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ILIRIA International Review – Vol 9, No 1 (2019)
© Felix–Verlag, Holzkirchen, Germany and Iliria College, Pristina, Kosovo
Abstract
Historically, the inter-ethnic conflict in Kosovo has been
made for its territory. Both sides, Serbs and Albanians, have
voiced allegations of history and ethno-demography to justify
their supposedly exclusive right over this ethnically mixed
territory. According to the London Conferences (1912-13),
Versailles (1919) and Paris (1946) and against the free will of its
Albanian population, Kosovo has become part of Yugoslavia.
After the Second World War with the establishment of
Communist Yugoslavia Kosovo Albanians were given a degree
of autonomy within the framework of Serbia. After the
dissolution of Yugoslavia in 1991, the Kosovo Albanian
population organized a referendum in which independence
was elected. On the other hand, Serbian authorities insisted on
Kosovo's constitutional status as an integral part of Serbia.
Kosovo represents important challenges and also the
opportunity to fulfill human rights guarantees and promises of
international co-operation. Where ethnic tensions and violence
share societies, as is the case with Kosovo, respect for minority
rights promotes conditions for political, social, and peace
stability. In such societies, different national, ethnic, religious
and linguistic groups have the opportunity to live together,
communicate effectively and understand the value of
differences between themselves and cultural diversity in their
societies.
MA. Genc MEKAJ, MA. Kreshnik ALIAJ
Ethnic Dimension in Kosovo, Security
and its Consequences in Transition
Genc Mekaj, Kreshnik Aliaj
MA. Genc MEKAJ, MA. Kreshnik ALIAJ
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Key words: ethnic groups; political stability; security; peace; nationalism;
discrimination; transition;
1. Introduction
The United Nations and other intergovernmental organizations working
in Kosovo need to implement more effectively human rights standards and
human rights approaches. Different ethnic, religious and linguistic
communities in Kosovo must understand that solutions remain in their
hands so that solutions are the responsibility of governments and the
international community and make intensive efforts to overcome the
current divisions. The political will to achieve justice and sustainable
solutions must be demonstrated by all civil society, states and international
actors. The political will to respect the rights and the appreciation of
everyone's contribution is an essential component of functioning, sound
and prosperous societies: the willingness to talk, to share, to cooperate, to
participate; the will to build bridges and break the barriers between
communities, no matter how deep these barriers have become. Without
such a will, even the best efforts of the international community would
never have been enough (Clive Baldwin, 2007).
There are no easy solutions to the problems in Kosovo; however, there
are ways that provide great potential for inclusion, peace, stability and
development. These paths should deny segregation and ethnic cleansing by
including the rule of law and minority rights. The alternative is a
continuous, unreliable and unseasured future that has a potential not only
to bring once again suffering and conflict to the lives of peoples in Kosovo,
but also to provoke the tensions in a region which has suffered many of the
destructive consequences of nationalism and discrimination.
In 1999, the North Atlantic Treaty Organization (NATO) fought for the
rights of a Kosovo Albanian minority within the Federal Republic of
Yugoslavia (FRY). Since June 1999, Kosovo has been governed by an
interim administration led by the United Nations Mission in Kosovo
(UNMIK), including the European Union (EU) and the Organization for
Security and Cooperation in Europe (OSCE). A "security presence", called
KFOR (Kosovo Forces), is led by NATO and includes soldiers from at least
30 member states and non-NATO members. Thousands of international
officials have worked in Kosovo, and millions of euros have been spent in
Kosovo. The international protectorate arises in circumstances in which it
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was clear that its most important priority would be to ensure harmony and
cooperation between different ethnic groups, namely the assurance of full
protection of all the rights of these groups, particularly the minorities. From
this point of view, it would have seemed to us that Kosovo should have
been blessed because it is administered by institutions with a long history
of work on the protection of minority rights, such as UN, which in the year
1992 agreed on a Declaration on the Rights of All Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities. The United Nations
has a minority working group that meets in Geneva every year and
provides special advice and opinions on minority rights.
