United Nations Mission in Kosovo (UNMIK)
The United Nations Security Council passed UN Security Resolution 1244 on 10 June 1999, placing Kosovo under interim UN administration (UNMIK) and authorising a NATO-led peace-keeping force (KFOR). [For the full text of the resolution see http://daccessdds.un.org/doc/UNDOC/GEN/N99/172/89/PDF/N9917289.pdf] According to Resolution 1244, Kosovo would have autonomy within the Federal Republic of Yugoslavia and the territorial integrity of Yugoslavia, which was legally succeeded by the Republic of Serbia, would be maintained. In 2001, UNMIK promulgated a Constitutional Framework for Kosovo that established the Provisional Institutions of Self-Government (PISG), including an elected Kosovo Assembly, Presidency and Office of Prime Minister. With the final status for Kosovo still uncertain, UNMIK introduced a “standards before status” policy in 2002, which prioritised measures that would create a stable multi-ethnic Kosovo. The satisfaction of these standards was given as a pre-condition for discussions about Kosovo’s future status. The Contact Group, with representatives from the U.S, Russia and key EU states, brought this policy to life by announcing that a final status review could begin in 2005 if certain benchmarks on governance and inter-ethnic accommodation were met.

Vienna Negotiations
International negotiations began in 2006 to determine the final status of Kosovo. The UN-backed talks, lead by UN Special Envoy and Former Finnish President Martti Ahtisaari, brought together the government of the Republic of Serbia and the authorities of internationally administered Kosovo. Entering the negotiations, it was well known that the parties held diametrically opposed views on Kosovo’s final status, with Serbia entirely opposed to independence and Kosovo not willing to settle for anything less. The initial focus was accordingly on technical matters where progress was made, but no compromise could be reached on the core issue of Kosovo’s final status.

Ahtisaari Plan
With the Vienna negotiation Ahtisaari developed the Comprehensive Proposal for a Status Settlement, which he first presented to Belgrade and Prishtina on February 2, 2007. The proposal covered a wide range of issues pertinent to Kosovo’s future, especially particular measures to ensure to security and inclusion of Kosovo’s non-Albanian communities. While the proposal did not make independence explicit, many features, such the right to apply for membership in international organisations, seemed to imply future independence for Kosovo. [For the full text of the proposal see http://www.unosek.org/unosek/en/statusproposal.html] Ahtisaari then planned a period of consultations to finalise the proposal for submission to the United Nations. Serbian Prime Minister Vojislav Koštunica refused to receive Ahtisaari and called the proposal illegitimate. Kosovo Albanian leaders, however, met with Ahtisaari and were convinced that his negotiations would end soon, resulting in an independent Kosovo. U.S. and EU leaders were also supportive of the Ahtisaari proposal.

High-level talks continued in March 2007, but it became clear that no settlement could be reached on the central issue of independence. Ahtisaari then moved forward, presenting his final proposals to the UN Security Council, including a clear recommendation for Kosovo’s independence with a period of international supervision. Prishtina accepted Ahtisaari’s final settlement, while Belgrade rejected it. Immediately after the proposals become public, the United States and Germany, as current EU President, issued strong statements of support. Russia, however, refused to accept the settlement and pushed for more status talks. The U.S. and European members of the Security Council developed Resolutions for the implementation of the Ahtisaari Plan, but were forced to abandon them by July 2007 under threat of a Russian veto. The UN Secretary General later endorsed another time-limited round of negotiations led by a U.S., EU and Russian Troika of negotiators. The Troika completed its work on 10 December 2007 without any progress toward resolving the status of Kosovo. The situation seemed once again to have stagnated and the implementation of the Ahtisaari planned seemed blocked by Russia’s UN veto power, pushing Kosovo’s leaders to take action and declare independence.

Declaration of Independence
On 17 February 2008 in an extraordinary session of Parliament, Prime Minister Hashim Thaçi read the Declaration of Independence proclaiming Kosovo to be an independent and sovereign state. It established Kosovo as a democratic, secular and multi-ethnic republic that will protect and promote the rights of all communities in Kosovo and create the conditions necessary for their effective participation in political and decision-making processes. Thaçi stressed that Kosovo would fully accept and implement the obligations contained in the Ahtisaari Plan and would adopt the legislation included in Annex II, particularly those that protect and promote the rights of communities and their members. Members of Parliament then approved the Declaration unanimously with 109 votes. While the Kosovo Serb members did not participate, all other members of parliament belonging to communities voted in favour of the Declaration.
Kosovo’s move to independence was carefully coordinated with and backed by the U.S. and key EU member states. France was the first to officially recognise Kosovo, followed by the United Kingdom, Germany, Italy and the United States. Serbia, on the other hand, immediately adopted a decision in parliament annulling Kosovo’s Declaration of Independence, holding that it violated the sovereignty and territorial integrity of the Republic of Serbia. The Serbian Government then launched a two-fold policy against Kosovo’s independence, both strengthening the government’s presence in the Serb-populated areas of Kosovo and keeping Kosovo’s independence a controversial issue in the international arena. Despite Serbia’s efforts, recognitions of Kosovo’s independence continue to increase, including the majority of EU member states as well as the World Bank and the International Monetary Fund. At the same time, Russia and China, both members of the UN Security Council, as well as several EU member states, including Spain, remain opposed to any consideration of independence.

