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KOSOVO-METOHIJA - POLITICAL ASPECT OF THE PROBLEM
Slobodan Samardzic
Institute for European Studies, Belgrade, June 1995.
Kosovo-Metohija is one of the major enduring crisis spots in the
Balkans. The name of this province in Serbia and the Federal Republic
of Yugoslavia has become a negative symbol of the still unresolved
Serbian-Albanian dispute. There have been latent or manifest conflicts
between the two peoples throughout the 20th century. As the end of
this century draws near, the potential of the Serbian-Albanian
conflict is increasing, indicating clearly that problems have
accumulated instead of being resolved. The current state of "neither
war nor peace", with extremely unfavorable internal and external
determinants, does not promise the beginning of an irreversible and
lasting peaceful resolution. The problem is so sensitive politically
that any, however well-meaning, peace proposal easily produces effects
totally contrary to the desired ones. There seems to be no solution
for Kosovo-Metohija. All the approaches - practical-political as well
as intellectual, are faced with the damned-if-you-do-damned-if-you-
don't dilemma. Therefore, the author of this paper is fully aware of
its limitations.
Given the nature of the problem, this paper must have quite modest
goals. It will present the problem as it appears on its visible
political level. Being a part of a collective engagement, the paper is
limited by the topics of the other papers: a presentation of the
Albanian political scene in Kosovo-Metohija, the constitutional-legal
aspect of the problem and the human rights dimension. In other words,
the paper will present only official Serbian politics and the
opposition scene: the views and policies of government bodies in
Serbia and the Federal Republic of Yugoslavia (FRY), the programs of
the opposition parties and associations in Serbia and, finally, one
more advanced individual project. Realistic solutions to the problem
and their probable political consequences will be presented at the end
of the paper.
1. The approach and policy of government bodies in Serbia and the FRY
We will not delve into the history of the Serbian-Albanian conflict as
regards Kosovo-Metohija because such an approach would lead us to the
unanswerable question of the beginning of the conflict. We will focus
on the period from 1990 onward, as it seems sufficient for presenting
the current state of the problem in light of the subject of this
paper. In 1990 political pluralism became legal in all Yugoslav
republic. This process was paralleled by an accelerated disintegration
of the federal state. The manifest Serbian-Albanian conflict, which
had begun in 1981, gradually merged into the general interethnic
conflict within the federation as a whole.
After the passing of the amendments to the Constitution of the
Republic of Serbia, whereby its constituent provinces were stripped of
their constitutional power, while their legislative, administrative
and judiciary powers were curtailed (28 March 1989), the authorities
in Serbia tried to resolve the problem of Serbia's southern province
by presenting it as a matter of the legislative and executive-
administrative activities of Serbia's legal bodies. The normative-
institutional goals were to bring the provinces back into Serbia's
state framework as equal federal units and to redefine their
constitutional status by giving them the usual territorial and
political autonomy, such as they had from 1946 to 1968-1971. The
political goal of these activities was to prevent Kosovo's secession
and help the gradual return of Serbs to the province. The republic
assumed the powers which should ensure the achievement of these goals
- in the areas of public security, law, economic policy and regional
planning
- as well as some powers in the areas of education, media activity and
health care.
The Albanian population, organized as an all-encompassing national
movement, strongly resisted these actions by Serbia's government
bodies. Since 1990 the centre of this resistance has been the
Democratic League of Kosovo (LDK), founded late in 1989. Albanians
expressed their opposition to changes in the province's constitutional
status through numerous protests, demonstrations, strikes and
individual acts of violence in 1989 and 1990, trying to win the status
of a republic for Kosovo, as a further radicalization of the
province's constitutional status even in comparison to the 1974
Constitution. On the other hand, the process of redefining Kosovo-
Metohija's constitutional and legal status was accompanied by strong
police and legal repression by the Serbian state.
One of the key state documents from this period was the Programme for
Achieving Peace, Freedom, Equality and Prosperity in Kosovo, adopted
by the Serbian Parliament on 22 March 1990. In the name of its basic
goal - the peaceful coexistence of all ethnic groups living in Kosovo
(the document mentions Serbs, Montenegrins, Albanians, Muslims,
Croats, Turks and Romanies), while specifying Albanian separatism as
the main threat to that goal, the Programme announced "specific
measures for preserving law and order, peace, freedom, equality and
Serbia's integrity". The Programme defined the problem of individual
and ethnic rights as having three main aspects: guaranties of human
rights for all of Kosovo's citizens; full equality for the Albanians,
including the right to foster their national tradition, religion and
cultural heritage; and the right to and the creation of conditions for
the settling in Kosovo of Serbs and Montenegrins forced to leave the
province earlier and of all those willing to live and work there. The
Programme was followed by a 95-item Plan of Operations for the
Fulfillment of the Programme Tasks*.
There were neither political nor financial conditions for an effective
implementation of this Programme. The Albanian side did not accept the
authority and legitimacy of its very propounder. Furthermore, it was
the time when the rift between the two ethnic communities in Kosovo
reached its apex. The Albanians' refusal to recognize the legitimacy
and legality of the Serbian state in Kosovo led straight to the
establishment of a parallel Albanian body politic. On 2 July 1990,
Albanian deputies in Kosovo's parliament passed a Constitutional
Declaration on the Republic of Kosovo. The Serbian Parliament
responded by dissolving Kosovo's Parliament on 5 July. This decision
was supported by the Presidency of the Socialist Federative Republic
of Yugoslavia (SFRY) at its session on 11 July. This was followed by a
mass strike of Albanians, which grew into a general strike on 3
September. On 7 September, the Albanian deputies in the dissolved
Kosovo Parliament promulgated the Constitution of the Republic of
Kosovo in Kacanik.
Serbian authorities responded to these illegal separatist activities
of the Albanian national movement and to the major disruption of
Kosovo's economy, education and the media by taking repressive legal
action. The Law on the Action of Republican Bodies in Special
Circumstances made it possible to take emergency measures in the
public services sector. Application of such measures began in the
economy, health care, education, the legal system and administration
in Kosovo on 1 July 1990. Ethnic Albanian company managers and
directors of public institutions were fired en masse. Workers began
leaving these companies and institutions, and pupils and students
began boycotting classes in the academic year 1990-1991. At the same
time, the Albanians established parallel educational and health care
systems, media and economic activity.
The new constitutional status of Serbia's two provinces was defined by
the Serbian Constitution adopted on 28 September 1990. The provinces
(the Constitution specifically mentions Vojvodina and Kosovo-Metohija)
were given the usual characteristics of a territorial and political
autonomy, with their own statutes, parliaments elected in general
elections, and executive and administrative bodies (Articles 108-112).
Members of ethnic minorities were guaranteed the following collective
rights: the right to official use of their mother tongue (Article 1,
Paragraph 2); the right to being educated in their mother tongue
(Article 32, Paragraph 3); and freedom of religion (Article 41).