The OSCE established in 1992 the High Commissioner for National
Minorities (HMNM), which has developed high expertise in the use and
application of internationally recognized minority rights standards in order
to prevent conflicts. With resources set in Kosovo, it is likely that minority
rights will be fully protected. Instead, after many years of international
expertise, the situation of minorities in Kosovo in 2006 was catastrophic.
With the arrival of the forces and the international administration in 1999,
there was a huge wave that can only be described as ethnic cleansing:
targeted attacks on minorities to drive them out of their homes. The result
was the departure of most Serbs from Kosovo, and the relocation of a large
number of Roma and Albanians (the latter from Serbian areas). Five years
later, in 2004, this example was repeated.
In the daily protection of the basic rights of minorities is in essence the
right to everyone to live in a society where they can speak in their own
language, and to practice their culture and religion freely. This trend has
led to an increasingly large segregation between Albanians and Serbs, even
at village level, while all other groups are massively marginalized. Talks on
Kosovo's future status have not yet brought any ideas for resolving this
situation. It's obvious that something has not gone right. Understanding
how the international administration failed to comprehend and apply
minority rights is critical for two reasons. First, it is important for the
immediate future of Kosovo. Whatever is next status; discussions should
include a structure that will ensure that the rights of minorities will be fully
implemented and thus allow everyone to live freely learning from the
mistakes of the past years. However, it is also vital to maintain peace in the
future that those involved in international missions learn why the UN and
the OSCE have not used their human rights knowledge in such a critical
mission.
MA. Genc MEKAJ, MA. Kreshnik ALIAJ
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2. Ethnic groups in Kosovo
As is often the case, group members are reluctant to refer to them as a
minority, having as their main issue the opportunity to live freely, speak
their language, and practice their culture and religion. For Serbs, in
particular, there is a fear that if they are referred to as 'minorities' in Kosovo
at the same time, they admit that Kosovo is an independent state (as Serbs
are not a minority in Serbia as a whole country). For this reason, the term
'community' is most frequently used in Kosovo, and this is the term used
for the rights conferred by the Constitutional Framework. However, the
term 'minority' is the most objective term. This term refers to a group based
on nationality, ethnicity, language or religion that is minority in a
particular location. In the Eighth Assessment of the Situation of Kosovo's
Minorities in Kosovo, the OSCE and the United Nations High
Commissioner for Refugees (UNHCR) said:
'Although aware of the ever-increasing complexity and sensitivity surrounding
minority issues and aware of the tendency for local communities to speak as
opposed to minorities, we have maintained the structure and terminology of
previous reports. This is not done by non-susceptibility but due to efficiency.
Therefore, we continue to use the term "minority", since use simply refers to any
community living in a situation where they are numerical minorities in relation to
the communities that surround them. As such, the term is applicable to Kosovo
Serbs in Gracanica / Ulpiana as well as for Kosovo Albanians in northern
Mitrovica. '
This is a fully-fledged approach in Kosovo. The terms 'minority' and
'minority rights' are needed when a particular ethnic, religious or racial
group lacks power, usually being a numerical minority in the area where
government power lies. In Kosovo this means that any other group except
Albanians is a minority. Albanians are a minority in Kosovo Serb-
dominated areas, such as the three northern municipalities, the north of
Mitrovica and the south of the Shterpce municipality (UNHCR / OSBE,
2010).
2.1. Serbian minority
As noted above, Serbs have lived in Kosovo for centuries. Kosovo has a
special significance for Serbs due to the monasteries and legends related to
the battle of 1389. Serbs, however, have for many years been a numerical
minority in Kosovo. In some parts of Kosovo, Serbs formed a majority,
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including three municipalities in the north, Štrpce / Shtërpcë municipality
in the south and the town of Fushë Kosovë / Kosovo Polje near Pristina in
the center.
2.2. Roma minority
It is believed that the Roma have come to the Balkans in the 13th
century. They can be found throughout Kosovo and most of them are non-
existent. Some of them have accepted Islam, and some have become
Orthodox Christians. Some of them (mostly Muslim) have accepted
Albanian as their first language, some Serbo-Croat, while others have
preserved the Roma language. From the 1990s onwards, there was a clear
division of Roma into three self-identified groups.
