TRUTH ABOUT KOSOVO AND METOHIJA

Federal Ministry of Foreign Affairs
Belgrade, October 1995

C O N T E N T S

1. History
2. The Importance of Kosovo and Metohija
3. Demographic Changes
4. The Constitutional Status of Kosovo and Metohija
5. The Current Situation in Kosovo and Metohija
6. Human and Minority Rights
7. The Strategy of Albanian Separatists
8. The Policy of Albania
9. The Policy of the FR of Yugoslavia

1. History

The name of Kosovo and Metohija appeared for the first time in the XII century as a region settled by Serbs. The Serbs had come to the Balkans at the end of the VI and the beginning of the VII centuries, while Byzantine historians recorded their presence as an organized people in the area as early as the IX century.

The name of Kosovo is derived from the Serbian name for blackbird ("the land of blackbirds"), while the name of Metohija is of Greek origin and denotes a monastery estate (the region in which the Serbian Patriarchate and old monasteries are located many of which are under UNESCO protection).

The historical, geographical, cultural, spiritual, topomastic and other facts provide ample evidence that the area of Kosovo and Metohija has been the cradle of the culture and State of the Serbian people even since the Slavs came to the Balkans. The area of Kosovo and Metohija entered the Serbian medieval State (IX-XIV centuries) when numerous churches and monasteries were built, as well as bishoprics (Prizren 1019) and bishopric residences. The Metohija town of Pec became the seat of the Patriarchate between 1346 and 1459 and between 1557 and 1766. The most important cultural and historical assets are the monasteries of Gracanica (1321), Bogorodica Ljeviska, the Patriarchate of Pec and Visoki Decani, as well as the remnants of the medieval towns of Novo Brdo, Zvecan or Dusanov Grad. The treasures of the monasteries of Decani, Gracanica and the Patriarchate of Pec contain over 300 very precious manuscripts and printed books, 100 items and over 100 metal and textile items from the period between XII and XVIII centuries.

That the Serbian medieval State was at a very high level of development is testified also by the fact that 2 000 people lived in London at that time, while Novo Brdo had 40 000 inhabitants, many of whom were miners and artisans. Many foreigners, including the Saxons, lived in Novo Brdo. The Serbs were defeated by the Turks in the Battle of Kosovo in 1389 which ushered in a centuries-long Turkish occupation. This was the time of economic stagnation, Islamization, Serbian migrations and the settlement of Turks and Albanians. Because of the terror and forcible settlement of Muslim Albanians during the time of the Turkish occupation, the Serbs were abandoning the region of Kosovo and Metohija in a continuous stream.

The Battle of Kosovo has become a symbol and ethical imperative of the struggle for freedom and independence in the Serbian national consciousness.

After the five centuries of the Turkish rule (until the First Balkan War of 1912), Kosovo and Metohija was reunited with Serbia. During World War Two, 1941-1945, Kosmet was occupied by Italy and Germany. Accordingly, Kosovo and Metohija has always been an integral part of the Serbian State, i.e. of Yugoslavia, except at the time of Ottoman and Fascist occupations. The deliberate policy of a forcible expulsion of Serbs continued also during German and Italian occupations.

2. The Importance of Kosovo and Metohija

Kosovo and Metohija (10 806 sq.km.) is of great geostrategic importance for Serbia, i.e. the FR of Yugoslavia. Many non-regional powers, such as Turkey, Austria-Hungary or Italy, demonstrated their imperialist designs towards Kosmet throughout history. Kosmet and the Raska region (Sandzak) represent a natural link between Serbia and Montenegro, whose unity has always been a thorn in the flesh of many foreign powers.

The independent State of Albania was created by the London Treaty of 30 May 1913 at the ambassadorial conference in London. This was done at the request of Austria-Hungary and Italy, supported by Germany, and against the interests of Serbia, supported by Russia and France. Although the Serbian army liberated the main Albanian port of Dures from the Turks in 1913, Serbia did not seek to annex the northern part of Albania and requested only a passage to the sea instead. Austria- Hungary requested not only the creation of independent Albania but also, and above all, the withdrawal of Serbia from the Adriatic coast. Austria sought to keep Serbia economically isolated without a passage to the sea. After the annexation of Bosnia-Herzegovina by Austria in 1908, Serbia and Austria-Hungary were engaged in a customs war as Austria-Hungary wanted to prevent Serbia's exports to the West at any cost. Yugoslavia, as the successor State of Serbia, did not request division of Albania and acquiesced to the re-establishment of autonomous Albania also after World War One. The border between Serbia and Albania, established by the London Treaty, is the oldest Yugoslav border in the area. However, in 1939 Italy used Albanian King Zogu to weaken Yugoslavia. Albania and Italy created and supported the so- called "Albanian question", not in the territory of Albania but in the territory of Yugoslavia, in Kosmet. To effect secession and carry out the terrorist struggle of the Albanians, systematically encouraged and paid by Italy, the so-called "Kosovo Committee" was established in Rome which requested for Albania the entire territory from Bar to the Serbian border from 1912.

In the period of the fascist occupation of Yugoslavia, 1941-1945, the greatest part of Kosmet was annexed to the so- called Greater Albania, established by Italy as a puppet State and the smaller part of it remained under the German occupation of Serbia.

Notwithstanding considerable natural resources, Kosmet has been one of the least developed parts of Yugoslavia over decades. Beside the mine and melting plant of Trepca, few mills, sawmills and brick factories, there was no industry in Kosmet before World War Two. Almost one hundred per cent of the entire population was employed in the agriculture of the extensive type.