As for Kosovo-Metohija, the Albanians' stand is opposed to this
constitutional solution in two ways: formal and concrete. The formal
side of the problem concerns the fact that Kosovo's closely-knit
Albanian majority did not participate, through its elected
representatives, in the creation of the Constitution and therefore
those of its articles governing the province's constitutional status
and the status of the Albanian ethnic community within that framework.
The concrete deficiency of Kosovo's new constitutional status concerns
the compact political will of the Albanians to turn the province into
a state of their own and place it out of the scope of Serbia's
authority. In accordance with this fundamental views, Albanian
political parties in Kosovo did not take part in any of the elections
held in Serbia and the FRY (in 1990, 1992 and 1993), and the Albanian
population boycotted all the elections in great numbers. Kosovo's
government bodies compatible with the Constitution have never been
elected or established, so that authority in the province is directly
exercised by Serbia's government bodies. This practice is quite in
keeping with the application of emergency measures in many areas of
life and with the parallel (illegal) institutionalization of
political, economic, health-care, media and educational activities
which is being carried out by the Albanian ethnic community.
The five years of the activity of Serbia's government bodies in
Kosovo-Metohija have been very unfavorable in terms of the goals of
the constitutional changes undertaken and the legislative and
administrative activity of the state. Today the Albanian secessionist
policy is as firm as five years ago. In September 1991, the Albanians
held an illegal referendum on "a sovereign and independent state of
Kosovo". In May 1992 they held illegal parliamentary and presidential
elections and formed a government. The Serbs continue to leave the
province, and their trust in the measures undertaken by republican and
federal authorities is rapidly diminishing. The extremely unfavorable
economic situation in the country, aggravated by the international
community's sanctions, is drastically reducing the possibility of
making investments the purpose of which should be the creation of
conditions (housing, land, employment) for the return of Serbs to the
province. These measures, which are being carried out by federal and
republican government bodies (e.g. the Law on Acquisition of Flats for
the Return of Persons Forced to Leave Kosovo-Metohija of 17 March 1994
and the decisions which followed it) have failed to produce the
expected results. No ethnic group living in Kosovo-Metohija, including
Albanians and Serbs, is satisfied. The two communities live side by
side in a state of open hostility, without any communication. The
state's repressive measures can only help maintain the status quo of
"neither peace nor war".
Education is the only area in which representatives of the government
bodies of Serbia and the FRY have been in direct contact with Albanian
representatives in an effort to resolve problems through talks. The
breakdown in relations between the Albanians on one hand and Serbia
and the FRY on the other and their decision to lead a separate
existence, with Kosovo-Metohija's secession from Serbia as their
ultimate goal, have affected education most drastically. Serbia's
constitutional and legal decisions mentioned above have also been
aimed at establishing a unified education system on Serbia's entire
territory.
Before the 1989 constitutional changes, the provinces were completely
independent in their education policy. After the changes, unified
regulations were applied in the area of education in all of Serbia.
Article 32, Paragraph 4, of the Serbian Constitution guarantees
"members of other nationalities and ethnic groups the right to be
educated in their own mother tongue, in accordance with the law".
Similar to this provision is Article 46, Paragraph 1, of the
Constitution of the FRY: "Members of ethnic minorities have the right
to be educated in their own mother tongue, in accordance with the law.
Before the academic year 1990-1991, primary education in Kosovo-
Metohija was provided by 964 schools in three languages - Serbian,
Albanian and Turkish. Classes in Albanian were attended by 304,836
pupils, in Serbian by 42,388 pupils and in Turkish by 1,890 pupils.
Secondary education was provided by 83 high schools for 69,221
Albanian, 14,678 Serbian and 389 Turkish pupils. Two-year post-
secondary and University education was provided by six two-year post-
secondary schools and 13 University schools for 6,960 Albanian, 2,322
Serbian and 26 Turkish students.
The Albanians' resistance to the transfer of authority in the area of
education from the provinces to the republic was part of the general
Serbian-Albanian state dispute. Their refusal to accept the status of
an ethnic minority also resulted in their rejection of the guaranteed
ethnic minority rights in the area of education. Despite the
relatively high degree of autonomy in this area, which did not
manifest itself only in the right to be educated in one's mother
tongue but also in their participation in drawing up the curricula for
specific subjects (mother tongue, history, geography, art), the
Albanians once again insisted on Kosovo's statehood as the source of
their sovereign rights. The problem manifested itself most clearly in
the drawing
up of the curricula. The Albanians' intention to preserve their
complete autonomy in the area of education met with vehement
opposition from Serbia's government bodies, which allowed only
relative autonomy to Kosovo's educational authorities. The result
of the dispute was the same as in other social services: temporary
emergency measures were instituted in Kosovo's schools; its education
authorities were suspended, Albanian teachers were removed from
schools and the University, and Albanian pupils and students boycotted
classes and the entire education process. Since the academic year
1990-1991, a parallel illegal Albanian educational system has been in
existence, operating partly in existing school buildings (primary
schools), but mostly in private houses. Over 300,000 Albanian pupils
and students are attending this illegal instruction, getting diplomas
with the "Republic of Kosovo" seal on them.
In the second half of 1992 and the first half of 1993 an effort was
made at resolving at least the problem of education in Kosovo-
Metohija. The initiative was launched by the Federal Government, which
on 10 September 1992 adopted a Programme for Resolving Problems in the
Education and Culture of the Albanian Minority in Kosovo-Metohija. The
Programme, drawn up in cooperation with Serbia's education
authorities, specified the following measures: 1) resolving the
pressing problems in education - reestablishing regular Albanian-
language instruction, getting Albanian teachers back to work, reaching
agreement on the previous two academic years, which were not regular;
2) respecting the specific cultural elements of the Albanians in the
curricula; 3) improving the quality of education and developing
intercultural cooperation. In addition to these specific educational
elements, the Programme also contained a number of proposals aimed at
resolving complex problems such as: the unfreezing of the media,
intelculturalism (establishing experimental bilingual classes),
professional training of adults, education of the population for
living in a plural society, instruction in the Albanian language
abroad, cooperation between schools in Kosovo and other parts of the
country, cooperation of Albanian representatives in the drawing up of
the Law on Ethnic Minorities, etc.
Cooperation was offered to Albanian representatives on the basis of
this Programme, with the cooperation of the Geneva Conference on the
Former Yugoslavia. A special Subgroup for Problems in Education was
set up as part of the Working Group of the Conference on Human and
Minority Rights. Its members included representatives of the FRY and
Serbian Governments, the Albanian minority and ambassador Gerd Ahrens
on behalf of the Geneva Conference.
From October 1992 to June 1993 the Subgroup for Problems in Education
worked with more or less success, but with no result in the end.