Under the Ottoman Empire, a large number of Slavic speakers (mostly
Serbian-Croat) accepted Islam. They formed the majority of the republic of
Bosnia and Herzegovina, and the Sandzak region in Serbia and
Montenegro immediately in the north of Kosovo. The group was
recognized as a national identification by Yugoslavia in 1961, with an
enumeration category of 'Muslims by ethnic meaning'. During the Bosnian
war in the 1990s, the term 'Bosniak' was adopted for this group, while the
Bosnian language was promoted as different from the Serbian and Croatian
languages (UNHCR / OSBE, 2010).
2.3. Gorani minority
The Gorani community located in the mountainous region of Gora in the
south-west, which is certainly the farthest region of Kosovo, are also
Muslims and Slavs, but different from the Bosniaks. In 1999, there were
about 12,000 Gorani counted, while smaller communities were located in
the largest cities in Kosovo.
From 1450 to 1912, Kosovo was governed by the Ottoman Empire and
the language of the government was Turkish. Many Turks have fled to
Turkey to escape war or unemployment. The critical issue for Turks has
been the recognition and protection of their language.
2.4. Albanian minority
Albanians for a considerable period have been a majority in Kosovo.
However, they have been a minority in Serbia as a whole country and have
suffered from policies aimed at reducing their number and influence in
Kosovo, culminating in the removal of their political power in 1989, the loss
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of labor and the linguistic rights, and ethnic cleansing in March-June 1999.
With the removal of the FRY authorities in June 1999, Albanians again
came to power in Kosovo. However, they have been or have become a
minority in Serb-dominated areas, including the three northern
municipalities, the north of Mitrovica and the Shtërpcë / Shtërpcë
Municipality in the south. In areas where Albanians are a minority, they
have often experienced problems similar to those of minorities in other
parts of Kosovo (including expulsion from their homes, discrimination and
restrictions on the use of their language).
3. Security issues
In Kosovo, the critical issue for most minorities has been daily security.
Organized violence, harassment and attacks on property have started since
the beginning of the international administration and have continued to
date. Minorities do not feel adequately protected by the authorities in
Kosovo. Systematic and organized ethnic cleansing took place in 1999 and
2004, but all the time constant uncertainty has been chronic. What is critical
is not just the current uncertainty but also the perception of minorities as to
whether they can be adequately protected.
When we consider the issue of security over the years it can be said that
it has come bombarded. After the first wave of attacks in 1999, authorities
stopped with a reduction by the end of 1999. This was followed by another
demonstration of violence in February 2000, following an UNHCR bus
attack on minorities. Later that year, the number of attacks fell, marking a
success. Once again, this was followed by a new wave of attacks on
minorities, mainly with the shelling of the "Niš express" bus that carried
Serbs in February 2001, in which 10 people were killed. A further reduction
of violence in 2003 ended with attacks in March 2004 as outlined above. It
seems that during this period various attacks have been organized. No one
can speak for a normal situation any time, having minorities that feel
adequately safe and protected (USAID, 2012).
In addition to the daily fears that have been caused to minorities forcing
them to leave their homes and, if left in Kosovo, gathered in mono-ethnic
enclaves, a critical result was the restriction on the freedom of movement.
Minorities were afraid to move freely, and they needed escorts to do so.
Again, in addition to the violation of the fundamental rights, this has made
it difficult for them to access employment and services, including health,
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education and social assistance. For nearly seven years, international
authorities have been unable to find policies that will lead to a permanent
and lasting increase in the security of minorities. Responses are hampered
by the lack of security co-ordination and confusing responsibility.
Following the end of the 1999 conflict, overall development and
accountability for public order and security sector in Kosovo was largely in
the hands of the international military presence. The role of the Special
Representative of the Secretary-General (SRSG) and the powers granted
under Resolution 1244 paved the way for the establishment of the First
Pillar of UNMIK, covering security and justice sectors in Kosovo.
Specifically, the overall responsibility for the establishment and monitoring
of security institutions in Kosovo remained in the hands of the SRSG and
UNMIK (Qehaja, F., (KCSS), 2010).
