In an exclusive interview for DW, Vjosa Osmani, Acting President of Kosovo, talks about the process in the Special Court, the dialogue with Serbia, the role of Germany and of the elected American President, Biden in this process.<\/p>\n
Deutsche Welle: Acting President and Speaker
\nof the Assembly, a few days ago you took office as President of Kosovo as
\nprovided by the constitution, after the resignation of President Hashim Tha\u00e7i since
\nhe was charged by the Specialized Chambers for war crimes in Kosovo. The leader
\nof a large party in Kosovo, and the head of a parliamentary group of a
\nsimilarly large party in the Kosovo Assembly, where charged at the same time.
\nCan it be said that in Kosovo there is institutional instability or
\nendangerment of the functionality of the state?<\/p>\n
Vjosa Osmani: Let me initially mention that it
\nis not an easy time, much less common for Kosovo as a state, for all our
\ncitizens, but also for our institutions. Of course, despite these developments
\nwe should not have any hesitation to constantly repeat the truth that has
\nhappened in Kosovo. The truth is that in Kosovo there have been horrific crimes
\ncommitted by Serbia, ranging from attempted genocide to crimes against humanity
\nand war crimes, crimes which have been a continuation of a regime that has been
\nsimilar to Apartheid since 1989 until the end of the war. These are the actions
\nfor which, unfortunately, Serbia has not yet been brought to justice, despite
\nsome cases in the ICTY at the Hague Tribunal, which is not functioning now, as
\nyou know. But the vast majority of perpetrators have not yet been brought to
\njustice, which we must say out loud at all times, everywhere in Kosovo and
\nabroad, in every forum, in every institution, because we are telling the truth
\nand as Albanians we have no need to exaggerate the truth, since that truth we
\nhave experienced is extremely terrible, and we must raise our voices every day
\nto seek justice.<\/p>\n
We have never sought revenge. But only justice
\nfor the victims, justice for the children killed during the war, justice for
\nthe women and men raped during the war, justice for all these victims. And also
\nreparations for the damage that Serbia has caused in Kosovo. But on the other
\nhand, Kosovo has been a state for more than 12 years, and during these years,
\ndespite the many storms we have continuously gone through, institutional
\nstability has been maintained. We have a constitution, which clearly states
\nthat in case of absence of the President, the Speaker of the Assembly will be
\nthe Acting President, which is confirmed by a decision of the Constitutional
\nCourt. We have a constitution that determines who replaces the Prime Minister
\nin case of any absence, who replaces the Speaker of the Assembly. I have five
\nother Deputy Speakers who can substitute me. So these are issues that are built
\nin such a way as to ensure institutional stability. So, at the moment our
\ninstitutions are functioning without any problem. But this does not mean that
\nthe situation in Kosovo is not a difficult situation and above all that for the
\ncitizens, for the civilian victims of the last war in Kosovo there has not been
\njustice yet and this means that as institutions we have a much greater
\nobligation now to raise our voice to seek this justice that has been lacking so
\nfar.<\/p>\n
The Special Court will try war crimes
\nallegations against former KLA members. There are many voices in Kosovo that
\nsay that the Court is one-sided, it judges one ethnicity. And it is a precedent
\ncase in justice. I am interested to know, from the point of view of a lawyer, since
\nyou are very well acquainted with these things, do you agree with this finding?<\/p>\n
Vjosa Osmani: At the time when the Specialized
\nChambers, as the Special Court is being called, with a slightly lighter
\nterminology, were discussed in the Assembly of Kosovo, all these that you
\nmentioned were discussed, so there were arguments that it would be one
\nethnicity. There have been arguments that one party is on trial, while as I
\nmentioned earlier there is no justice for the crimes committed by Serbia. All
\nthese arguments were put in the sessions of the Assembly of Kosovo, but in the
\nend it was the insistence of the then government that at that time consisted of
\nLDK and PDK, or more clearly it was a coalition between Mr. Tha\u00e7i and Mr.
