Belgrade-Pristina Dialogue: EU Proposal - Agreement on the path to normalisation between Kosovo and Serbia

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Country/entity: Kosovo
Serbia
Region: Europe and Eurasia
Agreement name: Belgrade-Pristina Dialogue: EU Proposal - Agreement on the path to normalisation between Kosovo and Serbia
Date: 27 Feb 2023
Agreement status: Status unclear
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Kosovo-Serbia Normalisation Process
Parties: Kosovar prime minister Albin Kurti, Serbian president Aleksandar Vučić
Third parties: Josep Borrell - European Union
Description: Serbia and Kosovo tacitly approved an EU proposal to normalise relations, led by EU's chief diplomat Josep Borrell during talks in Brussels. The EU-brokered plan, supported by all 27 member states, outlines 11 points including each party's commitment to non-violence, mutual recognition of official documents, and non-obstruction of each other's progress towards EU membership. The finalisation and implementation of the plan will be discussed in further leaders' talks, focusing on the specifics of an annexe and potential resolutions to contentious issues, aiming ultimately for a legally binding agreement on comprehensive normalisation of relations. Status of agreement is listed as 'unclear' due to post-hoc dispute as to whether this was actually agreed and accepted by all parties.

Agreement document: XK_RS_230227_Belgrade-Pristina Dialogue_EU Proposal_Agreement on the path to normalisation between Kosovo and Serbia.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Aware that the inviolability of frontiers and respect for territorial integrity and sovereignty and the protection of national minorities are a basic condition for peace,
Groups→Racial/ethnic/national group→Substantive
Article 7
Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.
Religious groups: Groups→Religious groups→Substantive
Article 7
...
The Parties shall formalise the status of the Serbian Orthodox Church in Kosovo and afford strong level of protection to the Serbian religious and cultural heritage sites, in line with existing European models.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Aware that the inviolability of frontiers and respect for territorial integrity and sovereignty and the protection of national minorities are a basic condition for peace,
...
Article 2
Both Parties will be guided by the aims and principles laid down in the United Nations Charter, especially those of the sovereign equality of all States, respect for their independence, autonomy and territorial integrity, the right of self-determination, the protection of human rights, and non-discrimination.
State configuration: No specific mention.
Self determination: Article 2
Both Parties will be guided by the aims and principles laid down in the United Nations Charter, especially those of the sovereign equality of all States, respect for their independence, autonomy and territorial integrity, the right of self-determination, the protection of human rights, and non-discrimination.
Referendum: No specific mention.
State symbols: Article 1
...
Both Parties shall mutually recognise their respective documents and national symbols, including passports, diplomas, licence plates, and customs stamps.
Independence/secession: Article 2
Both Parties will be guided by the aims and principles laid down in the United Nations Charter, especially those of the sovereign equality of all States, respect for their independence, autonomy and territorial integrity, the right of self-determination, the protection of human rights, and non-discrimination.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Article 1
The Parties shall develop normal, good-neighbourly relations with each other on the basis of equal rights.
...
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
...
Article 7
Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.
...
Article 8
The Parties shall exchange Permanent Missions.
They shall be established at the respective Government's seat.
Practical questions relating to the establishment of the Missions shall be dealt with separately.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Article 7
Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Article 2
Both Parties will be guided by the aims and principles laid down in the United Nations Charter, especially those of the sovereign equality of all States, respect for their independence, autonomy and territorial integrity, the right of self-determination, the protection of human rights, and non-discrimination.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
...
Article 7
Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.
...
Article 9
Both Parties take note of the EU’s and other donors’ commitment to establish a special investment and financial support package for joint projects of the Parties in economic development, connectivity, green transition and other key areas.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Article 7
Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.
...
Article 9
Both Parties take note of the EU’s and other donors’ commitment to establish a special investment and financial support package for joint projects of the Parties in economic development, connectivity, green transition and other key areas.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Other
Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
Environment: Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
...
Article 9
Both Parties take note of the EU’s and other donors’ commitment to establish a special investment and financial support package for joint projects of the Parties in economic development, connectivity, green transition and other key areas.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Article 3
In conformity with the United Nations Charter, the Parties shall settle any disputes between them exclusively by peaceful means and refrain from the threat or use of force.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Article 6
...
The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Article 10
The Parties shall establish a joint Committee, chaired by the EU, for monitoring the implementation of this Agreement.
Both Parties confirm their obligation to implement all past Dialogue agreements, which remain valid and binding.
Article 11
Both Parties commit to respect the Implementation Roadmap annexed to this Agreement.
Related cases: No specific mention.
Source: No specific mention.