Although it was initially agreed that problems in education should be
resolved without addressing the political issues, it was the
politicization of problems in Kosovo's education system that led to
the failure. At the first meeting of the Subgroup, held in Prishtina
on 13 and 14 October 1992, it was agreed in principle that a step-by-
step approach should be taken (first the problems in primary education
were to be resolved, then those in secondary education, and finally
those at the University). At the very next meeting, held in Belgrade
on 22 October, the Albanian side insisted on dealing with all the
problems at once, as part of the restitution of the educational system
on the basis of the 1974 Constitution. Albanian representatives did
not even show up at the next meeting of the Subgroup held on 11
November in Novi Sad, as on this occasion the educational problems of
other ethnic minorities in the FRY were also discussed, and the
Albanians did not accept the constitutional status of an ethnic
minority. The Serbian Government refused to send delegates to the next
two meetings, which were to be held in Geneva, because the Serbian
leadership saw this as the beginning of an internationalization of the
Kosovo issue. The Subgroup was closest to a compromise at the meeting
held in Geneva on 7 and 8 April 1993 and attended by all of its
members. The FRY Government's proposal consisted of a number of items:
1) Accepting the curricula for instruction in the Albanian language
adopted in 1990 (before the emergency measures were taken) as a
starting point, because of all the existing versions these curricula
allowed for the highest degree of autonomy for the Albanians.
2) Reemploying all the teachers who taught Albanian children before
the disruption of the education system, except for the few who had
fallen foul of the law to a significant degree and for whom the
Serbian Government could provide specific explanations.
3) Recognizing the continuity of education and scores of the pupils
attending classes in the Albanian parallel education system. This
referred to all the levels of education in the Albanian language.
4) All the proposed solutions were of a temporary nature, until the
final normalization of the situation in the province.
The Albanian side made its acceptance of this initial solution
conditional on the return of pupils and students into school buildings
and on a number of procedural issues. Its demands were basically of a
political nature: they refused to accept the authority of the Republic
of Serbia in the area of education in the Albanian language, demanded
more autonomy than given by the Constitution to other ethnic
minorities in the FRY, and constantly mixed educational and political
issues, making new demands once agreement had been reached.
The failure to reach a compromise in the area of education illustrates
the scope and depth of the Serbian-Albanian dispute and the
impossibility of a dialogue at this level of political representation
(official government bodies of Serbia and the FRY vs. Albanian
legitimate representatives, with the mediation of international
representatives). The depth of the problem is also indicated by the
fact that at the time the members of the Federal Government were not
controlled by Serbia's political leadership and Serbian President
Slobodan Milosevic in particular. This fact made the Serbian-Albanian
dialogue possible in the first place because the Federal Government
representatives were ready for a compromise and concessions. Their
programmes and specific proposals showed their willingness to agree to
the highest possible educational autonomy for the Albanians. The other
two sides - the Serbian Government representatives and the Albanian
representatives - were much less flexible, so that after the fall of
the Federal Government in April 1993 everything was as it had been in
the beginning.
In the past five years this has been the only example of direct talks
between the Serbian and Albanian sides concerning a specific problem.
After this failure, education and all other areas of life remained
divided into two parallel worlds, one belonging to the legal system of
government, and the other to an illegal system for organizing all
aspects of life. Intolerance and open hostility between these two
worlds has been increasing, and so has the potential for conflict and
repression.
2. The views of political parties and associations in Serbia
It is possible to outline a possible alternative policy towards
Kosovo-Metohija - and the Albanian question in particular -in Serbia
on the basis of the views stated in the programmes of opposition
parties and associations. The most important limitation concerns the
usual differences between programmes and practical politics. True to
form, this difference is most visible in the case of the ruling party
because its political score in Kosovo-Metohija can be clearly
presented simply because this party carries out the state policy and
is solely responsible for its results. In the case of opposition
parties, we can only assume, with a low degree of probability, what
kind of policy they would be carrying out, in light of their
programmes and political views, especially in the case of a political
problem as complex as Kosovo-Metohija. That is why we can discuss here
only the outline of a possible alternative policy in Serbia to be
carried out by other parties on assuming power.
We will begin this presentation with the views stated in the programme
of the ruling Socialist Party of Serbia (SPS), although the results
achieved by the SPS were already presented in the first section of
this paper. The SPS is solely responsible for the results of the
Government's policy towards Kosovo-Metohija, all the more so since so
far there has not been even a minimum of consensus on this problem -
or on any other problem for that matter - in Serbia in terms of
programmes and methods for carrying out ethnic policy. The views
stated in the programme of the SPS are presented here for two reasons:
first, in order to represent the views of all the major political
parties; and second, in order to draw a clear line between the
programmes and the results achieved, since this conceals a latent
danger for all those political protagonists who, struggling for power,
inevitably come to reexamine their own political principles and
competence.
In analyzing the programmes of different political parties, a formal
identity becomes obvious - all the parties treat the issue of rights
and freedoms on three different levels. On one level, they speak of
the same basic rights and freedoms, which are equally guaranteed to
all citizens regardless of their nationality, religion or political
affiliation. On another level, they speak of certain specific rights,
notably of the rights of ethnic collectives (ethnic minorities), which
are guaranteed in
accordance with well-known international standards. Finally, they
speak specifically of the Albanian ethnic minority and often of
Kosovo-Metohija in this context, repeating and confirming their views
on special collective rights.
Bearing this in mind, we will leave out the first level of this
treatment of rights and freedoms, simply because there are no
significant differences between the programmes of different parties in
this respect. Differences appear, more or less, on the second and
third levels, i.e. in proposals for the resolution of specific ethnic
minority problems.
The Programme of the SPS, adopted at its Second Congress on 23 and 24
October 1995, expressly upholds the exercise of the collective rights
of ethnic minorities. This is specified as the party's endorsement of
cultural and not (expressly) political autonomy. The Programme states
that ethnic minorities must be politically represented, especially in
bodies of government and local government. However, as this view is
not further elaborated on, we can only guess that the SPS endorses
some form of overproportional representation of ethnic minorities in
bodies of government. (As only local government is explicitly
mentioned, it is not clear which level or branch of government the
Programme refers to.)
The Programme provides a criterion for differentiating between
"peoples" and "ethnic minorities". This is a concept applied
throughout Yugoslavia's entire constitutional practice since the end
of World War Two. Those ethnic groups with mother countries outside
Yugoslavia do not have the right to self-determination up to and
including the right to secession; this right belongs only to the
"constituent peoples", i.e. to the Serbs and Montenegrins. Nothing is
expressly said about the constitutional status of peoples
"constituent" before the breakup of Yugoslavia (Croats, Muslims,
Macedonians and Slovenes), whose members still live in the FRY. It can
be assumed that after the establishment of their nation states, the
criterion for differentiating between "peoples" and "ethnic
minorities" automatically applies to them as well. On the other hand,
the Serbs outside the FRY, in areas where they are in a majority, i.e.
where they have formed states of their own - the Republic of Serb
Krajina and the Serb Republic - also have the right to self-
determination as the Serbs and Montenegrins in the FRY. They are thus
institutionally allowed to join the FRY. (This is also a possibility
according to Article 2, Paragraph 2, of the Constitution of the FRY.)