\nMustafa, and they were both as bearers of the coalition who insisted that the
\nSpecial Court be formed at all costs. Because, as we were told as MPs at the
\ntime, the other option would be much more terrible, and that would be the
\nestablishment of a Special Court by the United Nations, where then the laws of
\nKosovo would not be recognized, we would go back to the time of UNMIK, where
\nadditional powers in the field of justice and foreign policy would be given to
\nthe United Nations.<\/p>\n
So these were competencies that we took over after
\nthe declaration of independence. In a way, it was an attack on Kosovo\u2019s
\nstatehood, if we were to go in that direction. And this was more or less the
\nbasic argument why the vast majority of MPs decided, or at least to speak for
\nmyself, not to exaggerate, we supported it at the time. But it was, as I said,
\na burden taken on by that coalition at the time, a coalition which consisted of
\ntwo-thirds. And through that political support that the coalition had, it managed
\nto make two thirds in the Assembly of Kosovo to change the Constitution, and to
\neven insert the Special Court as part of our legal system. Despite the
\narguments now being made, this Court is an international obligation that Kosovo
\nhas assumed, through the ratification of an international agreement, at that
\ntime between President Jahjaga and the European Union.<\/p>\n
Second, that agreement was turned into a
\nconstitutional amendment, which was carried by the two leaders of the coalition
\nof that time. And third, it has also become an additional law, which then
\ndetermines the procedures. Now, even on the day when the Special Court was
\napproved, I showed the pros and cons, the remarks I had. I do not believe that
\nnow is the time to go back there, but I want to mention a fact that officials
\nof the Special Court themselves have stated several times, or former
\nprosecutors who have worked there and participated in investigations have made
\npublic statements that nowhere in the documentation, through which the Special Court
\nwas created, it was not said that they will deal with one ethnicity or the
\nother, but only the time mandate is determined, ie that they will investigate
\ncrimes from one period to another, ie the temporal, territorial jurisdiction,
\netc. is determined, but not that they will deal only with one ethnicity.<\/p>\n
We will now see what we can expect in the
\nfuture from the Specialized Chambers, but I would not like to go in now to
\ncomment on the issues that have ended at the time this Court has been voted.
\nBecause with its will Kosovo has formed it, with its will it has become part of
\nthe Constitution, with its will it has become part of the legal system. So all
\nthese details have been known ever since.<\/p>\n
Let us talk about
\ndomestic policy developments. The election of a new president is the task of
\nthe parliamentary political parties, according to Kosovo\u2019s parliamentary
\nelectoral system. You also exercise the duty of the Speaker of the Assembly.
\nAre you ready to complete the office of the President for a five-year term, if
\noffered?<\/p>\n
Vjosa Osmani: No, I do not believe that I will
\nnow be among the persons who will be part of the political calculations in the
\ncurrent Assembly. I do not want to give assessments from this office about
\nwhere the political parties stand, but I believe that you already know my
\npolitical stance which I have previously expressed as Speaker of the Assembly,
\nas an elected representative of the citizens of Kosovo, as I have with the
\npopular legitimacy that was given on October 6, and which of course elected the
\ncurrent Assembly. However I personally will not be part of such calculations.<\/p>\n
We are at the stage when the dialogue is
\ntaking place. You say that there is institutional stability in Kosovo. How do you
\nthink the dialogue should take place? There are rumors saying that the dialogue
\nshould be terminated…<\/p>\n
Vjosa Osmani: I think that due to the current
\ndevelopments it is not the time to continue the dialogue immediately. The
\ninstitutions of Kosovo should take some time, sit down, consult with each other,
\ncreate a much more unified attitude about the dialogue, because it is necessary
\nthat anyone who negotiates on behalf of Kosovo, for the fate of Kosovo, must have
\na much more unified stance of the political spectrum than just the coalition he\/she
\nrepresents. I will give my maximum contribution in this regard, to discuss
\ntogether with all, on what should be the positions of Kosovo.<\/p>\n
But I do not believe that it is the right
\nmoment for Kosovo to continue as if nothing has happened. Not that it does not
\nhave the institutions, since we have the institutions. But because the
\nsituation is not the same as it was a few days ago. This must be taken into
\naccount. A reassessment of the process so far should be made, what has been
\nnegotiated, how it has been negotiated, what has been achieved, no matter how
\nlittle there has been achieved. But let us all together build the steps ahead. And
\nnot to have cases when something is negotiated in Brussels, and we as other
\ninstitutions find out then either through Brussels, or the officials there, or
\nthrough the media. But these should be a kind of preliminary consultation, a
\nkind of preliminary communication of the stance so that then whoever negotiates
\non behalf of Kosovo, has a clearer idea of what Kosovo expects from him or her.<\/p>\n
On the other hand, as the Assembly of Kosovo,
\nnow to speak from the position of the Speaker of the Assembly, at one point we
\nhave made it clear to each government which are the red lines, regarding the
\ntopics that should not be discussed, and they have not only to do with the
\nsovereignty and territorial integrity of the country, but also with the
