Clouds remain over Kosovo's future

By Nick Thorpe
BBC News, Kosovo

Kosovan President Fatmir Sejdiu led low-key celebrations on Sunday

On a day of heavy rainstorms and sudden, brilliant sunshine in Kosovo, a new constitution came into force, designed to put content into the framework of the independence declared in February.

In 14 chapters and 162 provisions, Kosovo is defined as a Parliamentary Republic. The official languages are Albanian and Serbian.

But continuing Serb opposition, and a decision by the UN secretary-general Ban Ki-moon to authorise the continuation of the existing UN mission (Unmik) cast a shadow over what the majority Albanian population had hoped would be a day of celebrations.

Instead, there was a low-key gathering in a sports hall in Pristina on Sunday evening, attended by the president, prime minister and other dignitaries.

'Representational character'

Less than an hour's drive away, in Serb-controlled northern Mitrovica, Slobodan Samardzic, the Minister for Kosovo in the outgoing Serbian government, outlined the Serb response - the calling of a new Assembly or Parliament composed of Serb representatives elected in Serbian elections on 11 May.

If someone is ready to destroy what has been built up, we would not accept it Slobodan Samardzic Press split on Kosovo constitution

The new parliament will meet for the first time on 28 June, and according to Mr Samardzic, will both coordinate the work of the new Serb municipal councils in Kosovo, and have a "representational character".

But Mr Samardzic's position, as an outgoing minister of an outgoing government, may undermine the impact of the new Serb body.

Asked by the BBC whether he expected the Serb Assembly to have the backing of a new, pro-European government in Belgrade, Mr Samardzic said it would.

But, he added, "if someone is ready to destroy what has been built up, we would not accept it" - a threat, although at this stage rather a mild one, to his successors in Belgrade.

Serb leaders in Belgrade remain bitterly divided over the best strategy to pursue in Kosovo.

Complicated formula

On 12 June UN Secretary General Ban Ki-moon finally spelt out his vision.

A simple ceremony marked the signing of the constitution

In separate letters to Kosovan President Fatmir Sejdiu and Serbian President Boris Tadic, and a five-page document to the UN Security Council, he outlined a much smaller, revamped UN mission in Kosovo, moving aside to allow the EU to play a bigger role.

His message is still being absorbed.

Kosovan Albanians had expected the UN to finally leave after nine years in control, and hand over all its powers to their government. And that the new European Union missions would oversee their independence.

Instead, a more complicated formula is being imposed, blending elements of the old UN and new EU missions.

"In the absence of other guidance from the Security Council, and following extensive consultations, it is my intention to reconfigure the structure and profile of the international civil presence to one that corresponds to the evolving situation in Kosovo, and that enables the European Union to assume an enhanced operational role," the secretary general wrote to Fatmir Sejdiu.

The letter to President Tadic of Serbia includes a list of six areas - police, courts, customs, transport and infrastructure, boundaries and the Serbian Orthodox Church - on which the UN will seek dialogue with Belgrade, as well as with Pristina.

The five-page document addressed to the UN Security Council spells out ways in which the UN mission will be "reconfigured".

Security Council 'guidance'

"Following the entry into force of Kosovo's constitution... Unmik will no longer be able to perform effectively the vast majority of its tasks as an interim administration," Ban Ki-moon observed.

In Belgrade Prime Minister Vojislav Kostunica and Slobodan Samardzic rejected Ban Ki-moon's long-awaited intervention.

They insist that the UN mission should stay in its present form, and act to obstruct independence.

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The majority ethnic Albanian authorities are now in charge of Kosovo, according to the constitution.

President Tadic took a more conciliatory view, stating that the UN secretary general's report must first be approved by the UN Security Council.

But Ban Ki-moon speaks only of seeking "guidance" from the Security Council - suggesting that he may not put his decisions to a vote.

What all this will mean in practice is not yet clear.

Some Albanian commentators fear it will legalise a parallel Serb police and court system.

Some Serbs fear it will legalise EU missions which they accuse of acting as the midwives of independence.

A rainbow arched over central Kosovo on Sunday evening, as the rain momentarily eased.

But the clarity in the sky was not matched by clarity over the future of Kosovo.