The Programme also mentions autonomous provinces. It says that they
cannot be states but can only have territorial autonomy, for which the
Serbian Constitution guarantees those rights expressive of the
specific ethnic, historical and cultural traits of the areas in which
they were formed. The Programme also contains a special section on the
resolution of the crisis in Kosovo-Metohija as one of the autonomous
provinces. It stresses that Kosovo-Metohija is an integral part of
Serbia, with immense political and symbolic significance for the
Serbian people. The Albanians, although in a majority in the province,
cannot have other status than that enjoyed by other ethnic minorities,
which means that they have all the political and cultural rights
established in the international practice of treating ethnic minority
issues. Specifically, this means the following rights: 1) the right to
use one's own mother tongue and be educated in one's own mother
tongue; 2) the right to foster cultural tradition and develop relevant
institutions, cultural societies and publishing companies; 3) the
right to publish newspapers in one's own mother tongue; 4) freedom of
religion; 5) the right to form political parties, associations and
clubs; 6) the right to promote one's own ideas; 7) the right to
participate in elections; 8) the right to participate in the work of
the republican and federal parliaments. The Programme underscores that
the problem does not lie in the rights of the Albanians but in their
failure to recognize the state they live in, its Constitution and the
laws guaranteeing them these rights. The Programme also emphasizes the
willingness of the SPS to engage in a dialogue about all the problems
concerning the rights of the Albanians, as well as other ethnic
minorities in Serbia.
As far as Kosovo-Metohija is concerned, the Programme stresses the
need for the Serb and Montenegrins who were forced to leave Kosovo to
return there as well as for anyone willing to settle in Kosovo to do
so. This would redress the historical wrong done to the Serbs, whose
departure from the province was the result of real ethnic cleansing
carried out earlier by Albanian authorities.
These views stated in the programme of the SPS are also the official
vies of government bodies in Serbia and the FRY on this problem. Even
before the Programme was adopted, these views became part of the
normative system of Serbia and the federal state and the
constitutional and legal basis for the activity of government bodies
in Kosovo-Metohija. This normative system, at least as far as the
rights and freedoms of the Albanians are concerned, has been suspended
for several years now, and practical politics in the province have
next to nothing in common with the SPS's position as stated in its
Programme.
The Programme of the Democratic Party (DS), adopted at its latest
congress in April 1995, mentions Kosovo-Metohija in its section
entitled "A Single Ethnic Policy". Special attention, it is said,
needs to be paid to this problem in Serbia and the FRY, because this
province has been abandoned by the Serbian state, while the Albanian
separatists are achieving their goals. It is estimated that, given the
situation, it is high time the Serbian state tried, by all means
available to a state, to preserve Kosovo-Metohija as an area where
Serbs and Albanians, as well as members of other nationalities, live
side by side. The Programme says that Kosovo-Metohija must develop and
be reintegrated into Serbia politically, economically, culturally and
demographically, and that its specific characteristics must be
respected.
As for the rights of members of ethnic minorities, the DS, according
to its Programme, stands for the exercise of specific rights of ethnic
minorities, such as the right to culture, freedom of religion, the
right to one's own mother tongue, the right to form ethnic
associations, the right to have media organizations in one's own
mother tongue, and the special concern of the state over the
protection and promotion of ethnic, cultural, religious and linguistic
identity. The Programme particularly stresses the importance of the
participation of ethnic minorities in making decisions on issues of
consequence to them, in accordance with the law. On the other hand,
the Programme expressly states that the question of ethnic minority
rights must not be linked to territorial autonomy, i.e. that the
essence of the issue is contained in the individual and collective
rights of members of ethnic minorities and the legal protection of
these rights. This implies that Kosovo-Metohija is not the province of
the Albanian minority but only an element in Serbia's territorial
organization.
The Programme of the Democratic Party of Serbia (DSS) expresses the
same view on the relationship between territorial autonomy and ethnic
minority rights. Ethnic minorities cannot have any territorial
autonomy, regardless of their share in the total population in
specific regions. Although it is not expressly stated, this obviously
refers to the status of the Albanians and their policy regarding
Kosovo-Metohija. This can also be applied to the demand of the
Hungarians in Serbia's northern province of Vojvodina for three-way
autonomy, which also includes territorial autonomy. The Programme of
the DSS says nothing about Serbia's territorial organization, but the
use of the term "region" in this context indicates the DSS's negative
view on the existence of provinces in Serbia, as special territorial
units.
The DSS's Programme contains a general view on the status of ethnic
minorities in Serbia. According to the DSS, they should have all the
ethnic minority rights recognized by international law. This view from
the section on ethnic policy is further elaborated on in the section
on education, science and culture, in which it is stated that members
of ethnic minorities should be allowed to receive primary education in
their own mother tongue in state schools.
The current Programme of the Serbian Renewal Movement (SPO), adopted
at the Second World Congress of this party in March 1993 employs erms
different from the usual ones to describe the key problems dealt with
in this paper. The term "Old Serbia" is used instead of "Kosovo-
Metohija" or the abbreviation "Kosmet", "Raska" instead of "Sandzak",
and "Shiptars" instead of "Albanians". The SPO's term for "Albanians"
was used before the change in the constitutional status of Kosovo-
Metohija in 1968, and its term for the region was used before the
world wars. The Programme thus expresses a certain traditional
symbolism, which is highly prominent in the political treatment of
these problems. In this sense, the Programme stresses that Old Serbia
is the seat of the religion, culture and historical memory of all
Serbs.
The SPO's Programme, similarly to the ones mentioned above, contains
general ideas about the status of ethnic minorities. It states that
ethnic minorities in Serbia and the FRY should have the rights enjoyed
by ethnic minorities in "the most democratic countries of the world".
Specifically, the SPO demands that a historical injustice done to the
Serbs be redressed; namely, it demands the annulment of all the laws
and decrees passed by the postwar communist regime whereby Serbs were
forcibly moved out of their homes or were not allowed to return to
their homes from which they had been expelled by the Nazi occupiers
during World War Two, which effectively altered the ethnic map of the
region.
A special section of the SPO's Programme is dedicated to Old Serbia,
i.e. to Kosovo-Metohija, stressing that the "Shiptar issue" is
Serbia's internal issue which can be settled only by democratic means.
The Programme states that only a democratic Serbia, attractive to all,
can also be attractive to the Albanian minority, which can enjoy
maximum ethnic, religious and civil rights, on the basis of
international agreements on ethnic minorities, but only within a
democratic Serbian state.