In 1999-2000, a critical issue was the failure of all states to provide
adequate police - UNMIK police did not get full of staff until the end of
2000. As noted above, KFOR did not become a subject of civil control,
therefore he operated independently. At the same time, and apparently this
has been critical, for years, Kosovars have not been given responsibility for
security. The Kosovo Police Service was soon established and has a good
minority recruitment file. However, the passage of power to this body has
proceeded quite slowly. UNMIK has kept direct control over security
(police) and justice, even after the establishment of the IPVS. Similarly, the
establishment of a justice system has required a very long time (UNMIK,
2000).
It is therefore not surprising that the authorities’ response to the needs
of minorities has been non-existent. KFOR, which consists of armies, and
not police forces, initially provided control posts, patrols and escorts. This
was requested by the minorities. Efforts have been made to deal with the
issue of freedom of movement by raising new paths and for a period of
time, UNHCR has been running a bus service for minorities. Later,
however, KFOR removed most of its permanent installations since the
number of troops was reduced.
3.1. Security measures
Some new laws have been adopted in an effort to address ethnic hatred
and make accusations easier. The first regulation to ban the promotion of
racial hatred is however rarely used, as it is considered that it is not drafted
properly. It seems that UNMIK has not used any of the many available
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models in the rest of Europe. The Temporary Media Commissioner in
Kosovo has not taken action to punish newspapers for racial hatred, but
again there appears to be no coordinated approach (Vrajolli, M., (KCSS),
2010).
The effect of the military measures undertaken has been made to
reinforce segregation. Unless the goal is for Kosovo to be eternally divided
into armed camps, measures that separate communities can not be more
than just a temporary solution. Current problems should be addressed but
so far they have not been addressed. And most importantly, apart from the
great evidence of the organized nature of ethnic cleansing and violence, no
leader has been persecuted. While only a few people have been prosecuted
for attacking minorities, these measures have been of a low level. The
approach seems to have been to appoint those in power who have been
accused of organizing violence. Since 1999, there have been assumptions
that attempts to investigate and arrest high figures in Kosovo have been
prevented for political reasons.
The Kosovo Declaration of Independence on 17 February 2008 sparked a
series of dangerous events in Serbia. The nationalists' anger over the loss of
a province considered the cradle of Serbian culture and religion appeared
in public demonstrations and in some cases of violence, including attacks
on embassies and western businesses. During a rally in Belgrade on
February 21, 2008, several hundred individuals were diverted from the rest
of the crowd to attack policemen and journalists. Attacks on embassies and
clashes in Belgrade were widely transmitted by foreign and local media.
However, what largely escalated the attention of the media was the
threatening and harassing actions faced by Serb ethnic Albanians, but
especially in the province of Vojvodina in the coming days (Human Right
Watch, 2009).
In February and March 2008, Police registered 221 incidents related to
Kosovo protests, including those that did not have ethnic motivation, of
which 190 occurred in Vojvodina, damaging mostly Albanian-owned
businesses and homes many of them these incidents resulted in damage
caused by criminals such as broken glass and tentacled arson, splashing
with inscriptions that contained hatred, threatening protests in front of
apartments and businesses, in one case an Albanian-owned boycott and
distribution of leaflets feed.
This kind of violence against minorities is not new to Serbia. Especially
ethnic Albanians have been affected, especially when developments in
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Kosovo were accompanied by tensions. They have been targeted, for
example, in 1999, during the NATO bombing campaign. A wave of
violence involving attacks on minority-owned businesses and mosques
appeared between the end of 2003 and 2005 to reach the peak in March
2004 when nationalist sentiments responded to the anti-Serbian riots.
One of the most important goals of a peace operation in post-war
societies is to establish conditions for a sustainable security. Therefore,
building a sustainable peace is a necessity to build: human security, a
concept that includes democratic governance, human rights, order and
justice, sustainable development, etc. Moreover, the importance of having a
precondition for the development of a society, more than 70 of about 190
states in the international system, are vulnerable to so-called "failed state"
syndrome due to a security gap that reigns within them. In the wake of
these statements, it will not be too hard to conclude that security represents
the essential prerequisite for building and developing state capacities in a
society that is under the conditions of its fragility.