The enormous investments by Yugoslavia and Serbia in the economy of Kosmet, especially through the Fund for the Accelerated Development of the Underdeveloped Regions, brought about significant prosperity of industry, agriculture and social services. Natural resources, especially minerals, are a very important component for the development of Kosmet. Large quantities of lead and zinc and other metals and non-ferrous metals (nickel, manganese, magnesium, bauxite, cadmium, chromium, selenium, bentonite, asbestos, marl, lime, quartz, etc.) are a very important economic potential. In the conditions when the energy and commodity crisis are becoming ever more evident all over the world, large deposits of lignite enable the production of electrical energy, gas, development of chemical industry and etc. There are a number of larger factories in Kosmet and the thermo-energy production capacities amount to 1 130 MW.

3. Demographic Changes

The demographic picture of Kosmet changed several times in this century under the influence of deep socio-economic changes, political upheavals and disturbances as a result of the liberation struggle of the Serbian and Montenegrin peoples against the Ottoman Empire and the Axis powers. During the five centuries of the Ottoman occupation, through the policy of pressure, Turkey influenced the exodus of the Orthodox Serbs and Montenegrins from Kosmet and the settlement of Muslim Albanians from the mountainous regions of Albania. In this way, the ratio between the Serbian and Montenegrin and Albanian populations was disturbed. In 1929, the population ratio in Kosovo and Metohija was 61 per cent Serbs and Montenegrins and 39 per cent others. After the defeat of the Kingdom of Yugoslavia in 1941, Serbs were forced to leave Kosovo under the pressure of Albanian chauvinists and the occupation authorities. Alongside, the expulsion of the Serbian and Montenegrin population, Kosmet was being settled by the Albanians from Albania and Turkey, as well as from other European countries (Italy, Switzerland, Austria) in which Albanian political emigres had lived. The agrarian reform from the time of the Kingdom of Yugoslavia was annulled by the order of the administrative authorities and the occupation regime in Kosovo and Metohija and the land was distributed exclusively to Albanians, many of whom were the settlers from Albania.

Only during World War Two, about 100 000 Serbs and Montenegrins were deported from Kosovo and Metohija and about the same number of Albanians from Albania was settled on their estates. After World War Two, the then Yugoslav regime banned 1 683 Serbian families who wanted to return to their ancestral homes to do so, while 220 000 Serbs and Montenegrins were expelled in the period between 1968 and 1988. Over 700 settlements became ethnically pure in this period.

The upward trend of the Albanian population was maintained until 1961 when the census recorded 646 605 Albanians or 67.1 per cent of the overall population of Kosovo and Metohija. After 1961, the then balance in the demographic growth changed dramatically. 916 168 Albanians were registered at the 1971 census accounting, already at that time, for 73.7 per cent of the Kosmet population. The number even increased at the 1981 census when the number of Albanians grew to 1 226 736 or 77.48 per cent of the overall population. The data for 1991, derived on the basis of the estimates of the Centre for Demographic Research, since the Albanian community boycotted the census, testified to the continued great increase of the Albanians which reached the figure of 1 607 690 or 82.2 per cent of the overall population of Kosovo and Metohija, i.e. about 16.5 per cent of the population of the Republic of Serbia.

It is obvious that there was a progressive growth of the Albanian population in the 1961-1991 period. The Serbs and Montenegrins experienced a reverse process, so that their number decreased not only in relative but also in absolute terms. There were 264 604 or 27.40 per cent of Serbs and Montenegrins in Kosovo and Metohija in 1961, while in 1991 their number fell to 214 555, i.e. to 11 per cent of the overall population of Kosovo and Metohija. Throughout the last 50 years, the Albanian separatists put pressure on the Serbian and Montenegrin population to leave Kosmet using various forcible methods. After World War Two, the authorities of new socialist Yugoslavia adopted the Law banning return to the Serbs and Montenegrins who left Kosovo in order to strengthen confidence of the Albanian national minority in the new regime. Albanian separatists compelled the Serbian and Montenegrin owners of land, houses and other property to leave Kosmet by threats, blackmail, arson, physical harassment, destruction of Serbian graveyards and cultural monuments, killings and rapes, as well as by other criminal acts. The Albanian separatists were the first to resort to the policy of ethnic cleansing in Yugoslavia in order to create an ethnically pure area for the creation of the illegal "Republic of Kosovo". According to the available data, about 400 000 Serbs and Montenegrins left Kosovo and Metohija in this way in the last 40 years.

4. The Constitutional Status of Kosovo and Metohija

The Constitution of the SFR of Yugoslavia of 1974

The post-war Yugoslavia was established on the federal principle as a State community of peoples with the same rights and all national rights of national minorities. By the Constitution of the FPR of Yugoslavia from 1946, Vojvodina was granted the status of a province, primarily for historical reasons, and Kosovo was granted the status of a region ("the Autonomous Region of Kosovo and Metohija"). The difference in the status of Vojvodina and Kosmet, expressed in the names of "Province" and "Region" was maintained until 1963 when the term of "Autonomous Province" was introduced.

By the adoption of the Constitution of 1974, the structure of the government in the Autonomous Provinces became identical with the one in the Republic of Serbia which meant that the Province of Kosovo and Metohija had the prerogatives of a State within a State. As decisions at the federal level were taken by consensus, in addition to the votes of six republics, the agreement of the two Provinces was also always requested. It was a paradox that the two Provinces often voted against the position of "their State" - the Republic of Serbia - the integral part of which they formally were. It was a political and legal absurdity that, in addition to the Constitution of the Republic of Serbia, the Provinces had also their own Constitutions. By Article 280 of its Constitution, the Autonomous Province of Kosovo and Metohija was de facto on a par with the Republic and even had a right to conclude international agreements in the field of international political, economic, cultural and other cooperation. This accounted for the development of the years-long unilateral cooperation of Kosmet with the Albania of Enver Hoxha (exchange of visits, lecturers and books, the result of which was the separatist indoctrination and subversive activities against the SFR of Yugoslavia).