Dissatisfied with the policy pursued by government bodies in Kosovo-
Metohija and its results, the SPO issued in March 1994 a programmatic
leaflet with the basic question: "What will become of Kosovo-
Metohija?" The leaflet stressed that the policy being pursued by the
Serbian regime played into the hands of those eager "to create an
independent Albanian state out of the Serbian Jerusalem". In contrast,
the Albanian separatist movement is most threatened by those political
forces in Serbia advocating Serbia's full democratization which would
create conditions not only for general prosperity but also for the
international recognition of the true goals of the Albanian
separatists. The leaflet also emphasized the tendency of the Serbs to
leave Kosovo-Metohija. The SPO proposed an alternative policy of "good
life and democracy", which should make most Albanians accept Serbia as
their own homeland. The SPO also promised to build 150,000 flats for
the Serbs who had been forced to leave Kosovo-Metohija, to give them
jobs and loans to set up their own businesses and to make investments
in modern schools, hospitals and roads. Finally, the party said it was
capable of putting these ideas into practice, for which it seeks
popular support.
The Programme of the Serbian Radical Party (SRS), adopted at its Third
Homeland Congress in January 1994, is the only parliamentary party
programme which does not contain views on the special rights of ethnic
minorities. The Programme's Article 5 stresses only "full civil
equality of all ethnic minorities" in a state of citizens, i.e. in a
civilized legal system securing the legitimacy of the Government and
the legality of its decisions. The precondition for the equal civil
status of members of ethnic minorities is that they do not question
Serbia's and Yugoslavia's sovereignty and territorial integrity.
Article 13 of this Programme is dedicated to Kosovo-Metohija. This is
the largest article of the Programme, and it specifies measures for
quelling the Albanian separatist rebellion "by all possible means".
The following measures are proposed: a review of registry books and
citizenship rights on the basis of the 1991 census (note: the
Albanians largely boycotted the 1991 census); abolishing the
autonomous provinces on Serbia's territory; expelling all Albanian
immigrants and their descendants; returning the land seized from Serbs
and the Serbian Orthodox Church to their rightful owners; preventing
any financing by the state of the Albanian ethnic minority and
rechanelling these funds to facilitate the return of Serbs to Kosovo-
Metohija; collecting taxes and fees for communal services from
Albanians; laying off the Albanians who are not citizens of Serbia and
Yugoslavia; taking away passports from those Albanians who are
citizens of Serbia but who have engaged in separatist activity abroad;
locating military, police and other Government installations in
Kosovo-Metohija; providing state subsidies for the Serbs settling in
Kosovo (housing loans, new jobs, funds for new businesses); and
improving conditions for classes held in the Serbian language at
Prishtina University.
This list of measures sums up the SRS's Programme for settling the
issue of Kosovo-Metohija and the problem of the Albanian ethnic
minority in Serbia and the FRY.
The Civil Alliance of Serbia (GSS) adopted two programmatic documents
at its Constituent Assembly in February 1994. These are the Letter of
Intent and the Programme. The former stresses the priorities in
carrying out ethnic policy. The fourth priority mentioned is the
relationship of this party to ethnic minorities. The GSS's general
view is that the legal and actual status of ethnic minorities can be
ensured only by a democratic Serbia, safeguarding the rights and
freedoms of each citizen and, on this basis, guaranteeing the ethnic
and other rights in order to preserve the identity of ethnic
minorities. The GSS says that these rights can exceed those guaranteed
by international law, provided the exercise of these rights does not
threaten the territorial integrity of Serbia and the FRY.
This general view is elaborated on in the Programme of the GSS, which
endorses tolerance, dialogue and good will in easing ethnic tensions
and resolving conflicts in a multiethnic community such as Serbia. Two
mechanisms which may lead to a peaceful resolution of ethnic conflicts
are stressed - autonomy and special rights for ethnic communities and
ethnic minorities. Autonomy is seen as territorial (province),
cultural (mother country) and religious (church). All forms of
autonomy are acceptable for the sake of ethnic, cultural and religious
pluralism in our complex society and expression of the feeling of
authentic affiliation with a smaller community within society as a
whole. As for the special rights of ethnic, religious and other
communities, the GSS advocates their respect according to the highest
international legal standards. Conflict situations in the exercise of
these rights, such as those in Kosovo-Metohija, Sandzak and Vojvodina,
must be resolved within the democratic institutions of society and
government, through dialogue and without setting any preconditions.
The Programme does not elaborate on the view expressed in the Letter
of Intent that ethnic minorities may be given greater rights than
those mentioned in international documents. It can only be assumed
that the party would accept any standards in the protection of ethnic
minority rights higher than those customary in international law if
only that could be agreed through dialogue.
Neither document says anything about Kosovo-Metohija or the Albanian
ethnic minority as a separate problem.
The Serbian Resistance Movement was founded in Kosovo-Metohija in the
summer of 1994. The Movement emerged as an expression of the
dissatisfaction of the Serbs in the province with the methods and
effects of the state's efforts to resolve their numerous problems. In
August 1994, the leaders of the Movement published A Letter to the
Serbian Public, summing up the reasons for forming the Movement and
its goals. Essentially, they were dissatisfied by the fact that,
although Serbia's bodies of government had the legal possibility of
taking action, the Albanian secessionist movement was steadily
achieving its key goals - the activity of the shadow Albanian state
and the continuing exodus of Serbs from Kosovo-Metohija. The
Movement's leaders wrote in this document that the Serbian regime has
turned the Serbian question in Kosovo-Metohija into an ideological and
party issue and that it has created rifts among Serbs, using them as
its own political instrument. The Movement's leaders stressed that in
March 1995 it had been five years since the adoption of the Programme
for Kosovo and that the Programme had simply failed. In accordance
with this view and the views stated in A Letter, the Movement's
leaders have made the following nine demands: 1) Serbia should state
clearly what it wants to do about Kosovo-Metohija and how it intends
to settle the Serbian issue in this part of Serbia; 2) measures should
urgently be taken to stop the Albanization and eventual loss of
Kosovo-Metohija; 3) no one has the right to abandon Kosovo-Metohija;
4) the Albanian shadow state - the so-called Republic of Kosovo - must
be disrupted; 5) the Serbs in Kosovo-Metohija should not be bypassed
in efforts to resolve the problem; 6) specific measures should be
taken to protect Serbs from Albanian separatism and from being pushed
out by Albanians; 7) a programme for settling Serbs in Kosovo should
urgently be drawn up and funds raised for its implementation; 8)
Serbia should pass a law on citizenship immediately and resolve the
question of Albanian immigrants; 9) the parliaments of the FRY, Serbia
and Montenegro should immediately open debates about Kosovo-Metohija
and the effects to date of Serbia's official policy towards Kosovo-
Metohija.
The Movement was basically formed for the purpose of mediating in
efforts to reach a Serbian national consensus on Kosovo-Metohija.
