina’s investigation, the EU Commission insists on a ‘final report’ with authorities in Kosovo saying they have already provided them with evidence and proof of Belgrade’s involvement, calling on them for a response.

(Alice Taylor | Euractiv.com, Oliver Noyan contributed to reporting, edited by Sarantis Michalopoulos)