The political representatives of the Albanian national minority occupied the highest ranking positions in the State, Party and other collective organs. Prominent politician Sinan Hasani, member of the Albanian national minority, was the President of the Presidency of the SFR of Yugoslavia from 15 May 1986 to 15 May 1987. The Provinces though were denied the right to self-determination which was reserved for the constituent peoples of the SFR of Yugoslavia.

However, even this high level of autonomy and national rights was not sufficient for Albanian separatists. In 1981, they organized a destructive separatist rebellion the main slogan of which was "Kosovo- Republic" (separatist demonstrations were repeated on several occasions until 1989). The slogan "Kosovo- Republic" constitutes the basic strategy of Albanian separatism - the transformation of the Autonomous Province of Kosmet into a republic which would have the right to secession and subsequently to the annexation by Albania. The Albanian separatist leaders in Kosmet are not interested in the rights of national minorities at all, even less in human rights and fundamental freedoms, but are requesting openly and unequivocally an independent State. It is widely known that international documents do not grant national minorities the right to establish their own States from a composite State. If the Albanian nationalists had their way it would result in the existence of two parallel Albanian national States and would lead to the break-up of the territorial integrity of the FR of Yugoslavia.

The Constitution of the Republic of Serbia of 1990 and the Constitution of the FR of Yugoslavia from 1992

The new Constitution of the Republic of Serbia was adopted in 1990 by all legal institutions of the system with the participation of the legitimate representatives of the Albanian national minority. It overcame the paralysis of the Republic of Serbia which until that time had functioned as a State composed also of two quasi-States. The Constitution from 1990 granted the territorial and cultural autonomy to Vojvodina and Kosovo and Metohija, but without attributes of State (Articles 108-112). They have the right to regulate the questions of economic development, finances, culture, education, information, the use of language, health and social protection, etc. The Statute is the highest legal act of the Autonomous Province and its authorities are the Assembly, the Executive Council (government) and the administrative organs. (By the document of the second meeting of the CSCE Conference on Human Dimension, Copenhagen, 1990, members of national minorities are granted only the right to establish local or autonomous administrative organs.) By its Constitution, the Republic of Serbia has ensured the highest level of autonomy for Kosmet and Vojvodina, envisaged in international documents ratified by Yugoslavia and correspondent to the national interest of the State of the Serbian people, as well as to the historical, cultural and territorial rights of minorities. According to the said CSCE document from Copenhagen, members of national minorities have the obligation to be loyal to the State whose citizens they are (Article 37).

The Constitution of the FR of Yugoslavia, promulgated on 27 April 1992, guarantees full equality to all citizens irrespective of their nationality, language, religion, political or any other belief. The policy of national equality is the basic political and constitutional principle of the FR of Yugoslavia in which one third of the population represents national minorities. Therefore, out of 144 articles of the Constitution of the FR of Yugoslavia, one third of the articles is related to the rights of members of national minorities and to human and civil rights. Articles 46 and 47 are specifically related to national minorities and provide them the right to education and information in their mother tongue, as well as the right to establish educational and cultural organizations and associations. In accordance with the conviction of the FR of Yugoslavia that national minorities are the bridges of goodneighbourly cooperation, Article 48 guarantees the right to national minorities to maintain international relations in the FR of Yugoslavia and outside its borders with the members of their nation in other States and to participate in international non- governmental organizations, but not to the detriment of the FR of Yugoslavia or one of its republics.

5. The Current Situation in Kosovo and Metohija

The Republic of Serbia is a democratic State of equal citizens living in it, based on human rights and fundamental freedoms and on the rule of law. It is not a national State of the Serbian people alone and national minorities, i.e citizens, realize in it their civil sovereignty, equality before the law and enjoy full equality. The territory of the Republic of Serbia is indivisible and inalienable (Article 4 of the Constitution) wherefore the act by which the Albanian secessionists, proclaiming the non-existent "Republic of Kosovo", are trying to separate Kosmet from Serbia and proclaim it a part of a new State, is unconstitutional. In accordance with its constitutional and legal obligations, as well as in the spirit of Articles 37 and 40, para. 2, of the document of the CSCE Conference on Human Dimension in Copenhagen, United Nations Charter and the Paris Charter (Annex I/6), and with the aim of preventing the activity of Albanian separatists, protecting the territorial integrity and eliminating discrimination against the other population of Kosmet, the Republic of Serbia suspended the Assembly and the Executive Council of Kosmet for a certain period of time but not the constitutional category of autonomy itself. It subsequently abolished these laws as well, so that the "repressive laws", as they are called by separatist leaders, no longer exist. Thus the conditions have concurred for the members of the Albanian national minority to elect their political representatives in legal, democratic elections and constitute the organs of the autonomous province.

Part of the members of the Albanian national minority in Kosmet refuses loyalty to the State in which it lives, refusing also under the pressure of its separatist leaders to use the basic democratic rights and privileges guaranteed by the Constitution. At the instructions of the leaders of the separatist movement, the members of the Albanian national minority boycotted all multi-party elections at the federal, republican, provincial and municipal levels from 1990 until today. From December 1990 to December 1993, three multi-party elections were held for the Assembly and President of the Republic of Serbia and two elections for the Federal parliament. By boycotting the elections of their own free will, the Albanians deprived themselves of the participation in the process of democratic decision-making in legal State institutions and the solution of questions in which they are interested within the legal political system. Had they taken part in the elections, considering their number, the Albanians would have had over 30 out of 250 representatives in the Republican Parliament, about 12 out of 178 in the Federal Parliament and about 80 per cent of MPs in the Provincial Parliament. It is quite clear that the members of the Albanian national minority would exercise practically all power in the province.

The members of the Albanian national minority also boycotted the 1991 census. They did so in order not to "recognize" the State whose citizens they are - the Republic of Serbia - and to continue the manipulations with the real number of the members of the Albanian national minority (according to statistical estimates their number should stand at about 1 600 000, while Albanian separatists allege that there are over 2 000 000 Albanians in Kosovo and Metohija).