Representatives of government bodies, all parliamentary parties,
Serbian cultural and spiritual institutions (The Orthodox Church, the
Serbian Academy of Sciences and Arts, representatives of scientific
institutions and universities) were expected to take part in this
dialogue. They were to form a Serbian National Council which was to
formulate a new policy towards Kosovo-Metohija. The result was quite
the opposite: the authorities came into conflict with the opposition.
The regime did not allow anyone to interfere with its policies, so
that the Movement focused on the opposition. At a conference in
Gracanica (Kosovo-Metohija) organized by the Movement in May 1995, a
Declaration was adopted on the Serb national policy today, which
concerned the overall question of statehood and, within that
framework, the question of Kosovo-Metohija. Article One of the
Declaration expressed the fundamental view of the conference that a
definite abolishment of territorial autonomy in Serbia is an essential
precondition for a permanent resolution of the Kosovo problem. The
Serbian National Council was formed at the conference and entrusted
with drawing up a national programme.
In this presentation, we should also mention the activity of a number
of nongovernmental and nonpartisan organizations which have in the
past five or six years dealt with the issue of Serbian-Albanian
relations and the question of Kosovo-Metohija in particular. Their
common denominator is the attempt to start a dialogue between the
Serbian and Albanian parties to the dispute. It needs to be stressed
that the political impact of these initiatives has been negligible,
because, as a rule, they have been launched by intellectuals with
little political influence. These talks have given rise to certain
ideas for conflict resolution, presented at a number of meetings, in
collections of papers or as part of projects, which so far have failed
to have any impact on the main parties to the conflict.
Before the outbreak of war in the former Yugoslavia, a number of round
tables on these problems were held in Mostar, Prishtina and Belgrade.
They were organized by the Association for the Yugoslav Democratic
Initiative (UJDI). The results of these round tables have been
presented in Republika magazine ("Untangling the Kosovo Knot",
September 1993). The European Movement in Serbia, the European
Movement of Kosovo and the Helsinki Parliament of Citizens have also
launched a number of initiatives.
The Soros Foundation in Yugoslavia has started a project entitled "The
Serbian-Albanian Dialogue". Several individual solutions for resolving
the problem of Kosovo and the problem of interethnic relations in
Serbia and the FRY have been proposed as part of this project. During
the federal government of Milan Panic (June 1992-April 1993), a
project entitled "Democracy and the Protection of Minorities" emerged
from these circles. It was offered to the Government as the basis for
drawing up a law on ethnic minorities ("Theses for Drawing Up a Law on
the Rights and Freedoms of Minority Communities and Their Members").
The project was rejected after the Panic Government was replaced.
All these initiatives and documents which came in their wake are proof
of the good will of various associations of citizens to work out this
major problem. Their lack of real political influence shows that
dialogue and tolerance as a way of approaching the problem by the main
protagonists of the conflict (Serbs and Albanians and their political
representatives) depend on some deeper political assumptions.
3. A special approach
The problem of Kosovo-Metohija is extremely complex and antinomic.
Kosovo-Metohija was the centre of mediaeval Serbian statehood and
culture. This is an area which for centuries was under Turkish
occupation and Turkish administration. After its liberation from the
Turks, it became part of the sovereign Serbian state in 1912, but with
a largely altered ethnic composition. During World War Two it was
occupied by Fascist Italy, although formally it was ruled by Albania,
as Italy's war ally. After World War Two, it became part of the
communist Yugoslav state, getting for the first time the status of a
territorial autonomy, gradually assuming the characteristics of a
separate unit within the federal state. From 1961 on, Serbs began
moving out of Kosovo at a much higher rate, and the growth of the
Albanian population further intensified. Throughout the recent history
(from the second half of the 19th century) this has been the area of
an unresolved Serbian-Albanian territorial dispute, without
appropriate democratic institutions and solutions. The problem has
culminated in the last decade, during which the measures taken by the
Serbian state collided head on with an organized Albanian movement,
with mutually exclusive goals. The extremely antagonistic and
antinomic nature of the problem is keeping it in a state of
irresolution, at the same time eliciting different kinds of solutions
aimed at achieving a lasting peace in the region.
One of the proposals for a peaceful solution to the problem, but
different from any solution proposed in the past, was recently
presented to the public in Serbia. It deserves our attention not
because of its political influence by primarily because of the
meticulous and well-argued explanation of the basic idea for the
resolution of the problem. This project was offered in a book by
Branislav Krstic entitled Kosovo Between Historical and Ethnic Rights
(1994). We will present here the main elements of this project, which
are gaining more and more supporters in certain influential Serbian
intellectual circles.
The author's main idea is that the conflict must be resolved in
accordance with its nature. Since the dispute is essentially
territorial, it calls for an appropriate political and territorial
solution. Methodologically neglecting the current state and legal
status of Kosovo-Metohija, the author claims that this is a conflict
between two types of rights - the Serbian historical right and the
Albanian ethnic right. Both rights have firm territorial equivalents -
laying a claim to political rule over territory. The conflict between
these two rights can be peacefully resolved only by dividing up
Kosovo-Metohija's territory. In this way, both rights would be
realized, and a peaceful solution, as the general goal, would be
achieved.
Today's make-up of Kosovo-Metohija's population (81.6% of Albanians
and 9.9% of Serbs), coupled with the general political situation,
gives the author reason to observe the interests of the Albanian
ethnic community with more political benevolence compared to the usual
view that the Albanians' rights derive from their minority status.
Namely, the problem cannot be resolved even if the highest standards
in the protection of ethnic minority rights are applied. In addition,
it is not realistic to expect the reintegration of Albanians as loyal
and contented citizens of Serbia. Nor can the permanent terrorizing of
the majority of the population in the province by the state lead to a
definite solution. The ethnic right of the Albanians appears entirely
as a problem sui generis.
On the other hand, Serbs in Kosovo-Metohija were forced to leave the
province (as the cradle of Serbian statehood) under political pressure
from the majority Albanian population and settle in other parts of the
country. What is more, their own state looked favourably on this
exodus. The author cites historical, demographic and statistical
figures corroborating this claim. With Kosovo-Metohija having the
constitutional status of an autonomous province in communist
Yugoslavia and its competence being expanded to the level of a federal
unit, the question of the Albanian minority was being resolved over a
period of several decades as a political and territorial question. The
demographic effects of this policy were as follows: from 1961 to 1981
alone, 42.2% of Serbs and 63.3% of Montenegrins left Kosovo-Metohija,
while the size of the Albanian population increased 2.5 times. Such a
trend had not been recorded in any previous period. From 1931 to 1961,
regardless of the massive exodus of Serbs during the Fascist
occupation of Kosovo, the Serbian population increased 1.8 times, and
the Albanian population 1.9 times. The expansion of the Albanian
population in the said period coincided with the taking over of towns
and villages and land by Albanians,which the author illustrates with
population trends in all of Kosovo's towns and villages from 1931 to
1991. These figures clearly indicate that since 1961 Serbian ethnic
communities have been disappearing rapidly, with a drastic reduction
in the number of ethnically mixed communities (this is the most
pronounced trend - 78 ethnically mixed communities have become purely
Albanian) and an increase in the number of purely Albanian communities
(by 250). At the same time, the real estate market assumed clearly
ethnic characteristics, with Albanians as the sole buyers and Serbs as
the only sellers of houses and land. All three processes - the growth
of the Albanian population, the decrease in the number of Serbs, and
the taking over of towns and villages and land by Albanians coincided
with the constitutional changes whereby the Republic of Serbia
delegated constitutional, legislative, executive and legal powers to
the province.