But what matters most to be analyzed refers to how the international
community and these societies themselves will be able to manage this
sector so that it can serve as an essential prerequisite for the overall
development of these societies. When we are in the context of state-
building in Kosovo, it is very important to analyze how the international
community has managed the foreign and internal security sector in Kosovo
in the post-war emergency period and how it later influenced reforming
the security system in general.
The task of providing security in post-war Kosovo was divided between
four security mechanisms: NATO troops (KFOR), which were responsible
for general order and security on the basis of Resolution 1244 and a
bilateral agreement with Belgrade (Technical Co-operative Agreement of
Kumanovo - MTA); UNMIK Civilian Police (CIVPOL), in cooperation with
the local Kosovo Police Service (KPS) structure, as well as the Kosovo
Protection Corps (KPC).
As a result of constant hostilities and political disagreements between
the Albanian and Serbian populations, northern Kosovo has seen an
informal process of separation and unwillingness of local communities to
cooperate with foreign parties. The unsuccessful efforts of Kosovo's
institutions and the international administration to facilitate the process of
development in the region have resulted in the deepening of this de facto
partition of the north with Serb majority population from the rest of
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Kosovo, and have placed themselves in the center of attention throughout
Kosovo the perceived political struggle between Serbs and Albanians. For
people living in northern Kosovo, these unresolved issues and the
ambiguous institutional framework imply that they are continuing to face
insecurity and weak rule of law (Saferworld, 2013).
4. Interethnic dialogue and dealing with the past
Recent data shows that there continues to be division between
communities, between Kosovo Albanians and Kosovo Serbs in particular.
The last two years, significant from the progress of the Belgrade-Pristina
dialogue facilitated by the European Union (Brussels Dialogue), have
shown a more positive climate for promoting tolerance and diversity
between communities, and between Kosovo Albanians and Kosovo Serbs.
The integration of four Serb-majority northern Kosovo municipalities into
Kosovo's institutional structures and the associated accompanying
participation of Kosovo Serbs in these institutions are important indicators
of progress in inter-ethnic relations. Despite the improved climate and the
legal commitment to "promoting a peaceful spirit, tolerance, intercultural
and interreligious dialogue and supporting reconciliation between
communities", institutional efforts to promote tolerance and diversity
among different communities in Kosovo are largely dependent on donors.
At the central level, the greatest achievement to date is the establishment
of a working group on dealing with the past and reconciliation, chaired by
the Prime Minister's Office and members of a number of ministries and
civil society organizations. Although formally established in June 2012, the
working group has not met regularly and has made minimal progress in
developing the Transitional Justice Strategy, as well as having problems in
terms of the very limited representation of communities (the participation
of Serbs living in Kosovo is usually limited to one participant). As of June
30, 2015, the working group has failed to agree on the time frame that the
strategy should cover, despite the considerable support and
encouragement provided by the United Nations Development Program
(UNDP) project, and specifically designed to support the group (The
Global Development Research Center, 2016).
At the municipal level, there has been little systematic effort to bring
communities closer. Officially supported interaction tends to be limited to
the participation of community representatives with specific functions in
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municipal bodies, with relevant mandates for community protection at
local level, such as community committees (MAs) that function as part of
municipal assemblies. In general, despite the progress achieved by OSCE
field monitoring, the Vice Presidents for Communities (NKK) and Deputy
Municipal Assembly Committees (MOCRs) still do not fully respond to
their role and mandate to promote inter-ethnic dialogue through limited
engagement.
The tensions between communities regarding the return of displaced
persons continue to be repeated. Reception communities in different
locations continue to express opposition to the return or reintegration of
displaced persons as well as to religious pilgrimage of displaced persons
and visits to cemeteries in some municipalities. Monitoring by the OSCE
shows in the majority of cases limited municipal efforts to address these
tensions and build trust. In this endeavor, the political co-operation of the
Mayors of Mitrovica North and South Mitrovica is included in order to
address the tensions in Kroi i Vitakut, a contested land of ethnically mixed
return located in the administrative border area of these two municipalities.
This led to the establishment of a working group in June 2015, one of the
three established in Kosovo with support from the central level, in order to
improve the relations between communities in countries where returns are
difficult.