By boycotting all fields of social life and by refusing dialogue with the official organs of the Republic of Serbia and the FR of Yugoslavia, the Kosmet separatists are trying to proclaim the illegal state of "the parallel system" as a fait accompli. However, the members of the Albanian national minority apply a selective boycott: all of them use the rights under the Law on the purchase of apartments, Decision on procurement, the right to passport, etc. There are problems to recruit the members of the Albanian national minority for judiciary and legislature, due to their boycott. The Albanians accept to work in first instance courts, since in order to be appointed to any other court they are required to take an oath and respect the law of the Republic of Serbia and of the FR of Yugoslavia.

Such behaviour is in violation of para 37 of the Concluding Document of the Second Meeting of the CSCE Conference on the Human Dimension, adopted in Copenhagen in 1990, as well as para 9 of the Preamble and Article 12 and 21 of the Council of Europe Draft Convention for the Protection of National Minorities. The above provisions deny the minorities any activity which is in contradiction with the principles of the United Nations Charter, the CSCE and particularly with the principle of the respect for the territorial integrity, the constitution and laws of the State in which the minorities live.

The national minorities in the FR of Yugoslavia enjoy all the rights according to the international standards. However, no international act guarantees the national minorities the right to self- determination, i.e. to secession. Accordingly, the Albanians constitute the majority population in Kosovo (app. 90 per cent), but they account for only 16.5 per cent of the population of the Republic of Serbia, and therefore constitute a national minority even under international standards.

In spite of the aforementioned circumstances, order and peace prevail in Kosovo and Metohija. The allegations of Kosovo separatists and some observers from the West concerned about the respect of human rights that the members of the Albanian national minority are subject to repression under the present regime. In this connection, the courts in some West European countries have lately passed decisions according to which alleged asylum seekers are allowed to return to Kosovo and Metohija in agreement with the Yugoslav authorities, because there is no persecution or torture there and the members of the Albanian national minority have a better standard of living and health protection than some tend to believe. Even the report of Amnesty International confirms that there is no mass persecution of the members of the Albanian national minorities.

6. Human and Minority Rights

The constitutions of the FR of Yugoslavia and its constituent republics include all norms of international law on human rights and freedoms. Unlike most of the countries which guarantee only individual rights, the Yugoslav constitution also provides collective rights for the national minorities, including broad territorial and cultural autonomy. It also contains the provisions of the Paris Charter of the CSCE concerning human rights, democracy and the rule of law which pertain to all citizens including the members of national minorities. The principles of Part IV of the Copenhagen Document of the CSCE Conference on the Human Dimension have also been incorporated, placing the national minorities in a democratic environment.

The Constitution of the Republic of Serbia guarantees all its citizens, as well as the national minorities, the right to work, education, culture, freedom of religion, public expression of opinion, on the footing of equality (Arts. 32, 41, 45). National minority members are entitled to freely express their national identity, use their language and script, as well as to be educated in their mother tongue in the areas in which they live. (Article 49)

Moreover, the Constitution of the FR of Yugoslavia guarantees the national minorities the right to preserve, develop and express their ethnic, cultural, linguistic and other specificities, as well as the use of their national emblems (Arts. 10 and 11).

In Kosovo and Metohija there are five active leading political parties whose members are exclusively Albanian minority (Democratic League of Kosovo, Democratic Christian Party of Albanians, Peasant Party of Kosovo, Parliamentary Party of Kosovo, Socialist Democratic Party of Kosovo). All these parties exercise their political activities both in the country and abroad, they have their own premises, and some even their own papers. Furthermore, there are several active social organizations in Kosovo and Metohija which are organized on the ethnic basis like the Union of Independent Trade Unions.

The members of the Albanian national minority are entitled to exercise all the above rights under the present Constitution, but under the pressure of their separatist leadership, they refuse to do so. Thus, in Kosovo and Metohija even children are used as an instrument to achieve the secessionist goals and human rights of the Albanian national minority members are being sacrificed.

a) Education

In accordance with the United Nations Convention against Discrimination in Education and in order to prevent and eliminate discrimination in education, the FR of Yugoslavia as a signatory to this document, guaranteed the members of the Albanian national minority the right to education in their mother tongue from kindergarten to graduate and post-graduate studies .

The members of the Albanian national minority are educated in their mother tongue in public premises. The Republic of Serbia has ensured all conditions necessary for normal operations of schools respecting the principles of international conventions. Presently in Kosovo and Metohija there are 1400 elementary schools, 57 secondary schools and the University consisting of 14 faculties. Teachers, the members of the Albanian national minority, use public classrooms and teaching aids and teach in the Albanian language, but refuse to receive their salaries from the Ministry of Education of the Republic of Serbia as this would imply their recognition of the State of Serbia. Some members of the Albanian national minority are professors (25) and students of the Pristina University despite of the Albanians' boycott of the University.

The members of the Albanian national minority boycott the legal education system from elementary school to university level although the lectures are taught in the Albanian language. The Albanian separatists have misused even children for political purposes, by favouring national indoctrination to modern qualified education. For political reasons only they refuse to accept the single educational system prevailing in the territory of the Republic of Serbia, the curricula adopted by the competent State organs, as well as the uniform system of school certificates and diplomas. There are no substantial differences in programmes since only four subjects are disputable: language, history, geography and music. All attempts at reaching an agreement, even with international mediation in Geneva, failed due to the obstructive attitude of the Albanian national minority: the Albanian separatists refused to submit their curricula to the Ministry of Education of the Republic of Serbia for verification. Notwithstanding, the Republic of Serbia earmarks substantial funds for maintaining and carrying out of education for Albanian national minority members.

