What does the European plan guarantee the Serbian community in Kosovo?

The European proposal for the normalization of relations between Kosovo and Serbia in item 7 deals with the rights of the Serbian community in Kosovo, and the Serbian Orthodox Church is also mentioned, which is very important for the future of the Serbs in that area, the interlocutors of Kosovo Online and excellent connoisseurs of international affairs, Dragisa Mijacic and Zoran Milivojevic agree.

In this context, they also point to a part of the document in which it is said that both parties confirmed their obligation to implement all previous agreements from the dialogue, which means that the Community of Serb-majority Municipalities must be implemented as already agreed.

For the Serbian community in Kosovo, according to certain interpretations, the European proposal opens up the possibility of upgrading to the CSM, in the form of additional instruments of territorial and cultural autonomy.

Coordinator of the Working Group of the National Convention on the EU for Chapter 35, Dragisa Mijacic, tells Kosovo Online that, although the European plan mainly refers to the normalization of relations between Serbia and Kosovo, there is no normalization without solving the issue of protecting the collective rights of the Serbian community and demilitarizing the north of Kosovo.

"In this regard, Article 10 of the European Plan clearly states that all the provisions of the previously adopted agreements must be implemented, which will be operationalized through the annex on the implementation of the agreement. In addition, Article 7 of the European plan talks about the protection of the rights of the Serbian community to self-government in accordance with the principles of the Council of Europe and good European practices, as well as the regulation of the status of the Serbian Orthodox Church. These provisions will also be regulated within the annex on implementation, which will be negotiated in the coming days," Mijacic says.

However, the dilemma remains whether, during the negotiations on implementation, the Pristina side can, when it is the turn of the self-government for the Serbian community (Article 7), derogate from what was agreed about the CSM in Brussels in 2013 and 2015; especially, bearing in mind that just one day after the meeting between Serbian President Aleksandar Vucic and Kosovo Prime Minister Albin Kurti in Brussels where the European proposal was discussed, Kosovo's Deputy Prime Minister Besnik Bislimi insisted that the CSM was conceived as a "mechanism that functions as a non-governmental organization".

Mijacic says that Article 7 of the European proposal indicates that the CSM is not sufficient in protecting the rights of the Serbs in Kosovo and that it is necessary to work on additional instruments such as territorial and cultural autonomy.

The retired diplomat Zoran Milivojevic is of a similar opinion, who says that what is defined in the European proposal regarding self-government for the Serbian community can only be an upgrade to the CSM because the Brussels agreement that provides for the CSM has not been repealed nor has it ceased to produce legal effects.

"Further discussions on all other issues, including issues that are in the European plan, can only be part of essential negotiations in a situation where the CSM is implemented in the political system. There is no continuation of negotiations without the fulfillment of the Brussels Agreement in full. The CSM, that is, the remaining part of the Brussels Agreement, which makes up the first six items, together with the accompanying agreements, especially the one from 2015 on the principles of the formation of the CSM, must be fulfilled to the end, as a previous issue, as it has already been negotiated and concluded. What appears in the EU proposal, is a platform for future talks and it can always be discussed because there is always room for improvement of human and other rights, but this does not call into question the Brussels Agreement and the CSM according to that agreement," Milivojevic says.

Considering that the European proposal mentions the formalization of the status of the Serbian Orthodox Church in Kosovo and the provision of a strong level of protection to Serbian places of religious and cultural heritage, Milivojevic says that since Serbia does not recognize the state of Kosovo, the status of the Serbian Orthodox Church is defined in the Republic of Serbia in the legal and status sense.

"And as far as protection is concerned, mechanisms should be discussed. March 17 is getting close, and we should remember what happened then concerning churches and monasteries. A protection mechanism is necessary, and the status of the Serbian Orthodox Church is indisputable for Serbia," Milivojevic says.

He adds that the talks held in Brussels the day before yesterday do not call into question the international legal position of Kosovo "as a protectorate under the mandate of the United Nations under Resolution 1244, within the Republic of Serbia".

When it comes to what the European document brings in terms of reducing tensions, Milivojevic points out that unblocking the dialogue is already reducing tensions.

"There is no smarter thing than to talk; every agreement within the dialogue is one element of reducing tensions because while the dialogue lasts tensions are on the second plan. However, the greatest responsibility lies with the mediators, with the EU with the assistance of Washington, which has a decisive influence on Pristina. They should find solutions for what Albin Kurti disputes, that is, the CSM. Serbia is for dialogue. Peace and security are in the foreground and we expect it to be the same on the other side," Milivojevic concludes.