The Prime Minister of Kosovo, Isa Mustafa, in an interview for Radio Free Europe, says that the establishment of the special court will not be easy but that Kosovo must overcome this challenge.

Mr. Prime Minister, regarding the statement by EU High Representative Mogherini that you will hold your first meeting with your Serbian counterpart, Aleksandar Vucic, in January. What do you expect from this meeting?

I think it should be an informative meeting and we should open the agenda of issues that we will discuss in the future. I, the government and Parliament of Kosovo, must be informed about the topics we will be discussing in Brussels with Serbia at the level of Prime Ministers. We want dialogue to move forward, we want this to be a constructive process and to produce results that can be implemented. We want the profile of dialogue, its content and framework, to guarantee sustainability. We do not want to reach a point where first we talk and reach agreements in Brussels and then to have to sit down again and discuss how to implement these agreements. Instead we want to reach agreements that can be implemented without any problems.

Bearing in mind that this process was launched earlier on, what areas do you think require a more speedy intervention at this point?

There are many issues at the technical level for which Tahiri travelled to Brussels. We will now take note of all these issues. We have also agreed to meet here and discuss the phases these issues have reached. There are agreements that were reached last year. Now we expect these agreements to be implemented, in particular the agreement on civil protection structures in the north, these structures will certainly have to be dissolved. As far as the Association of Municipalities is concerned, it needs to be clearly defined and then implemented, but the implementation needs to be done in line with the laws and Constitution of Kosovo.

Do you expect challenges regarding the judicial system in the north, because there is a parallel judicial system functioning there?

I think the international community represented in Kosovo too can be engaged in the judiciary. In my meetings with foreign ambassadors and the OSCE mission in Kosovo, everyone expressed their readiness and interest to support us in this respect and to functionalize courts in the northern part of the country, in line with the laws and the Constitution of the Republic of Kosovo. I think this will be a challenge, but it is a very important step.

Mr. Prime Minister, in addition to dialogue with Serbia, international diplomats have constantly mentioned Kosovo’s obligation to establish the special court for war crimes. Do you think drafting the legal infrastructure and then making the decision to establish this court will be a challenge?

I do think it is a challenge because it is not easy to do all this. But I think that we have already overcome part of this challenge in Parliament because we have the legislative’s consent to establish the special court. Now the necessary legislation and other documents about the court need to be adopted in Parliament. I know that the law is being drafted and when it is ready the government will discuss on it. I hope the government will adopt it and send it to Parliament, and then Parliament will certainly adopt the law. This is a challenge because for the first time a court outside the country will address actions mentioned in Williamson’s report. This is a challenge that we, the government and the people of the Republic of Kosovo, need to accept.

Do you expect any resistance toward cases that will be addressed by the court?

I think there should not be any resistance and I do not expect any. The best thing is for certain cases to be tried and resolved so that they do not remain a burden for internationals and locals over the actions of certain individuals. I think this would also contribute to people who may be approached by this court; it will also be a contribution for Kosovo so that we can address and resolve these cases regardless of possible consequences for certain individuals. If punishable and unacceptable actions were committed, then certainly everyone should be held accountable for their actions regardless of the time when such actions may have been committed.

You have taken up the post of Prime Minister at a time when there are growing numbers of people fleeing Kosovo. What can your government do to restore people’s faith to remain in Kosovo and not to view illegal immigration as a solution?

I think it is our duty, not only the government but all institutions and civil society, to create an environment and a conviction that people should not seek salvation or solutions outside Kosovo. We have made this state in order to create good living conditions and jobs for the people here. In our government programme, we have decided to give top priority to economic development and new jobs. Another priority is the rule of law and the fight against organized crime and corruption. We will do our best in the area of economy, in attracting foreign investments, in subsidizing the agriculture and other branches where we can create more jobs more quickly in support of local businesses – small and medium enterprises – so that they can be more competitive in the local and foreign market. We also need to make it clear to the people that they cannot seek salvation in Austria, Hungary, Germany, Switzerland or in Nordic countries, because no one there will grant asylum to our citizens. Our citizens are only spending money and the only ones benefiting from this are the mediators. We are well aware of the problems faced by our citizens but we are also aware that leaving the country is not the solution.

But how can you stop the immigration trend – certainly not by using force?

We cannot stop it by using force. Certainly all ministries need to do their job. The Ministry of Interior Affairs is working on coordinating all activities with international partners. But in no way will it use force because there is freedom of movement for the people and we cannot act illegally or arbitrarily toward this. I also think that there should be more through the media and institutions to provide additional information to people who think about leaving. This does not include only people who want to leave today and seek jobs abroad, there are also people who are employed in the private or public sector, but they still want to use the same channels to leave the country. I think that visa liberalization too can help solve this problem because we are the only isolated in Europe.

Are Kosovo institutions capable of meeting the requirements for visa liberalization. We heard the President’s speech to Parliament, she said Kosovo has yet to meet all requirements coming from Brussels?

I think it is difficult to meet all the requirements. Other countries too have yet to meet all requirements. But some of these were tolerated because it was considered more important to include these countries rather than leave them isolated. I think we should be asked to meet the requirements that we are capable of meeting. This government will do its best to meet the requirements coming from the European Union. We also want some understanding from the EU and to help us overcome this phase so that we can start solving problems.

Your government, same as previous governments, includes representatives of the Serbian List that was formed by Belgrade. Do you expect the Serbian List to have a constructive approach on decisions related to the formation of the Kosovo Armed Forces and on similar issues?

I think it is good that they are part of the government and that they have joined the institutions of the Republic of Kosovo. I also think we all need to be more careful toward them so that we do not push them away. We should also not make overly negative assessments of them as this will make our cooperation with them more difficult. In my meetings so far with the Serbian List, namely with their ministers and the deputy prime minister, I have noticed a constructive approach and they are interested in becoming part of the solution-finding process. We cannot make them speak like we do or think like we do, but it is important that they are part of Kosovo institutions and they will be part of the decision-making process. In this process, every one of them, as members of the Parliament of the Republic of Kosovo, will decide according to their individual positions. I cannot say that they will not be influenced by Belgrade too, but there are certain issues that we can resolve together with them. There are some issues that we need to discuss together, they include the Law on the Armed Forces and other relates related to communities. Despite challenges that we may face, I am confident that it is a positive development that they are part of the government and the parliament of the Republic of Kosovo. This is the first time that our parliament and government has representatives from the whole territory of Kosovo, including the northern municipalities with which we have always had problems.