Parallel education of pupils and students is being effected through illegal curricula, criteria and textbooks and diplomas are issued which are not, and cannot be, recognized either in the FR of Yugoslavia or abroad. This practice leads to the confinement of young members of the Albanian national minority into dogmas of extreme nationalism and separatism and arouses awareness that life together with the Serbs is impossible. The Republic of Serbia and the FR of Yugoslavia have manifested so far a high level of readiness for concessions in order to spare the Albanian children of the consequences of the irrational policy of the separatist leaders. The State organs have demonstrated readiness to recognize the school years in the illegal education system provided that the diplomas are issued by the competent organs of the Republic of Serbia, but even this was refused by the Albanian separatists. They persistently insist that school certificates and diplomas be issued by the illegal organs of the non-existent and unrecognized "Republic of Kosovo".

The boycott of the education system of the Republic of Serbia which guarantees and ensures the conditions for lecturing in the Albanian language prevents the implementation of Article 4 of the Declaration on the Rights of the Members of National, Ethnic, Religious and Language Minorities adopted by the United Nations General Assembly in 1992, whose paragraphs 3 and 4 provide the obligation of States to organize lecturing in the mother tongue for the members of national minorities living in their respective territories. Additionally, paragraph 4 provides that the members of national minorities should be granted adequate possibilities to acquire knowledge in the entire State in which they live, however this cannot be accomplished if they isolate themselves by boycotting the exiting educational system.

According to the data for 1990, out of the total of 37000 students members of the Albanian national minority 80 per cent studied at the Pristina University. At this University lectures were given in their mother tongue and more than 50 000 members of the Albanian national minority graduated there. According to the ratio between the number of population and the number of students, Kosovo and Metohija ranked fourth in the world (immediately after the USA, Canada and the Netherlands).

Pupils and students are flagrantly abused through political manipulations, i.e. the misuse of education of children and youth for the realization of separatist goals, which is in violation of the provision of Article 10, (protection of children from racial, religious and other forms of discrimination) - 1959 United Nations Declaration on the Right of the Child, as well as the provision of Article 12 (the right to the freedom of thought), Article 13 (the right to freedom of expression) and Article 15 (the right to the freedom of peaceful assembly) of the 1989 International Convention on the Right of the Child.

In 1992, the Government of the FR of Yugoslavia forwarded, within the framework of the Geneva Conference on Yugoslavia, the following proposal for resolving the problem of education in Kosovo and Metohija:

1. Reaching of an agreement which would fully guarantee, preserve and develop the cultural identity of the members of the Albanian national minority in the FR of Yugoslavia;

2. Re-employment of all ethnic Albanian teachers who wilfully abandoned their jobs (except a small number of those who committed criminal acts);

3. Recognition to ethnic Albanian students of two school years spent in parallel and illegal education system;

4. Giving lectures at all level in the existing State school premises, and

5. Recognition of the 1990 curriculum of the Republic of Serbia.

This proposal was recognized also by international factors: the three member mission of the Committee for the Elimination of the Racial Discrimination visited the FR of Yugoslavia in 1993 and proposed to the Committee, in its conclusions, almost identical measures. Unfortunately, the separatist leadership rejected this proposal and made the resolution of the problem impossible. There is also the question of the functioning of the education system, since if the citizens of the FR of Yugoslavia and the Republic of Serbia have the right under the Constitution to apply for a job in the entire territory of the FR of Yugoslavia on the basis of their school qalifications, including the ones of the Republic of Serbia, this should be based on at least an equal and unified programme of education.

Therefore, the allegation of Albanian separatists and some foreign factors that the FR of Yugoslavia denies the members of the Albanian national minority the right to education in their mother tongue is absolutely untrue.

b) Information

The Constitution of the FR of Yugoslavia guarantees the national minorities the right to public information in their mother tongue, and the Constitution of the Republic of Serbia guarantees each and every citizen the freedom to express his/her national affiliation and culture and the freedom to use their mother tongue and script. The laws regulating the right of the members of the Albanian national minority to information in the Albanian language are in full compliance with the OSCE documents.

Under the provisions of the Constitution of the Republic of Serbia and the Law on Public Information, in Serbia there is a large number of public media in the languages of national minorities (Albanian, Hungarian, Slovak, Romanian, Ruthenian, Ukraine, Turkish, Bulgarian and Romany). All the public media in the languages of national minorities are edited by the members of the respective minority and the funds for this are provided from the State budget.

Radio and Television of Pristina is broadcasting TV and radio programme in the Albanian language in addition to 6 local radio stations. 55 newspapers with an annual circulation of 21 million copies are published in the Albanian language in addition to 40 magazines with 300 000 copies per year (1).

Radio Pristina is broadcasting every day the programme in the Albanian language at the medium wave of 1413 khz (the relay power 100 kw) and 14 hours and 15 minutes or 855 minutes daily on the UKT band.

The 2 to 5 minutes news are being broadcasted every day as well as the 10 minutes News at Noon, the 20 minutes Events of the Day, the 30 minutes Evening News and 15 minutes Chronicle of the Day. This number of information programme fully meets the needs of the listeners in the Albanian language.

The programme "It Happened on the Present Date" is being broadcasted also every day, while the 30 minutes programme "Home and Family", 60 minutes programme for farmers, and 10 minutes sport programme is being broadcasted weekly. All kinds of music and songs in the Albanian or other languages take a prominent place in the programme schedule.

