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Visa Liberalization for Serbian Passport Holders in Kosovo: Addressing Disparities in Travel Rights

Ilustrimi nga: BigEye

Visa-free travel for Kosovo passport holders entered into force on January 1, 2024. Now, both Serbian and Kosovo citizens have the right to travel freely for tourist purposes. However, visa-free travel does not apply to Kosovo Serb passport holders, creating an inequality in treatment. 

In 2009, when visa-free travel to Schengen member states was granted to Serbian citizens, an important condition was imposed: The visa-free regime did not extend to holders of Serbian passports residing in Kosovo.

To meet this requirement, Serbia established the Coordination Directorate, a body tasked with issuing passports to Serbian citizens residing in Kosovo. It’s important to note that these citizens are not exclusively ethnic Serbs, but also Albanians, Roma and Gorani, among others. 

The exclusion of Serbian passport holders in Kosovo from the visa liberalization mechanism is because Serbia does not control nor have jurisdiction in the north of Kosovo, and cannot provide security guarantees for holders of these passports. 

According to the most recent data from the Serbian Ministry of the Interior, the number of people who hold a Serbian passport issued by the Coordination Directorate is around 97,000. However, according to a report by European Parliament (EP) rapporteur Matjaz Nemec, the estimated number of those with this type of passport is 18,000.

This discrepancy in data can mean two things. First, there is a number of Serbs in Kosovo who have, in the meantime, switched their Serbian passports to Kosovo ones, and two, there are at least 18,000 people who either cannot or do not want to switch passports. 

The decision by the European Parliament and the Council of the EU to enable free travel only to holders of Kosovo passports put Serbian passport holders in Kosovo in a precarious position.

First, they are the only community in the Balkans without visa liberalization, which raises concerns of discrimination. Second, since the visa liberalization for Kosovo has come into effect, embassies of EU member states have closed their consular sections responsible for issuing Schengen visas. This means that it is practically impossible for Serbian passport holders to obtain a visa to travel to the EU within Kosovo. 

There are two main arguments to resolve this situation. The first argument is an easy one. People who reside in Kosovo should obtain a Kosovo passport, which is the simplest way to resolve the problem. This is also the official position of the Kosovo government. 

The second perspective argues that holders of Serbian passports residing in Kosovo should now be allowed to travel freely without the necessity of replacing Serbian passports with Kosovo ones. But the Kosovo government strongly objects to that. According to the Kosovo government, allowing this will prohibit the integration of Kosovo Serbs into Kosovo institutions. 

However, most Serbs in Kosovo who have Serbian passports still have Kosovo identification cards, pay taxes in Kosovo and obey Kosovo laws.

Nevertheless, there is a significant portion of Kosovo Serbs who do not possess a Kosovo identification card or citizenship, nor can they obtain it for various reasons. These are usually technical-administrative obstacles arising from the fact that Kosovo does not recognize decisions and rulings from Serbian institutions. 

Thus, decisions from courts, social work centers, cadastres, civil registries, etc., which are essential for proving residence and obtaining citizenship, are considered invalid. Consequently, some people cannot obtain a Kosovo passport, and their only hope for visa-free travel goes through passports issued by Serbia’s Coordination Directorate office. 

The third group of people consists of those who have residency in Kosovo (before Kosovo declared independence) but are temporarily working or studying in EU countries or elsewhere in the world. They also do not have the right to a Kosovo passport, nor to a regular Serbian passport and are forced to use passports issued by the Coordination Directorate office. 

Thus, considering the complexity of the problem, the EU has ultimately opted to lift the visa regime for Serbian Passport Holders in Kosovo. Beyond technical problems, a crucial reason for this decision is to avoid discrimination and achieve full visa liberalization for all people in the Balkans, signaling the EU’s inclusivity. 

The European Parliament (EP) has recently adopted a bill that exempts visa requirements for Serbian passport holders in Kosovo. The final remaining step now lies in the Council of the EU to confirm the EP’s decision, after which holders of Serbian Coordination Directorate passport will be able to travel freely to the EU.

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