Kosovo and the Council of Europe: An unsuccessful round, what message was sent to Pristina?

The decision of the members of the Political Committee of the Parliamentary Assembly of the Council of Europe (PACE) to remove Kosovo's request for special guest status from the agenda was met with mixed reactions in Pristina—ranging from claims of a serious diplomatic failure to assurances from Self-Determination Movement representatives that Kosovo’s accession to the Council of Europe is an "unstoppable process." From Belgrade, yesterday’s developments in Paris are seen as confirmation of effective Serbian diplomacy, as well as a message to Pristina that violations of Serbs' rights do not go "under the radar."

Written by: Dusica Radeka Djordjevic

As a special guest in PACE, Kosovo still would not have had voting rights. However, had it obtained this status yesterday, it could have claimed recognition of its statehood, as this status is intended for parliaments of "states that have applied for membership in the Council of Europe."

Although full membership in the Council of Europe would be of the greatest significance to Pristina, the fact that ten parliamentarians from eight countries that recognize Kosovo voted to remove Kosovo's request from the agenda has caused additional concern.

Democratic Party of Kosovo (DPK) MP Ariane Musliu-Shoshi, who was part of the Kosovo delegation in PACE yesterday, stated that the unexpected turn of events had not been foreseen by political groups within the Council of Europe nor considered a possibility.

"This situation highlights the need for us to mobilize as a state, in cooperation with our allies, and to develop a clear strategy that will ensure the realization of our priorities and agendas in the international arena," said Musliu-Shoshi.

According to former president of the Kosovo Chamber of Commerce, Safet Gerxhaliu, the removal of Kosovo's request from the agenda represents a serious diplomatic failure. He is particularly concerned that parliamentarians from Germany—one of Pristina's key allies—were among those who did not support the request.

Gerxhaliu stated that this failure should serve as a "wake-up call" for Kosovo's politicians and a signal that it is necessary to "depoliticize diplomacy."

While he believes that Kosovo is now further from joining the Council of Europe, Self-Determination Movement official Saranda Bogujevci insists that Kosovo will undoubtedly become a member of this organization and that the process is irreversible.

Among the PACE Political Committee members who voted to remove Kosovo’s request from the agenda, those from countries recognizing Kosovo included parliamentarians from the United Kingdom, Germany, Hungary, Austria, Sweden, Portugal, Italy, and Lithuania. Meanwhile, MPs from non-recognizing countries who supported the removal came from Spain, Romania, Cyprus, Bosnia and Herzegovina, and Serbia.

Legal expert Milan Antonijevic told Kosovo Online that parliamentarians within the Council of Europe are well aware of the current situation—namely, that Kosovo has failed to meet its obligations, particularly regarding the establishment of the Association of Serb Municipalities. He believes that by voting in the PACE Political Committee, they primarily intended to send a political message to Kosovo that it must change its policies toward minorities and fulfill its obligations under the Brussels Agreement.

According to Antonijevic, the voting results indicate that countries that previously were not aligned with Serbia’s stance are now gradually shifting their position.

"I am primarily referring to Germany and the United Kingdom, as well as some other countries that have recognized Kosovo, but whose parliamentarians have changed their stance. When we add to this the countries within the Council of Europe that have not recognized Kosovo, it presents a slightly different picture compared to Pristina’s expectations. This is also a strong form of pressure on Pristina to fulfill its obligations, to ensure that human and minority rights are not politicized but treated as genuine priorities of the Pristina government—something that is not currently evident. There is a significant number of incidents that have been pointed out, and parliamentarians within the Council of Europe are aware of this. The Council of Europe itself has conducted analyses on the state of human rights, incidents, unilateral actions by Pristina, and all the issues that we in Belgrade, as well as the entire region, see clearly and criticize," Antonijevic stated.

He states, however, that it is difficult to predict whether the majority position expressed yesterday could be an indicator of how the Committee of Ministers of the Council of Europe would vote if Kosovo’s request for full membership were to be included on its agenda.

"Serbian diplomacy is working on presenting a clear picture of the relations between Belgrade and Pristina and the possibilities for making progress. Membership in the Council of Europe would be too big of a step, especially while Kosovo’s status remains unresolved in any way. This means that only after a comprehensive agreement can further considerations take place. At this moment, we are far from anything resembling a comprehensive agreement, full protection of minority rights for the Serbian community, and all other priorities of Serbia, which it will certainly not abandon," Antonijevic states.

He emphasizes that the countries that have not recognized Kosovo are significant allies of Serbia within the Council of Europe and will remain so both due to their own interests and because of their support for Serbia.

"We can see that there are many developments that Pristina cannot control, indicating that there is no unified stance within the Council of Europe and that the organization remains focused on its primary mission—protecting human rights—and makes decisions accordingly," he assesses.

According to Srđan Barac from the Center for Social Stability, the removal of Kosovo’s request from the agenda of the PACE Political Committee is a message that Serbian diplomacy is performing well, but also a serious warning to Kosovo’s political elites that their actions in recent times have not gone "under the radar."

"This is a message that Serbia has managed to communicate what is happening regarding human rights and the rule of law in Kosovo and Metohija, considering that the Council of Europe was founded precisely to protect human rights, the rule of law, and democracy. I believe this was a strong message to political elites in Kosovo that their past actions have not gone unnoticed, nor have they been overshadowed by their long-standing political narrative of liberation. Under the guise of that idea of liberation, they have violated fundamental rights and core values on which even these countries—whose parliamentarians voted—are based, though we must acknowledge that those parliamentarians represent specific political parties," Barac told Kosovo Online.

He added that this was a positive signal from Europe but that Serbia cannot afford to be complacent and must continue working daily to maintain this image in the international community.

"The global stage is vast, and we are small countries on that big board. As small countries, we must insist on respecting international law, human rights, minority rights, democracy, and, above all, the rule of law. Taking all of this into account, we must point out that none of this is respected in Kosovo and Metohija, and we seek the support of major players," he concluded.

Commenting on yesterday’s outcome in PACE, analyst Blerim Burjani from Pristina told Kosovo Online that membership in the Council of Europe is not a priority for Kosovo and that it has not been discussed for a long time.

"It would be ideal for Kosovo to become a member of this international organization. There are obstacles, but the Council of Europe has not been a topic of discussion for a long time, and it is not a pressing issue for Kosovo at the moment. Kosovo meets all the requirements for membership, but its absence from the Council of Europe primarily affects its citizens—both Albanians and Serbs," Burjani stated.

He added that Kosovo currently has more pressing matters to address, such as forming a new government.

"Right now, the most important issue for Kosovo is forming a new government. There is a political standoff between the ruling party and the opposition. Self-Determination is still hoping to form a government in coalition with non-Serb minorities and Nisma, so for now, membership in the Council of Europe is not on Kosovo’s agenda," he emphasized.

For the removal of Kosovo’s request from the Political Committee’s agenda, 21 parliamentarians voted in favor, while 10 voted for it to remain. Some committee members, which number over 80, abstained from voting, while others were not present in the chamber. Whether Pristina’s request will be included in the April meeting of the committee remains to be seen. Until then, Kosovo will remain in the status of "Other Delegation" within PACE.