Every day, the Pristina Television is broadcasting 10 minutes daily news and 25 minutes Prime Time Evening News in the Albanian language. TV Pristina realizes daily 62 minutes programme in the Albanian language, i.e. 435 minutes per week or 22 655 minutes per year. The programmes in the Albanian language of the Radio and TV Pristina are being realized within the separate professional units like the programmes in the Serbian or Turkish languages, and these units are headed by chief editors in charge of special programmes.

c) Culture

Members of the Albanian national minority did not leave their jobs in an organized way in the institutions of culture of Kosovo. On the contrary, Albanians are employed in almost all institutions of culture while in many they constitute a majority. For example, in the Provincial Cultural Centre in Pristina, out of 8 employees only 3 are Serbs, while 20 out of 34 employees in the Museum of Kosovo and Metohija are Albanians. The Albanians account for the majority employees in the State Archives as well. In the Institute for the Protection of the Monuments of Culture of Kosovo and Metohija, out of 25 employees, 10 of them are Albanians.

The National Theatre in Pristina has two theatrical groups - The Serbian and Albanian Drama Sections, and the latter has a greater number of actors and a larger artistic and technical personnel. The same situation is in the theatre of young people and in the puppet theatre in Pristina and in the theatre in Djakovica which have a greater number of the members of the Albanian minority. These and other professional and amateur theatres perform not only in the Province but also as guests all over the country and abroad. The Albanian national minority has also its Section of the Academy of Sciences and Arts, associations of artists, writers and musicians and over 100 cultural artistic societies and 180 libraries with books in the Alblanian language.

(1) The newspapers in the Albanian language are the following: Zari, Bujku, Koha, Filizat, Dodona, Fjala jone, Shkendija, Fjala, Zeniti, Dituria islame, Kosovarja, Borta e re, etc.

The work and programme of these institutions are financed by the State. The same situation is in the protection of cultural monuments, irrespective of their national origin. In addition to these institutions and their activities the other institutions, such as the Writers' Association of Kosovo and a number of libraries, are independent. Even though they pursue nationalistic and separatist goals, these institutions continue to work unhampered in State-owned premises. The latest propaganda allegation, both by the Kosovo and Metohija separatists and by the authorities in Albania, that the Museum of the Prizren League has been turned into a shelter for Serbian refugees from Krajina is untrue; the Museum continues to be looked after as an historical monument by the Republic of Serbia.

d) Health Service

The high birthrate of the members of the Albanian national minority (2.9 per cent), the highest in Europe, has resulted in the three-fold increase of the number of inhabitants of this area in the last couple of decades. This high natural birthrate accounted to the change of the health situation in Kosmet both with respect to the ailing and the dying of the population. The high percentage of the young of 42 per cent of the 1-14 age group and 70 per cent of those under 30 years of age in the population structure causes a specific pathology of the ailing and mortality. The health situation of the population is characterized by a low general rate of mortality because of a high percentage of the young population and, on the one hand, a high level of mortality of the age group of 0-4 because of the non-implementation of the modern preventive measures, i.e. vaccination. Pristina (250 000), a hospital centre with 20 clinics and institutes, as well as a Faculty of Medicine, the Institute for Health Protection and the Institute for Blood Transfusion is the second largest medical centre in the country. There are also four other larger medical centres at Pec, Prizren, Gnjilane and Kosovska Mitrovica. 12 461 health workers are employed in these institutions, 66 per cent of them are Albanians. The health service of Kosovo and Metohija functions as part of the uniform system of health protection of the Republic of Serbia. The citizens of the province are guaranteed the right to health protection in the way as the citizens in other parts of the Republic, regardless of their religion, national belonging, sex, age, etc. Despite the successful development of the health service and the improvement of the health situation, there are indications that the quality of the work in the health service is under the level of the development and the professional medical standards recognized in the world.

By their principled position to render appropriate health protection to all who request it, the health workers create reliable basis for the return of mutual confidence of all citizens in this region. In addition to the difficulties in organizing health activities, many problems also arose due to the sanctions so that, unable to procure medical and other related supplies, health workers resorted to the most basic methods to prevent the spread of contagious diseases.

e) Employment

A great number of workers of Albanian nationality left arbitrarily their companies and State institutions at the instruction of secessionist leaders, which represented the gross manipulation and a political abuse of the constitutionally guaranteed right to work. The real goal of their leaving their jobs was to paralyse the economic life and affirm the claim that "Kosovo is not Serbia". The recently renewed production in the mining and metallurgical combine of Trepca and the return of large number of Albanians to work demonstrated that the right to employment is not being denied to Albanians. Out of 120 000 employees in the social sector, 60 per cent are Albanians.

By their boycott, the Albanians prevent the realization of Article 23 of the Universal Declaration on Human Rights, Article 6 of the International Covenant on Economic, Social and Cultural Rights and Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination.

Despite such boycotts, the Albanian population in Kosmet is in possession of 95 per cent of the capital of private companies, while the Kosmet illegal leadership imposed unlawful taxes of 3 per cent on all employed, out of which revenue it finances separatist and other activities aimed at undermining the constitutional system and destabilizing the Republic of Serbia.

f) Freedom of Religion

The Constitution of the Republic of Serbia guarantees all conditions for a normal religious life of the members of the Albanian national minority (Most Albanians are Muslims).

Religious rites are regularly performed by 476 priests in over 600 various places of worship, some of which have been built recently. Priests are schooled in the Albanian language in the Madrassah in Pristina. 200 students attend four classes. Members of the Islamic community acquire high religious education at the universities in the Arab and other Islamic countries. The Islamic community maintains contacts with Islamic communities all over the world as well as with Islamic international and other organizations. Believers from Serbia regularly go to the hajj and their number depends on the material capacities of the interested alone. The leadership of the Islamic community in the Republic of Serbia supported the policy of Albanian separatists whose aim is to break the territorial integrity and sovereignty of the Republic of Serbia. Part of the members of the Albanian national minority are Catholics and the Catholic church in Kosovo and Metohija maintains a normal communication with the State authorities with the Republic of Serbia.

