In response to a formal request, received by last year’s end from Kosovo Foreign Minister, H.E. Mr. Skënder Hyseni, to establish diplomatic ties between Priština and Podgorica, today, this Friday January 15, 2010, the Minister for Foreign Affairs of Montenegro, H.E. Mr. Milan Roćen, announced by press release to have sent a positive reply to his counterpart constituting an agreement on the establishment of diplomatic relations between Montenegro and the Republic of Kosovo. In the natural continuity of the Decision issued by the Government to recognise the independence of Kosovo on October 9, 2008 [1] — one day after the United Nations General Assembly accepted Serbia’s draft resolution to place the case of Kosovo’s independence to the International Court of Justice (ICJ), this new step forward in the countries’ relationship will now provide a formal framework for reinforcing the climate of both traditional respect and reciprocal trust, and for concrete direction to bilateral relations in a wide range of areas, in order to promote a new politics of the common good, for the strengthening of regional stability and the quickly achievement of Podgorica and Priština’s common European and Euro-Atlantic goals.

In his diplomatic note, Minister Roćen pointed out that he completely shared both the opinion of his counterpart and his colleagues within the Montenegrin Government that relations between the two countries have a good future and a good potential. He also emphasized that Podgorica has been sensitive to the words of Foreign Minister Hyseni on the understanding of the needs of the Montenegrin national community living in Kosovo, and expressed his expectation that its position will be resolved on a permanent basis within the Kosovar legal system, in the meantime of preparation for the diplomatic staff’s exchange.

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N.B.: Since July 2008, Montenegro recognises Kosovar travel documents.
Alongside its partners, France, Germany, Greece (Government Karamanlís), the United Kingdom and the United States of America, Montenegro pressed for Kosovo’s membership in the International Monetary Fund (IMF), and has supported its full membership in the World Bank. On June 29, 2009, a little more than a year after declaring independence, Kosovo joined the IMF and the World Bank, becoming the 186th Member of the sibling multilateral institutions.

Background
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After a considerable internal debate on the right time when Montenegro should establish diplomatic ties with Kosovo, the issue, as well as the terms of its public announcement, was drawn up at a collegial meeting of high state officials on Wednesday January 13, by compromise between T.Exc. the State President, Mr. Filip Vujanović, on one hand, and the President of the Parliament, Mr. Ranko Krivokapić, the Prime Minister of Montenegro, Mr. Milo Đukanović, and Foreign Minister Roćen on the other hand.
Because earlier, the Serbian Government requested Podgorica to postpone its decision to establish diplomatic relations for a few months — until the International Court of Justice (ICJ) comes to a conclusion on whether Kosovo’s declaration of independence was in line with international law, Parliament President Krivokapić, Prime Minister Đukanović and Foreign Minister Roćen advocated the point of view that there was no reason to further delay the next and natural step after the recognition of Kosovo’s independence, all the more because the advisory opinion requested from ICJ is only a bilateral issue between Belgrade and Priština with no binding effect on third parties, which should not interfere either with Montenegro’s multilateral foreign policy nor with the Nation’s supreme interest as sovereign and accountable regional partner of both the European Union and NATO, and all those, in the International Community, involved in the stabilisation of the whole region.
As for him, President Vujanović argued apparent concern for the return of Kosovar refugees from Montenegro [2] and, mainly, for securing the position of the Montenegrin national community living in Kosovo [3], making of the resolution of the latter outstanding issue a precondition for appointing a Montenegrin ambassador to Priština and accepting the letters of credence of a Kosovar ambassador to Podgorica (Art. 95 of the Constitution on the Presidential prerogatives). Yugo-nostalgic and strong pillar of support for the Belgrade-Moscow axis in Montenegro, who stands his popular legitimacy of his closeness with the Serbian Orthodox Church and its Head, H.Em. Metropolitan Amfilohije Radović, the State President could not prevent the establishment of diplomatic relations between Montenegro and Kosovo — an issue of the Government’s responsibility (Art. 100 of the Constitution) — but, by blocking the reciprocal exchange of ambassadors, undoubtedly rendered a “friendly and proud” service to the Serbian authorities to be used to disparage the Government’s decision and to reduce the international scope of this major event, Montenegro being the last of the countries of the Western Balkans, except Bosnia and Herzegovina with its two conflicting entities, to secure Kosovo’s independence by establishing formal diplomatic relations.

At present, the Republic of Kosovo has been formally recognised as a sovereign and independent state by 65 out of the 192 Member Countries of the United Nations [4], plus the Republic of China (Taiwan). Notably, a majority of Member States of the European Union (22 out of 27) and NATO (24 out of 28) recognised Priština’s declaration of independence; Kosovo is also intended to be recognised by eleven additional countries, as publicly announced by their respective governments or diplomats [5]. Through formal recognition or through supporting Kosovo joining the IMF/World Bank, Kosovo’s independence has been de facto endorsed by 144 nations.

Seventeen countries have already opened resident embassies in Priština [6], when a number of others have established, on a resident basis, either liaison offices (Greece, Japan, Luxembourg, Macedonia, Malaysia, Romania, Saudi Arabia, Slovakia, Sweden, ...) or diplomatic/representative offices (Belgium, Denmark), or have accredited to Priština, or are in process to do it, a non-resident ambassador (Australia, Canada, Estonia, Luxembourg, Ireland, Hungary, Latvia, ...).

Until now, the Kosovar Government has opened fourteen embassies abroad, in Albania, Austria, Belgium, Bulgaria, Croatia, France, Germany, Italy, the Netherlands, Slovenia, Switzerland, Turkey, the United Kingdom and the United States of America.

Lastly, on Wednesday December 9, 2009 at the Peace Palace in The Hague, Netherlands, the French Delegation headed by Mrs. Edwige Belliard, Director for Legal affairs at the French Ministry for Foreign and European Affairs, and Mr. Mathias Forteau, Professor at the Université Paris Ouest Nanterre-La Défense, presented on the seventh day of debates before the fifteen judges of International Court of Justice, the arguments of France in favour of Kosovo’s independence, notably pointing out that “there is no rule under which the Kosovo’s independence declaration would violate international laws,” and “secession does not go against international laws and the Court should refuse to take a stance on the issue.” The question of the declaration’s legality would “not have any practical effect” since “Kosovo independence is the reality!” Mrs. Belliard also added that the declaration “does not violate the principle of protection of territorial integrity,” because this principle “only applies to relations between countries.”

“Kosovo” Advisory Proceedings: Full transcript in French of the hearing of Mrs. Belliard and Mr. Forteau, December 9, 2009