\ninternal regulation of Kosovo, ie the way they function. No one is allowed to
\nnegotiate the creation of a third power. And the government must be extremely
\ncareful not to fall into such traps, which Serbia builds by opening these
\ntopics in Brussels, ostensibly only formally, but which then turn into new
\ncompromises for the Republic of Kosovo. We, who have followed the dialogue for
\na long time have seen how they got here. But <\/p>\n
Your relations with the Prime Minister do not
\nlook as very good ones. Taking into account that you did not vote for his
\ngovernment, even though you came from the same party. Whereas, lately you are
\nno longer Deputy President of the LDK. Are you ready to be part of the
\ndialogue, from this position in which you are speaking, as Acting President, if
\na comprehensive agreement should eventually be signed if speaking in the
\ncreation of a national unity?<\/p>\n
Vjosa Osmani: I said that unity should be
\nbuilt to determine what Kosovo\u2019s stances are and to have prior unification. But
\nno rational person should go to Brussels just for signatures and formalities. I
\nwould be part of a process where I myself am part of the negotiations from the
\nbeginning, and not just give it some final formality. And to be part of the
\nsigning of agreements that I have not negotiated myself. Unity is necessary,
\nbut we must take a step back in the dialogue process, especially after the
\nrecent statements of Mr. Lajč\u00e1k, who requested from Kosovo to push forward the
\namendment of the Constitution on the issue of the association. So the political
\nand institutional leaders of Kosovo should sit down to reconfirm their
\npositions on these topics in detail and not to speak in general that the
\nConstitution is the guide. The Constitution has always been the guide. But we
\nhave 33 agreements signed so far, many of which have gone beyond the
\nConstitution, especially the document of 2015 signed in Brussels on the
\nassociation.<\/p>\n
So the fact of mentioning the Constitution of
\nKosovo should not be enough to anyone, while on the other hand an agreement is
\nsigned that goes beyond the frameworks defined by the Constitution. We all need
\nto sit down together, redefine stances, decide how to move forward and then
\ndiscuss formality issues. But just going and signing the agreement negotiated
\nby someone else would be absurd for any institutional bearer. Because you can
\nnot take responsibility to sign an agreement when you have not participated in
\nits negotiation. I am not there as a figure, I represent, I am the second most
\nvoted leader in the Republic of Kosovo, so I represent the citizens of Kosovo
\nand I can speak on behalf of the people of Kosovo, I am not a formal figure
\nthere, who is waiting while just standing there while someone else is signing
\nthe deal. However, I will support every document that is in the best interest
\nof Kosovo, any document that advances the international subjectivity of Kosovo,
\nbut by no means documents that curtail either our citizenship or our internal
\nregulation.<\/p>\n
If we take a look at the list of concessions
\nthat Kosovo has made so far since the time of Ahtisaari until now, we will have
\nto discuss them all a lot, I am not mentioning them now. While the concessions
\nmade by Serbia are very small, not to say inconvenient. We talk about what we
\nhave done. It is not the time nor the moment for us to make additional
\nconcessions, which make our state even more dysfunctional. It is time for
\nSerbia to make its own concessions. And then we will see if we can move
\nforward. But we make constant concessions in the hope that they will supposedly
\nrecognize us and in the end they behave as they did in 2007, 2008 and now in
\nthese last agreements, I believe it is the wrong approach. Serbia is simply not
\nto be trusted. It can not be trusted. Anyone who has historically followed the
\nway they behave in foreign policy, with the signing of agreements, regardless
\nof who they sign them with, should know that Serbia has infidelity as its main
\nfeature. They are unfaithful, as institutions, as political leaders, they do
\nnot keep their word and do not respect their signatures. Therefore, we should
\nnot expect anything else from Serbia in this case.<\/p>\n
In the USA we have a new president, Joe Biden,
\nwho during the campaign announced that he would have a different approach from
\nDonald Trump and his envoy Grenell about the dialogue with Serbia. From your
\npoint of view is there hope for a new dynamic of the dialogue?<\/p>\n
Vjosa Osmani: I think that the dynamic has
\nnever been the problem, but the stances. For example, during the Trump
\nadministration, at the beginning Mr. Bolton was the national security adviser,
\nwho supported the idea of changing the borders, one of the most dangerous ideas
\nhistorically for our region, and not only for Kosovo. And he created a
\nsituation where the entire political scene in the country had mistrust in
\nrelation to the dialogue. This idea has even been postponed for two years, and
\nhas put Kosovo in a very unfavorable situation, where former Prime Minister
\nHaradinaj has been forced to impose tariffs on Serbian goods, precisely to
\ncreate an additional obstacle, for this topic to be stopped. Therefore I do not
\nbelieve that we should be satisfied with the dynamics, if that dynamics goes in
\nthe wrong direction. In this case there may have been additional dynamics, but
\nthat dynamic has gone absolutely in the wrong direction. So we had full support
\nfrom the former National Security Adviser for ideas that are destructive for
\nKosovo, for its independence, for its borders, as a constitutive state element
\nand for other issues. Therefore we too shouldn\u2019t look if there is dynamics, but
\nwhat is the approach, what is the stance.<\/p>\n