However, through its monitoring, the OSCE has identified several
initiatives implemented by mayors. In May 2015, with OSCE support, the
mayors of the municipalities of Strpce, Ferizaj and Klokot signed a joint
statement to promote inter-ethnic dialogue and appointed officials for co-
operation in implementing activities in 2015 and 2016 with municipal
funding. This declaration of cooperation between these three municipalities
came as a follow-up to the first initiative, agreement and declaration of
2013 between the municipalities of Gjilan, Kamenica, Novo Brdo and
Ranilug, which supported some not very large activities. Another positive
example, though again after international support, was the Memorandum
of Understanding signed between the municipality of Suva Reka and the
International Organization for Migration for the implementation of a return
project and activities related to dialogue in the village of Mushtishtë.
Kosovo's media are still ethnically polarized, often biased and
incomplete, as well as based on the use of sources of journalists that are
limited to their communities. Problems of this nature are also added to the
language barrier that is a significant obstacle to improving perceptions and
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relationships between communities, a matter related to the fact that the
media often do not engage employees from different communities.
Despite the fact that political instability is a common denominator of the
countries many challenges regarding its human security, institutions and
people in general still lack a sense of security beyond the traditional /
realistic viewpoint and are therefore not accepting the correlation of
directly negative that political instability has with their human security. In
this sense, Kosovo's institutions and society in general focus on security
issues that are largely of a traditional understanding, such as the military,
police and intelligence, and are less or less focused on issues related to
human and social security, so important for national security, especially for
a country of the size of Kosovo. The concept of human security includes a
number of different factors, including economic, health, food, political,
community, environmental and personal security.
According to (Annan, K., 2001): "Human security, in its wider sense,
embraces much more than the lack of violent conflict, including human rights,
good governance, access to education and health care, and each individual has the
opportunity and the choice to fulfill his or her potential. Every step in this direction
is also a major step towards reducing poverty, achieving economic growth and
preventing conflict. Freedom from Desire, Freedom from Freedom and Freedom of
future generations to inherit a healthy natural environment - these are the
interconnected blocks that build human security - and consequently the national
one." (Annan, K., 2001). Although the focus of human security differs from
that of the national security, both are closely linked. Human security is very
important not only for the country's well-being, but also for national
security, stability and overall development.
Much of the focus on security issues in Kosovo has been focused on the
creation of the Armed Forces of Kosovo and the prevention of
radicalization and violent extremism. Focusing only on these two aspects of
security has allowed ignorance of serious fundamental issues for human
security and social security in the country, which, if not dealt with, pose a
serious threat to national security as a whole. The lack of economic growth
and opportunities for Kosovo's citizens has become a serious challenge in
consolidating Kosovo as a stable state. National security and access to
opposing violent extremism has so far failed to address one of the key
potential issues for Kosovo, the identity crisis of a largely new population
that is overloaded with information and change in an environment that has
not provided proper support (Coleman, 2016).
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While the goal of a new country such as Kosovo must be to make a state
capable and ready to fulfill its duties and obligations towards its citizens,
Kosovo remains major deficiencies in various areas related to human
security citizens of Kosovo. These shortcomings make Kosovar citizens
even more vulnerable, especially in an environment where political
stability is at the worst level and where early elections seem to plummet
almost every government mandate, making Kosovo's progress even more
inadequate (Kabashi-Rama, B., 2007).
International practices in cases of conflict within the state, such as
Kosovo, pose problems. Conflicts within the state represent an anomaly in
the traditional normative framework of the international order. As the case
of Kosovo showed, the concept based on the sovereignty and territorial
inviolability of the state revealed that they were detrimental, because
human values were sacrificed for their sake. International efforts to
maintain the existing normative system through the policy of derecognition
can give value to the war if the claims of various ethnic groups of self-
determination face constant oppression and rape. War threatens to become
a threat to international order by affecting not only the state concerned, but
all the countries in the region. Attempts to maintain order can produce
opposite effects, namely war and lack of order (Saferworld, 2013).
According to (White, G., 2007): "recognizing the right of another nation for
independence may not be the primary problem, recognition is refused to prevent an
even more difficult problem: Which nation receives which territory as part of the
declaration of independence?" In today's normative framework, the answer is
defined in uti possidetis terms. The applicability of this principle is
intended to challenge divisive arguments based on ethnicity and
exclusivity. A sense of the world with "states acting as strongholds for
mutually exclusive identities" and "sovereignty as the foundation of social
relationships between them is in practice misleading because it does not take into
account the consequences of state action on its people".