Constitution and Post-Independence Institutions
With the Declaration of Independence, Kosovo entered a 120-day period of transition as the former Provisional Institutions of Self-Government prepared for the assumption of full executive powers. The government rapidly moved to establish a constitutional and legislative basis for the full implementation of the Ahtisaari Plan. Central to this process was the writing of the constitution and the adoption of key legislation in the Kosovo Assembly. After a draft of the constitution was put forth for public debate and approved by the EU representative to Kosovo Peter Feith, the Kosovo Assembly then adopted the Constitution on 9 April, with all 103 members present voting in favour. On 15 June, the transition period ended and the Constitution came into force.   

The Constitution builds on the Ahtisaari plan and addresses the multi-ethnic nature of the new state. [For the full text of the constitution see http://www.kushtetutakosoves.info] Albanian and Serbian are identified as the official languages of Kosovo and extensive provisions are included for the protection of human rights and the rights of Kosovo’s minority communities, particularly Kosovo Serbs. This commitment is demonstrated in the chapter on the ‘Rights of Communities and their Members’, which sets out the state’s obligations for the promotion of minorities’ culture, identity and language, as well as ensuring the political participation and equitable representation of minority communities. Moreover, the constitution requires the creation of a Consultative Council for Communities (CCC) as a mechanism for exchange between the government and all of Kosovo’s communities.

During the transition period, the Kosovo Assembly also adopted extensive legislation that incorporates the Ahtisaari Plan into the laws of Kosovo. President Sejdiu subsequently signed these 41 laws alongside the Constitution on 15 June, bringing them into force. Following this milestone, the government has now turned its attention to the full implementation of the obligations contained in these laws. Among these laws, the most significant for minority communities is the Law on the Promotion and Protection of the Rights of Communities and their Members (Law on Communities). The Law on Communities commits Kosovo to take special measures to ensure the full and effective equality of communities and their members. Moreover, the articles of the law establish a range of non-discrimination and promotion-based rights, covering: identity, full and effective equality, language, culture, media, religion, education, economic and social opportunities, health and political participation.

Kosovo Serbs and Parallel Institutions
While most of Kosovo’s communities have accepted the implementation of the Ahtisaari plan, the majority of Kosovo Serbs have rejected the plan and any institutions derived from it. After the Declaration, the Serb community protested against Kosovo’s independence. Although initially peaceful, Serbia’s effort to assert control over Northern Kosovo contributed to violent confrontations in March. At the same time, the majority of Kosovo Serbs refused to accept the legitimacy of Kosovo’s changing institutions and many employed in those institutions boycotted their positions. Some Kosovo Serb police officers refused to work under the command of the Kosovo Police Service, arguing that they would only recognise the UNMIK Police Structure operating under Resolution 1244. A similar response occurred among civil service staff, with a group of administration employees refusing to work because they did not recognise the institutions of independent Kosovo. There have been, however, some significant steps made by Serb politicians towards bringing the Serb community into the new state structures. In March, Social Welfare and Labour Minister Nenad Rasić and Returns and Communities Minister Boban Stanković returned to work after walking out following the Declaration of Independence. Serb Liberal Party leader Slobodan Petrović also announced that his party members would end their month-long boycott and return to parliament and government institutions.

While the moves of these politicians were an important step forward, the persistence of parallel Serb structures continues to pose a serious threat to Kosovo’s independent institutions. According to a UNMIK Dossier leaked in April, the Serbian Ministries of Education, Culture, Social Welfare and Public Services all continued to operate in Serb areas of Kosovo. Moreover, despite warnings from both UNMIK and Kosovo’s Government, Kosovo Serbs participated in Serbia’s 11 May elections at polling stations in Kosovo. UNMIK Chief Joachim Ruecker immediately declared these votes to be unacceptable, with the intention to create parallel, illegal and illegitimate structures of Serbia in Kosovo. Following the elections, Kosovo Serbs established their own Assembly 28 June. The ‘Assembly’, which was set up in defiance of the UN and the Kosovo Government, intends to coordinate with officials in Belgrade and to help Serbia to keep Kosovo. Both the UN and Kosovo’s government have declared the ‘Assembly’ illegal and unable to validly challenge the independence of Kosovo Nonetheless, the continuation and strengthening of these parallel institutions is a constant threat to the stability of the Kosovo Government and its ability to implement the Ahtisaari plan, secure Kosovo’s sovereignty and establish an inclusive, democratic society. Moreover, they discourage the Serb community from participating in and shaping the structures of the Kosovo state, creating a real risk for marginalisation and long-term division, even if the parallel structures cease to exist. This creates arguably the greatest challenge for the Government of Kosovo, as it works to ensure the inclusion of the Kosovo Serb community into the political and social life of the new state.