Who is troubled by the Serbian Government's measures: Hostile act or survival for Serbs in Kosovo?

Due to its package of aid measures for Serbs in Kosovo, Serbia has faced criticism from Germany, the U.S., the EU, and Pristina. Since Serbian President Aleksandar Vucic introduced these measures, the West has characterized them as a “violation of agreements,” while Pristina views them as a “hostile act.” According to sources from Kosovo Online, there is no agreement concerning material assistance that could be violated, but the international community perceives Serbia's actions as a unilateral move that further strains the dialogue process.

Written by: Milena Miladinovic

On September 13, Vucic outlined the measures for Kosovo across five areas.

“First, a return to the ‘status quo ante.’ This has lost meaning; we demand a return to everything achieved and agreed upon in the dialogue process," Vucic stated.

The other areas for proposed measures include: Kosovo as a zone of special social protection; Strengthening the resilience of Serbian institutions in Kosovo; Establishing a special prosecutor’s office; Declaring all bodies and institutions established in Kosovo after its unilateral declaration of independence as illegal.

The following day, the Serbian Government adopted a Resolution approving a package of legal, economic, and social measures to protect the rights of Serbs and Serbia’s vital national interests in Kosovo.

Pristina’s reaction to the package was swift. In a press conference, Kosovo's Prime Minister Albin Kurti declared Serbia’s measures a “hostile act.”

“But this is more an issue for the international community. Our stance is clear,” Kurti emphasized.

The international community “responded” as well. Germany, the U.S., and the EU agree that Serbia’s legislative proposals violate its obligations in the dialogue process.

“The EU reminds Serbia that it is obligated to respect all dialogue agreements as an integral part of its EU accession process and urges Serbia to reconsider the proposed legislation accordingly,” stated EU spokesperson Nabila Massrali in a written statement to the media, while the U.S. reiterated its support for Kosovo’s territorial integrity and sovereignty across its entire territory.

Germany’s Foreign Ministry stated that Serbia’s draft law on designating Kosovo as a protected area and establishing jurisdiction over criminal offenses “clearly violates its obligations in the dialogue.”

Opinions from Kosovo Online sources differ on the issue. Some argue that there is no agreement prohibiting Serbia from providing material support to Serbs in Kosovo, and that it is paradoxical to speak of any breach of agreements, given Kosovo’s failure to establish the Community of Serb Municipalities, viewing it as a matter of survival for the Serbian population. Others believe that Serbia’s actions breach international law.

For the International Community – Serbia's Unilateral Decision

Aleksandar Sljuka, a collaborator with the NGO "New Social Initiative," stated that the international community views the Serbian Government's decision to adopt a package of measures for Kosovo as a unilateral move that could deepen the crisis in dialogue.

“There are two different perspectives here: one from the Serbian side, and the other from Pristina and international actors. The Serbian side, although it has de facto accepted Kosovo's authority on the ground, has not accepted it de jure. Serbia continues to claim rights over Kosovo’s territory and jurisdiction. Therefore, from Serbia’s perspective, everything is in accordance with the laws, and Serbia is not violating agreements. However, for Pristina and the international community, this represents a breach of agreements,” said Sljuka.

He noted that Germany, the U.S., and Brussels did not specify which agreements were violated, but it can be assumed that this concerns the Draft Law on the Organization and Competence of Judicial Authorities in Prosecuting Crimes Committed in Kosovo.

"They haven’t specified exactly which agreements are breached; however, in the context of the Law on Judicial Authorities, we can point to the Brussels Agreement and agreements related to judicial integration, as we know Serbia de facto agreed to judicial integration. If we consider that, we can say that such a remark or message is appropriate," Sljuka added.

Regarding social assistance for Serbs in Kosovo, Sljuka points out that no agreement exists that would be violated.

"If we look at the Draft Law on Kosovo as a territory of special social protection, the situation is a bit different. There has never been a specific agreement on this matter, and we know that certain institutions mentioned in the draft law still operate in Kosovo, and that the international community opposes their unilateral dissolution. We know this should happen only when the Community of Serb Municipalities (CSM) is established," our source emphasized.

According to him, international actors are not in favor of unilaterally abolishing Serbian institutions in Kosovo, but they also do not support their strengthening.

“We can view this within the spirit of dialogue, where we have a set of laws seen as a unilateral move by Belgrade that deepens the crisis in dialogue. Dialogue exists in a formal sense, and the international community believes that these moves will further contribute to the lack of meaningful dialogue, pushing normalization of relations farther away. That’s why they are urging that such steps not be taken,” Sljuka concluded.