Moreover, this framework inspires Serbia to continue the policy of not
recognizing Kosovo's independence and even make all efforts to cancel it.
The traditional normative framework remains exclusive and perpetuates
patterns of exploitation, alienation or discrimination that create sources for
conflict, and consequently create grounds for breaking the international
order. The Kosovo case continues to bring diverse evidence to support this
argument. Even today, the non-recognition of Kosovo's independence from
Serbia, the ambiguity and slowness that still accompanies the process of
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recognizing Kosovo's independence is likely to pave the way for a future
failure of international diplomacy to consolidate the new state of Kosovo
and in addition to maintaining peace and stability in the region.
5. The impact of ethnic conflicts on Kosovo's transition
Kosovo has experienced a complex conflict of conflict and mistrust
between ethnic groups and state structures. The chain of conflicts in this
region has attracted considerable international attention. Therefore,
Kosovo, after its independence, has had to face more problems which
became even more distinct with the decision and aspiration to join the
European Union. Lack of stability and poor state security structures have
created a security vacuum. Numerous international actors have been
involved directly and indirectly through various missions and programs in
order to bring lasting and stable stability to Kosovo. The war between 1998
and 1999 (often referred to as armed conflict) initially between Serbia (its
military and police structures) and ethnic Albanians (armed formations),
and later between Serbia and NATO and the Kosovo Liberation Army
(KLA), left Kosovo largely destroyed and damaged. Therefore, while other
countries in the region were transitioning, Kosovo and its society were in a
post-conflict period (Kosovar Center for Security Studies, 2013).
Membership aspirations and EU prospects along with EU assistance
have created the basis for regional, political and socio-economic
development cooperation. Kosovo is facing serious challenges in terms of
weak rule of law, interethnic tensions and lack of regional co-operation,
especially in the security sector. Having a comprehensive security sector
and greater regional cooperation is seen as a stabilizing mechanism, first
being able to provide security for citizens and ensuring that the region will
not become a security challenge for the European Union (European
Commission, 2013).
In the case of Kosovo, it is quite clear that certain processes are dragging
on due to its assigned international position. On its path to the EU, Kosovo
is also challenged by states that do not recognize (five member states) its
independence. Therefore, although European support in general was great
and covered reconstruction, institution building, or support for rule of law
and security through the world's largest civilian mission to date, Kosovo is
undergoing reforms that other states in the region have already
implemented them. In particular, this refers to visa liberalization efforts, a
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process closely related to border control and the management of illegal
immigration. (Zupančić, R., 2009)
Over the past decade, the international community has invested
considerable resources in reconstructing and maintaining peace in Kosovo.
Due to political developments in Kosovo, the presence and contribution of
the international community in the country is divided into two main
phases: the first period covering the years 1999 and 2007 and the second
period between 2008-2013 covering developments following the declaration
of independence. Therefore, the role and involvement of the European
Union in Kosovo are also shaped and reflected in these two key phases.
During 1999-2007, Kosovo has received donations of 3.5 billion euros,
two thirds of which came from the European Commission and EU member
states. In the period after independence, during 2009-2011, the European
Commission has allocated 508 million euros. In general, Kosovo is
considered to be the largest recipient of EU assistance (per capita) around
the world. However, in the pre-independence period (1999-2007), the EU
was not involved or was a little involved in developing the security sector
in Kosovo. With the declaration of independence in 2007 and the
establishment of the European Union Rule of Law Mission in Kosovo
(EULEX), the EU's involvement and role in the rule of law sector was
deepened.
Despite strong assistance and cooperation between the EU and local
authorities, progress in advancing the rule of law and developments in
combating corruption and organized crime remains very low. Although
EULEX has been shown to face less challenges in overseeing and assisting
the security sector (police, judiciary and customs), the fight against
corruption and organized crime remain the biggest enemies of Kosovo. The
fact that EULEX has failed to ensure successful capacity in the justice sector
can be the strongest reason why citizens have lost their faith in this mission.
