On 17 February 2008, the Assembly of Kosovo declared the independence of this territory, which has been formally part of Serbia but under international administration since 1999. Although, with this decision, which came after 2 years of failed negotiations over the final status of the province, Kosovar authorities hoped to put an end to an ambiguous situation and close the final chapter of the dissolution of the former Yugoslavia, Kosovo's unilateral declaration of independence has in reality created new challenges and new uncertainties.

As of 17 October 2008 Kosovo's independence had been recognized by 51 countries, mostly in Europe. Others - including most prominently Russia, but also a number of European countries - have made it clear that they will not recognize an independent Kosovo. Belgrade has also called the decision illegal and officially maintains its claim of sovereignty over Kosovo.

Although some serious incidents have followed the 17 February declaration, the security situation in the region has remained relatively calm. The worst scenarios that had been put forward before the declaration of independence - mass exodus of the Kosovo Serbs, boycotts imposed by Belgrade, or even military action - have hitherto not materialized. However, the current situation is very precarious and many unresolved issues remain.

One of the greatest challenges is the situation of the Serb-populated areas of Kosovo. Already before February, Pristina's authority there was challenged through the development of parallel administrative structures. Belgrade, which has actively supported those institutions, is now seeking to expand its authority in these areas. While the general trend is towards an ever-clearer separation of the two communities, the intentions of Belgrade, Pristina, and Kosovo Serbs, in the long term remain unclear.

Another major unresolved issue is the future of the international presence in Kosovo. The Ahtisaari plan provided a clear roadmap for a transition in this presence. However, the lack of consensus in the UN Security Council (UNSC) has prevented this transition to take place as planned. Instead, several international organizations coexist in Kosovo with partially overlapping mandates; this situation seriously weakens the coherence of international efforts.  With the entry into force of Kosovo's new constitution on 15 June 2008, the question of a transition in the international presence in Kosovo has become even more complex.

The current situation is thus very sensitive, possibly even more so than before Kosovo's unilateral declaration of independence. Resolving this quandary requires careful handling by every party involved. This report will attempt to highlight some of the main elements of this complex situation. The analysis builds on last year's special report of this Committee [163 CDS 07 rev 2], starting where it left off with the failure of negotiations over Kosovo's final status. The first chapter will summarize the main events that have led to and immediately followed Kosovo's unilateral declaration of independence. The second chapter will then review the major challenges created by this new reality. Specific recommendations will be presented in a separate resolution.

by Vitalino Canas (Portugal)

Nato Parliamentary Assembly - November 2008

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