Expected Reactions from the West

Security studies researcher Nikola Vujinovic stated that the Serbian Government’s measures to aid Serbs in Kosovo do not violate agreements, but that the reactions from Germany, the U.S., and the EU were expected, given that the collective West is a sponsor of Kosovo’s independence.

Vujinovic emphasized that, regarding aid measures, it is paradoxical to talk about a breach of agreements, given that Pristina has failed to establish the Community of Serb Municipalities (CSM) for over a decade.

“To talk about any violations of agreements by the Republic of Serbia is laughable; the fact is that Serbia respects agreements in the dialogue. The CSM, as an example of agreement violation, has been on the table for ten years or more, if I’m not mistaken. On both a political and existential level for the Serbian community, it’s absurd to discuss any breach of agreements,” Vujinovic said.

He highlighted that the West is a sponsor of Kosovo’s independence.

“Brussels, Germany, and the U.S. are sponsors of Kosovo’s independence, so of course, they will oppose any measure that threatens that independence. Serbia does not recognize Kosovo’s independence, while Albin Kurti considers it independent, and everything he does toward the Serbian community is to send a message: ‘You don’t belong here.’ Serbian laws say: ‘Not only do we belong here, but we will show what will happen if there’s no place for us,’” he stated.

Vujinovic also points out that it’s positive there were reactions, as this means Serbia’s voice was heard, and perhaps efforts to calm the situation will be made in the future.

“The reactions were expected; I even expected harsher ones, anticipating that U.S. representatives and Lajcak might come to ‘slap our wrists,’ and this is just the beginning of the legislative proposals. The essence of these laws is a message to the Serbian community, the Albanians, and the sponsors of Kosovo’s independence. I welcome this response and criticism because it means someone heard us, and it might lead to a calming of the situation,” Vujinovic emphasized.

He added that for Kosovo authorities, the survival of Serbs without Kosovo's assistance is a red line.

"Demonstrating that the Serbian community can survive without that ‘state’ is a red line for them, as it would prompt the Albanian community to question why part of the funds does not go to them if Serbia is protecting the Serbian community. This would raise many social questions in Kosovo, especially as we witness tens of thousands of people leaving Kosovo," he added.

Vujinovic stated that the Serbian Government’s measures enhance the Serbian community’s livelihood.

“These measures allow them to stay there, to fight for their lives, heritage, and identity as Serbs,” he emphasized.

He reminded that these measures were adopted after several actions taken by the Kosovo government against Serbs in Kosovo.

“The fact is, the measures were enacted after the shutdown of financial transactions, months of blocking Serbian goods, and raids on banks and institutions... These measures will surely provoke additional repression, but now the ball is in the court of the collective West to reconsider its stance towards the Serbian community, as I’m convinced that Kurti and his elite wouldn’t dare to act against the Serbian community without the green light from their sponsors,” Vujinovic concluded.

Unconstitutional Measures by Serbia

Professor of constitutional law in Pristina, Mazlum Baraliu, stated that the Serbian Government’s Draft Law on the Organization and Competence of Judicial Authorities in prosecuting crimes committed in Kosovo is illegal, emphasizing that Kosovo already has a social assistance budget that includes Serbs.

Baraliu highlighted that Serbia is violating international law with these legislative proposals.

“It’s as if we decided to pass a law to penalize people in Puerto Rico or some other country. It’s illogical and unconstitutional, as it infringes on the jurisdiction of another country. Kosovo has been recognized by 118 or 114 countries, and this not only violates rights but is also unacceptable to the West, which sometimes behaves bureaucratically, offering compromise solutions that aren’t truly solutions,” Baraliu said.

Regarding the issue of social assistance for Serbs in Kosovo, Baraliu says that Kosovo has a budget for social welfare and that Serbs in Kosovo already receive some support from Serbia.

He believes that Serbia’s decision is political and that its goals cannot be achieved.

“In Kosovo, there are 124 categories covered in different ways concerning social assistance. Since Kosovo has a budget, that’s how it operates; if we consider the Serbian community, they are already covered by Serbian aid packages, which amount to up to €800 million or even more, although it’s unclear where that aid goes. Still, there are many people from all communities living in poverty. Serbia cannot accomplish this, and I see it as a political move,” Baraliu concluded.