At the time when Mr. Biden was Vice President,
\nsince we worked very closely at the time, firstly as an Advisor and Chief of Staff
\nin the Presidency and then as an MP, and later Chair of the Foreign Affairs
\nCommittee, we have seen an approach of the US administration since Mrs. Clinton
\nwas initially Secretary of State, but in addition to constantly having shown care
\nin relation to Kosovo, the American approach has been very clear, both on the
\nborders issue, and on the internal regulation of Kosovo, so there has never
\nbeen any insistence from the American side to discuss the borders. Therefore, I
\nexpect again from the new administration, the Biden administration to act, in
\nthe first place since Mr. Biden knows the past in Kosovo very well, he knows
\nthe context, he knows that this equivalence or moral equality of what Serbia
\nhas done in Kosovo and what certain individuals may have done can never be
\ncreated. He knows very well that Serbia has committed the most horrific crimes
\nagainst humanity in the country, including genocide, and he was one of the
\npeople who stood by Kosovo when there were few diplomats or politicians who
\nwere our voice. He really was our voice at the time when we had no voice.\u00a0<\/p>\n
How do you see the role of Germany in the
\ndialogue process with Serbia. According to the German Ambassador here in Kosovo
\nin an interview for Deutsche Welle, he says that Germany wants a legally
\nbinding agreement, which resolves all issues, including that of mutual
\nrecognition?\u00a0<\/p>\n
Vjosa Osmani: I think that a clear language of
\nGermany like the one you just quoted is extremely necessary in this process,
\nbecause, while Germany is clear, there are states, there are certain officials
\nwho do not call this by the real name which is mutual recognition, but call it
\nnormalization. Of course, Kosovo is in the dialogue for mutual recognition, but
\nnot only for mutual recognition. So mutual recognition in the current borders
\nand with the internal state regulation that we have with the current
\nconstitution of Kosovo without any changes. It is therefore necessary to ensure
\nthat this approach of Germany becomes more comprehensive, to be an approach
\nadopted by other countries as well, in particular the European Union as a
\nmechanism, ie Brussels, and I want to say that beyond this, beyond the current
\napproach, Germany has played a crucial, decisive role in preventing dangerous
\nideas and dangerous adventures on border change. For this, we as Kosovo are
\neternally grateful to Germany and we very much hope that the cooperation with Germany
\nwill advance in this period, because not only that it is the most powerful
\ncountry in the European Union, but it is also the country that has supported
\nKosovo the most in various bases before and after the war, in the statehood
\nbuilding process. Therefore, during the dialogue with Serbia, we expect an
\nincreased role of Germany, not only to prevent catastrophes such as the idea of
\nchanging the borders, but also to receive the advice, ideas and support that we
\nneed as Kosovo to advance this process and as said by the German Ambassador
\nhimself here in Kosovo, to conclude with an agreement that addresses all
\nissues, including mutual recognition as a final.<\/p>\n
You have been elected Speaker of the Assembly
\nin a regular process by a coalition between LDK and VV. That coalition is no
\nmore, while you, as you have stated several times, have been expelled from the
\nLDK. How and where is the political future of Vjosa Osmani?<\/p>\n
Vjosa Osmani: What I have stated is not only
\nmy statement but it is an issue that is confirmed by decisions of the general
\ncouncil, so it was the choice of the LDK to continue the way forward without
\nme. So it was their selection, because they closed every door for me so that I
\nwould not be able to operate there anymore. But I, from the position of the President
\nof Kosovo, do not want to go into further detail. As you said, I was elected by
\nthe Assembly of Kosovo as Speaker of the Assembly, it is not the first time
\nthat constitutional functions continue regardless of what happens to the
\ncoalition, I would not like to go into details about my political path, but
\nwhat I want to say is that I will continue to be on the political scene and
\nwhere I will be will be determined by the citizens of Kosovo, as they have
\nalways defined.<\/p>\n
And exactly those citizens
\nyou are talking about want to hear from Vjosa Osmani where her political future
\nis. Have you considered returning to the LDK and to make your fight within the
\nparty?<\/p>\n
Vjosa Osmani: I have made statements about
\nthis issue several times and I do not want to go into this topic. A door that
\nis nailed is not something that can be opened.<\/p>\n
This means you prefer other political
\nalternatives?<\/p>\n
Vjosa Osmani: I repeat that
\nit is a matter about which I would not like to speak from this office today,
\nfrom the Office of the President, although a judgment of the Constitutional
\nCourt clarifies that the Acting President may engage in political activity,
\nunlike the President elected by the Assembly, however due to the situation we
\nare going through I would not like to go into details on this issue today.\u00a0<\/p>\n","protected":false},"excerpt":{"rendered":"
In an exclusive interview for DW, Vjosa Osmani, Acting President of Kosovo, talks about the process in the Special Court, the dialogue with Serbia, the role of Germany and of the elected American President, Biden in this process.<\/p>\n","protected":false},"author":1,"featured_media":22719,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_eb_attr":"","footnotes":""},"categories":[103],"tags":[],"class_list":["post-67657","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interviews"],"yoast_head":"\n