This brief demographic and historical overview, which is very
exhaustive and illustrative in the book, is necessary for a better
understanding of the criteria used by the author in his basic proposal
for the division of territory. The ethnic criterion in the current
composition and distribution of the population, which completely plays
into the hands of the Albanian side, cannot be the only one because it
would legitimate the wrong done to Serbs over a period of thirty
years. Criteria ensuring respect for the historical right of the Serbs
must be introduced. The author cites as the most important criteria
the territorial distribution of historical monuments and land
ownership, partly adjusted in accordance with the situation prevailing
in 1961.
According to the author of this study, if the territorial distribution
of Serbian historical monuments is used as a criterion, it will be
comparatively easy to define a relatively compact Serbian area. We
will not restrict ourselves here to monuments of the 1st and 2nd
categories according to UNESCO's classification, since 3rd-category
monuments are distributed more or less throughout the province. It is
thus possible to define an area with 36 Serbian historical monuments
(monasteries, churches, anchorites' cells, remains of mediaeval
Serbian cities, buildings, memorials) dating back to the period from
the 12th to the 16th century. Only one 1st-category monument and six
2nd-category monuments would remain outside this area. It is a
propitious circumstance that the areas of Albanian cultural monuments
(most of them dating from the 19th century) are different from the
area of concentrated Serbian cultural monuments of the 1st and 2nd
categories. Another propitious circumstance is that the Albanian
population in this area is less concentrated than elsewhere.
The other criterion for dividing up Kosovo-Metohija's province, which
could correct the current state of the Albanian demographic dominance
(and the ethnic criterion of division which follows from it) is land
ownership. Despite massive land-buying campaigns over the past three
decades and the virtual ethnification of the real estate market, the
Serbs own at least double the share of land owned by the Albanians, in
proportion to their respective shares in the total population. In
other words, land ownership must also be taken as a criterion for the
division of territory, and not just the ethnic composition of the
population.
Before getting down to the concrete application of the three criteria
for the division of territory - the ethnic distribution of the
population, the territorial distribution of historical monuments and
the nationality of the land owners - the author sets forth five
principles he is guided by in presenting his proposal for a peaceful
resolution of this enduring and serious conflict. These principles
are: (1) both rights - the Serbian historical right and the Albanian
ethnic right - are legitimate;
(2) neither of these rights is valid unless it has been legally
realized; (3) neither side can exercise its right if that means
depriving the other side of its own right; (4) the historical and
ethnic rights were created in specific areas, so that there is a
territorial dimension to the realization of these rights; (5) neither
side can demand recognition for its rights unless it is willing to
recognize the relevant rights of the other side.
In light of these criteria and principles, the author proposes their
practical application, i.e. the territorial division of Kosovo-
Metohija.
The proposed division includes four cumulative steps. In steps A and B
the western and southern areas with predominant Albanian populations
are formed. These two areas cover almost half of the total Albanian
population according to the 1981 census and only 15.3% of the total
Serbian population. Only one 1st-category and six 2nd-category Serb
historical monuments are located on this territory. However, 630,000
Albanians according to the 1981 census, or 329,000 according to the
1961 census, remain outside this territory. This unfortunate
circumstance is corrected by two possible options for redefining
territories. According to one of the options (step C), the towns of
Pec and Prizren are divided up, which is necessary as these are towns
with dominant Albanian populations but also with important Serbian
cultural monuments. This option will give territorial autonomy to
53.2% Albanians (according to the 1981 census). In historically
Serbian territories the ratio of the Serbian and Albanian populations
would be 22.6% to 66% according to the 1981 census, or 38.7% to 53%
according to the 1961 census. This ratio, unfavourable for either
side, can be partly corrected by using the other option (step D) -
incorporating another compact Albanian area (in the northeast of the
province) into the Albanian territorial autonomy. After taking this
step, there would be 24.6% of Serbs against 62.8% of Albanians in
historically Serbian territories, according to the 1981 census, or
41.2% of Serbs against 49.7% of Albanians, according to the 1961
census. The Albanian autonomous area would cover 59.9% of the total
Albanian population in Kosovo-Metohija.
All these steps and options are accompanied by appropriate maps and
demographic statistical figures.
The author's final proposal is that the Serbian historical territory
defined in this way be separated from the province as it is now and be
declared an area of special cultural and historical significance for
the Serbian people, while the area with a predominantly Albanian
population be declared an area of Albanian territorial autonomy with
special status. In this area, the Albanians could in time fully
exercise their right to self-determination, holding a referendum or
declaring their politica
l will in some other democratic way.
We have paid proportionally more attention to this proposal for the
resolution of the question of Kosovo-Metohija and the Serbian-Albanian
dispute because we regard it as important, well-founded and well-
argued. The territorial aspect of the entire problem is now a
political taboo, as both sides hope to gain political domination of
Kosovo-Metohija's entire territory. This view is shared by all parties
within both political spectra (democratic and authoritarian), and it
constitutes a framework for achieving a specific political balance
within each spectrum. In these circumstances, it may be quite natural
for an individual to come up with a proposal of this kind. However,
the specific political weight of such a solution is increased by the
fact that it has met with the tacit approval, at least on the Serbian
side, of certain intellectuals and politicians.
4. Alternative solutions to the problem of Kosovo-Metohija -
conditions and consequences
In this section we will present possible ways of resolving the problem
of Kosovo-Metohija and the Serbian-Albanian dispute. We will try to
present briefly the type of solution, the conditions and possibilities
of its application and the consequences of its application. We will
bear in mind the realistic range of approaches to the problem, which
includes not only Serbian political protagonists, but also Albanian
ones (in Kosovo-Metohija), as well as international mediators.
(a) Official solution advocated by the authorities and government
bodies in Serbia and the FRY
Kosovo-Metohija, as one of Serbia's autonomous provinces. The
competence of the province in the spirit of territorial autonomy;
governed by the Serbian Constitution and the statute of the province;
the province has a parliament, elected in general elections, and
executive and administrative bodies. The competence of provincial
authorities in the areas of education, health care, social welfare and
culture in line with the general policy being carried out by Serbia
and the FRY. Local executive and administrative autonomy.