Belgrade-Pristina Dialogue:

EU Proposal - Agreement on the path to normalisation between Kosovo and Serbia

The Contracting Parties,

Conscious of their responsibility for the preservation of peace,

Committed to contribute to fruitful regional co-operation and security in Europe and to overcome the legacy of the past,

Aware that the inviolability of frontiers and respect for territorial integrity and sovereignty and the protection of national minorities are a basic condition for peace,

Proceeding from the historical facts and without prejudice to the different view of the Parties on fundamental questions, including on status questions,

Desirous to create the conditions for cooperation between the Parties for the benefit of the people,

Have agreed as follows:

Article 1

The Parties shall develop normal, good-neighbourly relations with each other on the basis of equal rights.

Both Parties shall mutually recognise their respective documents and national symbols, including passports, diplomas, licence plates, and customs stamps.

Article 2

Both Parties will be guided by the aims and principles laid down in the United Nations Charter, especially those of the sovereign equality of all States, respect for their independence, autonomy and territorial integrity, the right of self-determination, the protection of human rights, and non-discrimination.

Article 3

In conformity with the United Nations Charter, the Parties shall settle any disputes between them exclusively by peaceful means and refrain from the threat or use of force.

Article 4

The Parties proceed on the assumption that neither of the two can represent the other in the international sphere or act on its behalf.

Serbia will not object to Kosovo’s membership in any international organisation.

Article 5

Neither Party will block, nor encourage others to block, the other Party’s progress in their respective EU path based on their own merits.

Both Parties shall respect the values referred to in Articles 2 and 21 of the Treaty of the European Union.

Article 6

While the present Agreement constitutes an important step of normalization, both Parties will continue with new impetus the EU-led Dialogue process which should lead to a legally binding agreement on comprehensive normalization of their relations.

The Parties agree to deepen future cooperation in the fields of economy, science and technology, transport and connectivity, judicial and law enforcement relations, posts and telecommunications, health, culture, religion, sport, environmental protection, missing persons, displaced persons and other similar areas through the conclusion of specific agreements.

The details will be agreed in additional agreements facilitated by the EU-led Dialogue.

Article 7

Both Parties commit to establish specific arrangements and guarantees, in accordance with relevant Council of Europe instruments and by drawing on existing European experiences, to ensure an appropriate level of self-management for the Serbian community in Kosovo and ability for service provision in specific areas, including the possibility for financial support by Serbia and a direct communication channel for the Serbian community to the Government of Kosovo.

The Parties shall formalise the status of the Serbian Orthodox Church in Kosovo and afford strong level of protection to the Serbian religious and cultural heritage sites, in line with existing European models.

Article 8

The Parties shall exchange Permanent Missions.

They shall be established at the respective Government's seat.

Practical questions relating to the establishment of the Missions shall be dealt with separately.

Article 9

Both Parties take note of the EU’s and other donors’ commitment to establish a special investment and financial support package for joint projects of the Parties in economic development, connectivity, green transition and other key areas.

Article 10

The Parties shall establish a joint Committee, chaired by the EU, for monitoring the implementation of this Agreement.

Both Parties confirm their obligation to implement all past Dialogue agreements, which remain valid and binding.

Article 11

Both Parties commit to respect the Implementation Roadmap annexed to this Agreement.