It is time for the establishment of the Association of municipalities with a Serbian majority

By: Derek Chollet, Advisor to the US Department of State and Gabriel Escobar, US Special Envoy for the Western Balkans

The United States of America and the European Union have placed new emphasis on the integration of the Western Balkans into the transatlantic family. In February 2022, President Biden and Chancellor Scholz declared that they are committed "to closing the issue of the integration of the Western Balkans... to finally realize a whole Europe, free and at peace."

Among our most important goals in the Western Balkans is to help create the conditions for healthy, peaceful and stable relations between Serbia and Kosovo. During the past weeks, together with France, Germany, Italy and the EU, we have traveled to Belgrade and Pristina to encourage both sides to accept the EU's proposal for both countries to normalize relations, break the cycle of crises and confrontation and resolutely advance their European integration. This is a historic opportunity that we believe both parties should take advantage of.

Among the most critical tasks remains the implementation of the agreement on the Association of municipalities with a Serbian majority. There have been many discussions about the Association and the time has come to show clearly what this Association is and what it is not. In general, the Association would be a structure for municipalities with ethnic Serbian majority population to coordinate issues and services such as: education, health care, urban and rural planning and local economic development - in other words, the functions for which all municipalities in Kosovo are responsible. It is a way to improve the daily life of citizens, create trust between ethnic Serbs and the central government, ensure better connections between the north and the rest of the country, and create mechanisms for Serbs to participate more in the social life of Kosovo. . Equally important, implementation of the Association Agreement is a remaining, legally binding, international obligation, which requires action by Kosovo, Serbia and the EU, and an existing commitment by the United States in support of EU-facilitated dialogue. here.

Kosovo's commitment to create the Association does not violate its Constitution, nor does it threaten its sovereignty, independence or democratic institutions. We strongly oppose the creation of any Republika Srpska-like ethnicity in Bosnia and Herzegovina (BiH); The international community is not seeking to impose a solution. Instead, we are asking Kosovo to provide its vision for this Association and we are ready to provide expertise and political support to ensure that it works in the best interest of Kosovars. The EU Special Representative has pointed out that there are 14 similar arrangements within the European Union – none of which undermine European systems of effective governance. Within the framework of the EU-facilitated dialogue, Kosovo can reject options that threaten its legal structure, but it cannot reject its commitments. As the most pro-Kosovo country in the world, the United States of America is committed to supporting the people of Kosovo to ensure that its constitutional and legal structure is not compromised.

What would the Association look like? Municipalities with common interests, language and culture could work more efficiently together to address common challenges in the provision of public services, through economies of scale and the exchange of best practices. For example, municipalities will be able to design curriculum in Serbian language for local schools in some municipalities and not operate in a vacuum and doing double work. Such cooperation is in accordance with the decision of the Constitutional Court of 2015 on the commitment to Association and the principles of good governance practiced in other countries in Europe.

WHAT nuk would it be the Association? Nuk would add a new layer of executive and legislative power to the Government of Kosovo. This important principle dates back to Ahtisaari's proposal. Municipalities cooperate in the co-management of jurisdictions within the legitimate Kosovar institutions and structures. By allowing certain municipalities to more efficiently exercise the powers they already have, this would avoid the need for Kosovar citizens to seek services from illegal parallel structures - as many do now - and would preserve the transparency and legality of the structure of the according to and within Kosovar law. And any support and assistance that Serbia would offer to the Kosovo Serb community would have to be transparent and go through these legitimate and permitted channels.

Also, it is important to highlight that an Association of municipalities with a Serbian majority it would not be monoethnic. These would be municipalities with Serbian majority where not only ethnic Serbs live, but also other groups - Albanians, Bosniaks and others - whose rights must also be ensured and protected. The members of the Association would be local officials already elected as representatives of all residents in their municipalities. Among the main concerns of the Constitutional Court of Kosovo was the question of how to ensure that the Association remains open to all ethnicities and is fully within the structure of Kosovo's legal framework, and it called for the initial proposal to be adapted and not rejected, as and emphasized the obligation to create such an association according to the Brussels agreement.

As the closest friend and ally of Kosovo, we believe that by working for the establishment of the Association, Kosovo will fulfill a critical element necessary for building its just future as a sovereign, multi-ethnic and independent state, integrated in Euro-Atlantic structures. We are ready to support Kosovo to fulfill this commitment and we will stand by your country every step of the way. The future of Kosovo and Serbia – and its young people who are now looking abroad for opportunities – may be bright in a Europe "whole, free and at peace". All we need is to use this moment together.