The rights of the Albanian community as minority rights -special
linguistic, educational and cultural rights - in accordance with the
Constitution, laws and international legal standards in the protection
of minorities.
Conditions for the solution: integration of the Albanian community
into the political and legal system of Serbia and the FRY; the
Albanian community entirely rejects this condition.
Consequences: development of parallel political, economic, cultural
and educational Albanian structures in Kosovo-Metohija; suspension by
the state of legal regulatory possibilities in virtually all areas of
life; emergency measures; the state's long-term reliance on repressive
measures; the exodus of Serbs from Kosovo-Metohija continues.
(b) Programmatic solutions advocated by democratically oriented
political parties and associations in Serbia
Democratic consensus on ethnic and statehood issues, with the
participation of legitimate representatives of the minorities,
including the Albanians. Dialogue with Albanian representatives about
the resolution of their ethnic issue, both in its entirety and in
separate sections (e.g. education). The only condition for dialogue -
the Albanians should not question the territorial integrity of Serbia
and the FRY.
Seeking a long-term solution in a genuine democratization of Serbia
and the federal state, stable guarantees of individual and collective
rights and the rule of law.
Orientation to state regionalization and decentralization of power,
with special solutions for the territorially compact ethnic
minorities. In this context, distancing away from the constitutional
solutions allowing for autonomous provinces.
Condition for the solution: increasing the influence of the democratic
opposition and winning the support of the Albanians for this long-term
solution; linking the Albanians' political prospects to the
development of democracy in Serbia.
Consequences and possible outcomes: reaching an elementary consensus
and embarking on legal and institutional solutions based on democratic
dialogue.
Chances of succeeding: the Albanian side is not ready to opt for this
strategy. The political weakness and organizational fragmentation of
Serbia's democratic opposition makes this strategy additionally
unrealistic; there is a great deal of mistrust between Serbian
democratic parties and Albanian political organizations.
(c) Radical political solutions on the Serbian side
Cancellation of provincial autonomy in the Serbian Constitution;
organizing Serbia as a centralized, unitary state. Reviewing the
citizenship status of all Albanians and expelling from the country all
those failing to meet the legal requirements for citizenship and those
politically disloyal to the state. Settling Serbs in Kosovo-Metohija
and giving them special privileges in order to make life in this part
of the republic easier.
Conditions: bringing an even larger state repressive machinery to
Kosovo; investing huge funds in maintaining this machinery and
implementing plans for the return of Serbs to Kosovo. Radicalization
of the general political mood in Serbia and the FRY regarding Kosovo
and the Albanian issue.
Consequences: an increase in the intensity of the conflict, with the
permanent danger of an armed Albanian uprising; Serbia's increasing
isolation from the world; a further destabilization of the region (the
role of Albania, Macedonia's Albanians and their political allies);
military interference of the international community in the conflict
(NATO and the U.S.).
(d) Albanian solution for an independent and autonomous Kosovo
The illegal shadow government and parallel economic, educational and
social welfare systems will grow stronger, becoming increasingly self-
perpetuating and capable of functioning independently until global
circumstances become favourable and Serbia and the FRY become weak
internally to a degree allowing Kosovo to secede with comparatively
little pain. During this period, exhibit resolutely disloyalty to the
state and practise civil disobedience, and do not enter any talks or
activities which might suggest acceptance of the legal state
structure. During a possible dialogue with the state, act as a partner
equal to the state and insist on solutions leading towards legitimate
secession. Emphasize internationalization of the problem.
Conditions: political compactness of all Albanian protagonists;
weakening of the Serbian state and further polarization and
fragmentation of Serbian political protagonists; economic exhaustion
of Serbia - positive effects of international sanctions; the
international community's benevolent view on the strategy for Kosovo's
secession.
Consequences: radicalization of the regime's policy and political
parties's policies towards Kosovo-Metohija; radicalization of Serbian
public opinion; an increase in government repression of the Albanians
and an intensification of the conflict; end of all hopes of a dialogue
on a gradual resolution of the problem.
(e) International proposal for special status
The proposal by the International Conference on the Former Yugoslavia
in the Hague (1991). Special status for areas in which members of
ethnic groups (minorities) are in a majority. Special application of
this solution to Kosovo-Metohija. The right to use ethnic symbols and
the right to an autonomous educational system, legislature and
administration, including a regional police force and courts.
Demilitarization of the region and international control.
Conditions: acceptance of the proposal by both parties to the
conflict; both parties trusting the impartiality of the international
mediator. Neither of these conditions is realistic; the other
condition cannot be fulfilled, especially from the Serbian point of
view - bad experience with international mediation in the case of the
Yugoslav state crisis and the international community's attitude to
the rights of the Serbs in Croatia and Bosnia-Herzegovina.
Consequences: Albanians push Serbs out in all areas of life; Serbs
continue to leave Kosovo.
(f) Division of Kosovo-Metohija's territory
Divide Kosovo-Metohija into a Serb part and an Albanian part on the
basis of clear and generally acceptable criteria and principles. After
the division, the Albanian part should have the right to make an
autonomous political choice. Allow two options to the population
remaining in a minority after the division: either relocation of these
people to territories where their fellow-Serbs/Albanians are in a
majority, with prior provision of basic living conditions, or allowing
them to stay, with guarantees of all human and ethnic minority rights.
Conditions: Agreement of the Serbian and Albanian sides on this
solution; help from the international community in providing resources
for humanitarian relocation; international control of the state of
ethnic minority rights following the division of territory.
Difficulties and consequences: potential conflicts regarding the
criteria and principles of division; difficulties concerning specific
divisions and the creation of geographically and economically compact
regions; problems concerning the acceptance of specific solutions by
the numerically dominant Albanian population and the cancellation of
their acquired rights; dissatisfaction of the Serbs over ceding part
of Serbian territory.
General advantage: prospects for a permanent resolution of the
conflict.
Belgrade, June 1995
*The programme is good proof of the political illusion at the time
that serious historical problems can be resolved by means of
administrative measures. The Programme's 95 items specified, among
other things, the following measures: accelerating the adoption of
laws consistently applied in the entire Serbia; making a list of all
citizens willing to go to Kosovo and organizing by mid-June 1990 the
departure of the first group of settlers for Kosovo; determining the
exact number of persons from Albania who are not SFRY citizens;
determining the origin of the vast sums of money Albanians used for
buying land and houses from Serbs and Montenegrins in Kosovo; forming
new municipalities in areas with compact Serb populations; as of the
academic year 1990-1991, enroling extra numbers of Serbs,
Montenegrins, Macedonians and members of other ethnic groups in
Prishtina University; starting the construction of 750 flats for Serb
returnees without delay in all large towns in the province; taking
measures to reduce the birth rate and adjust demographic growth in
Kosovo to the province's economic potential; pass laws on family
planning etc. This ambitious administrative programme ended up in a
total fiasco in the five years that followed.
END
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