7. The Strategy of Albanian Separatists

The Albanian separatists movement dates back to the XIX century, from the time of the creation of the so-called Prizren League. The Prizren League rallied around the most prominent Albanian intellectuals and politicians of that time who adopted the all-Albanian national programme: the unification of all Albanians in the then Ottoman Empire. During World War Two, the Albanians in the then Yugoslavia were in the service of German and Italian occupiers and established the so-called "Ballist Movement" which had as its aim the secession of Kosovo and Metohija from Yugoslavia and its annexation by Albania. The first important Albanian demonstrations in Kosovo and Metohija were held as early as 1968 and were condemned by all Yugoslav political structures of the time.

The main goal of Albanian separatists on which there exists "a national consensus" is to secede Kosovo and Metohija from the Republic of Serbia, i.e. from the FR of Yugoslavia, and the creation of an independent State of the "Republic of Kosovo". International circumstances permitting, this "Republic" would subsequently merge with Albania. This is what all the leaders of the Albanian separatist movement say without mincing their words: I. Rugova, N. Bakalli, A. Vllasi and others.

Proceeding from the contention that the Albanian in Serbia and Yugoslavia are "a people" and not a national minority and that they have a right to self-determination, in 1991 the Albanian separatists organized an illegal referendum, proclaimed the so-called "Republic of Kosovo" and "elected" Ibrahim Rugova as its president. Their separatist claims are based on the number of Albanians in Kosovo and Metohija which, they allege, gives them the status of "a people" and the Constitution of the SFR of Yugoslavia from 1974, but even that Constitution reserved the right to self-determination only for the constituent peoples of the former Yugoslavia. Therefore, the Kosovo and Metohija separatists and official Albania have embarked upon a propaganda campaign against giving temporary shelter to 7 000 out of 200 000 Serbian refugess from Krajin, alleging that it would disturb the present ethnic structure of the Province.

The insistence on the existence of the phantom "Republic of Kosovo" constitutes the most direct threat to the territorial integrity of the Republic of Serbia, i.e. the FR of Yugoslavia, and is a flagrant violation of the Charter of the United Nations and of the basic principles of the CSCE. The international activity of secessionist leader Ibrahim Rugova and others is aimed at internationalizing the question of Kosmet and ensuring support by influential factors for the creation of the independent "Republic of Kosovo". As the international community is not prepared to accept the secession of Kosovo and Metohija from Serbia, the secessionist leader Rugova insists that the Province be put under the trusteeship of the United Nations, which would be only the initial stage of its secession.

Speaking of the methods of activity of the Albanian secessionists, it should be said that they resort to threats (prohibition to children to attend regular school and the abuse of children for political purposes), blackmail (assessment of obligatory contributions for the functioning of parallel authorities), destruction of State and social property as well as of the cultural and historical monuments of the non-Albanian population, armed activities (11 policemen were killed, 40 wounded, 48 sustained grave bodily injuries and 906 light bodily injuries in Kosovo and Metohija from 1981 - 1991) and other method is narco-mafia, particularly the trafficking in, and distribution of, narcotic drugs by Albanians from Kosovo and Metohija in western countries

8. The Policy of Albania

Throughout the entire post-war, communist and post-communist period, Albania encouraged and supported the separatist aspirations of the members of the Albanian national minority in Kosmet. Interfering in the internal affairs of Yugoslavia, Albanian renders political and material support to Albanian secessionists and denies the territorial integrity and sovereignty of the Republic of Serbia and the FR of Yugoslavia. In that way, it seeks to realize the idea of Greater Albania of uniting all Albanians from neighbouring Balkan countries, including Greece and the FYR of Macedonia.

The Republic of Albania is the only country in the world which, violating the basic principles of the Charter of the United Nations and the CSCE Final Act from Helsinki, has recognized the non-existing "Republic of Kosovo". It did so by separate decision of the national Assembly of Albania of 1991 which recognition was confirmed by the present Albanian Government from April 1992. Contrary to the Vienna Conventions, Albania allowed the opening of the illegal "diplomatic representation" of the so-called "Republic of Kosovo" in Tirana.

Albania accords the separatist leaders from Kosovo and Metohija the treatment of legitimate representatives of the foreign State of the "Republic of Kosovo". Diplomatic missions of Albania to international organizations organize the visits and international activities of separatist leaders from Kosmet. Albania and Kosmet separatist leaders act jointly towards foreign factors, calling for the internationalization of the question of Kosmet and pursuing anti- Yugoslav policy in international fora.

Upholding the thesis that the existence of an inter-State border between two parts of the same people is unacceptable, Albania provokes incidents at its border with the FR of Yugoslavia. In an attempt to downgrade the importance of internationally recognized border, Albania increases tension on the border with the FR of Yugoslavia contributing, in that way, to the destabilization of the entire region of southern Balkans.

Albania denies the existence of the Serbian and Montenegrin national minorities (20 000) and the Goranci (25 000) and seeks to assimilate and denationalize them. Beside a years- long destruction of Orthodox churches, graveyards and historical monuments, Albania has recently begun to apply State terror towards the members of the Serbian and Montenegrin minorities, seizing their property and settling Albanians from other parts of Albania on their land. Albania also prevents education and information in the Serbian language and is trying to intimidate prominent members of the Serbian and Montenegrin minorities not to resist this most flagrant discrimination.

Albania stubbornly rejects all initiatives of the FR of Yugoslavia aimed at establishing dialogue and normalizing relations making them contingent on a prior solution of the "problem of Kosovo".

9. The Policy of the FR of Yugoslavia

The FR of Yugoslavia considers Kosovo and Metohija its internal question. It considers that all problems should be solved through a democratic dialogue between official representatives of Serbia and Yugoslavia and the representatives of the Albanian national minority. The condition is that the representatives of the Albanian national minority accept the existing, uniform constitutional system, the territorial integrity of the State in which they live and participate in the institutions of the political system. In this way, they will confirm their loyalty to the Republic of Serbia, i.e. the FR of Yugoslavia, to which they are obliged also by international norms.

The prospects for a common life of Serbs, Montenegrins, Albanians, Turks, Romanies and other ethnic communities in Kosmet is in the full national equality, equitable participation in the economic, political and cultural life. The legal framework for it are the Constitutions of the Republic of Serbia and the FR of Yugoslavia which guarantee to Kosmet territorial and cultural autonomy and provide the Albanian national minority all rights under valid international norms. The advocacy of the Kosmet separatists of the return to the Constitution from 1974 is unacceptable, because this would reproduce the existence of a State in a State.

The members of the Albanian national minority should join the economic and political life of the country in greater numbers and should return to their jobs, schools and the University. The education programmes must respect the unity of the Republic of Serbia, as well as the specific national and cultural needs of the Albanians, in accordance with the modern requirements of the Europe-oriented young generation.

The FR of Yugoslavia is willing to develop goodneighbourly relations with the Republic of Albania on the basis of equality and respect for sovereignty and territorial integrity and mutual benefits. This is in the interest of the peoples of the two countries and represents the basis of stability in the region. It is therefore necessary for Albania to re-examine its position on refusing dialogue and contacts at a high level (in the last two years, Albania rejected three official offers by the FR of Yugoslavia for a meeting of their Foreign Ministers). The peoples of the FR of Yugoslavia and the Republic of Albania are historically directed to a common life and the members of national minorities in the two countries should be a bridge of good neighbourly relations.

AIDE MEMOIRE

- Albania has again submitted a draft resolution on the human rights situation in Kosovo and Metohija to the Third Committee of the United Nations General Assembly. This is the continuation of the anti- Yugoslav activities, interference in the internal affairs of the FR of Yugoslavia, incitement of the Albanian national minority in Kosovo and Metohija to separatism and a manifestation of territorial claims against the FR of Yugoslavia. The real goal of Albania is the separation of Kosovo and Metohija from Serbia for the purpose of creating "Greater Albania". This is contrary to the principles of the Charter of the United Nations, OSCE and other international instruments protecting the territorial integrity of countries. The main objective of the resolution is to internationalize the question of Kosovo and Metohija and to support Albania in its aspirations.

- Such an activity of Albania is an attempt to discredit the constructive and peaceful policy of the FR of Yugoslavia, whose contribution to the achievement of peace settlement for Bosnia and Herzegovina at the Dayton negotiations was welcomed by the entire international community and rewarded by the suspension of sanctions. Such behaviour of Albania is also a source of danger in the Balkans.

- Albania does not recognize the existence of national minorities, violates the human rights of political opponents and has no regard at all for democratic judicial procedure. Because of that, it has been criticized by the European Union, United States of America and other countries, so that Albania is the least qualified country to raise the question of the human rights situation in the FR of Yugoslavia. Unlike in Albania, national minorities in the FR of Yugoslavia enjoy all the rights under the highest European standards.

- The Albanian draft resolution is replete with falsehoods and arbitrary accusations against the FR of Yugoslavia. What is happening in Kosovo and Metohija is not the violation of human rights, but separatism and the boycott of the legal institutions. The allegations of police repression, existence of political prisoners, dismissals of Albanians from civil service, persecution of political parties and their officials, harassment of journalists, muzzling of the media and the alleged ethnic cleansing are untrue.

- Only persons whose activities are aimed at undermining the constitutional order are detained in Kosovo and Metohija. However, political parties even with exclusive Albanian national minority membership are allowed to act freely. Many dailies and magazines are published in Albanian, the Pristina Radio and Television broadcasts regularly its programme in Albanian, Albanian students regularly attend elementary and secondary schools and the University in Pristina. The settlement of 7 000 Serbian refugees in Kosovo and Metohija after the Croatian aggression against the Republic of Serbian Krajina is the legitimate right of the FR of Yugoslavia. The Law on Citizenship is an internal matter of the FR of Yugoslavia and is equally applicable to all citizens of the FR of Yugoslavia, without any discrimination against the Albanian national minority. The real situation in Kosovo and Metohija is presented in the material entitled "The Truth about Kosovo and Metohija".

- In the resolution, the FR of Yugoslavia is once again accused, without any grounds whatsoever, of refusing to cooperate with the Special Rapporteur of the Human Rights Commission and the OSCE. The FR of Yugoslavia wishes to maintain good cooperation with the new Special Rapporteur and the OSCE as an equal partner. During her visits to the FR of Yugoslavia, Mrs. Elizabeth Rehn was assured that Yugoslavia is committed to objective information on the human rights situation in the FR of Yugoslavia.

- The FR of Yugoslavia considers that it should be enabled to return to the OSCE as early as possible, since the achievement of the peace agreement on Bosnia and Herzegovina and the suspension of sanctions against it have created all necessary conditions therefor.

- The introduction of the new resolution on Kosovo and Metohija in the United Nations General Assembly is another attempt at exerting additional pressure on the FR of Yugoslavia by Albania and the countries supporting it, which is unacceptable to the FR of Yugoslavia. The request for the discussion on Kosovo and Metohija in the United Nations is yet another attempt at destabilizing the FR of Yugoslavia, which threatens the achieved results of the peace process, the aim of which is to discredit the constructive and peaceful policy of the FR of Yugoslavia.

- The FR of Yugoslavia considers that the United Nations should not yield to the pressure of Albania and some other countries requesting the re-examination of the human rights situation in Kosovo and Metohija. The FR of Yugoslavia expects all friendly countries to oppose the adoption of the new resolution on Kosovo and Metohija and to condemn Albania's behaviour. Also, the FR of Yugoslavia expects the United Nations to support its return to the world Organization, since all conditions have been created by the adoption of the peace agreement on Bosnia and Herzegovina, to which the FR of Yugoslavia gave its enormous contribution.

Belgrade, 7 December 1995