This is reflected in the perception of citizens according to the latest survey
conducted by KCSS, where only 33% of respondents were satisfied with the
work of EULEX (Kosovo Center for Security Studies, 2013).
The degree of the proliferation of integration processes and
globalization that has included the world and all peoples in virtually all
spheres of life has made the qualification of problems and conflicts of
different kinds as "internal affairs" to appear not only absurd but also
qualify as non-democratic and non-human, and as a result, action and
response to these conflicts has almost always been a global response. This
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action, which is guaranteed by the UN Charter, has not only the moral
legitimacy as it is characterized by many opponents of democracy, but also
legal and democratic, supported and guaranteed in international
institutions. The issue of Kosovo strongly demonstrates this fact.
Even in post-war Kosovo and after Kosovo's declaration of
independence, the Kosovo Government's commitments to Euro-Atlantic
integration have been in the first place, this is best evidenced by the
approval of the Kosovo Constitution, which guarantees all communities are
not encountered in any constitution of any other country.The engagement
in the Kosovo-Serbia dialogue initiated and mediated by the EU where the
Kosovo side is committed to solving the problems in the north of the
country on the European and integration paths proves that Kosovo
excludes violence as a means of resolving conflicts by serving only by
peaceful methods and through negotiations.Arritation of eventual
agreement with Serbian side even further opens way to Kosovo towards
EU integrations
6. Conclusion
One of the key priorities for Kosovo, which can create stability in the
new state of the Western Balkans and which should be the goal of
politicians, experts and citizens of Kosovo, is the complex and sustainable
prevention of conflict at all the spheres of political, economic, social and
cultural life. (Kouchner, B., 1999) wrote: "If ethnic hatred triumphs, then
everything that people of good will in Kosovo and their friends in the international
community have fought over the past years would have been hopeless."
The situation of minorities in Kosovo today is not as it should be.
Authorities have not been able to provide the primary protection, that of
minorities, so that they have the opportunity to live and practice their way
of life in security. After many years, minorities are still displaced, unable to
live in their homes. Kosovo is a segregated society without a vision for
integration or a clear plan for ending discrimination. Minorities largely
remain helpless to affect the decisions that matter.
Lessons learned from these last years strongly argue a different
approach that will lead to the end of segregation in Kosovo. Negotiations
on future status should lead to a breach of ethnic conflicts in Kosovo, and
to guarantee true equality for all, and the right to live freely and to practice
their language, religion and culture. Unless a radical change is made, the
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history of the international protectorate will become a major failure of the
international community's ability, particularly the UN, to manage post-
conflict situations and to create a long-term solution to ethnic problems.
The international community as a whole supports Kosovo's transition to
a contemporary state. However, it is promising that an important part of
the international community supports this state of the country, with the
overwhelming majority of the EU, the United States, and some other
important players, is a good starting point for Kosovo. The EU (EULEX),
though having legal and moral status questioned in several parts of
Kosovo, has managed to develop a structural approach to conflict
prevention, but it remains for Kosovo to decide whether or not to use them.
The operational conflict prevention so far has managed to prevent new
bloody episodes in the Western Balkans, but the success of structural
conflict prevention will be the key to Kosovo's failure or success.
It would be pretentious to advise the political elites in Kosovo on which
conflict prevention strategies to use. It is up to them to choose and decide
on the approach, based on the political, economic, social and cultural
specificities of the new political realities in the Western Balkans. It will be
their merit to harvest the fruits of the successful transition and the peaceful
coexistence of their peoples, as if it were to be responsible for the possible
failure. It is true that what they inherited (de jure with the declaration of
independence, and de facto since 1999 when the international community's
protectorate was established) is not to be envied.
It is also vital to adopt a security concept that is most appropriate to the
current global security environment and combines the traditional realistic
security viewpoint and the importance of state threats with a wider
security concept today consider the threats to the people. In this way,
addressing human security, the greatest priority will be given to people
and their well-being, while simultaneously reducing a domestic threat to
the state, as the primary agent in international relations, enhancing the
prospect of stability, peace and order.
However, none of the aforementioned can begin to occur without the
necessary political stability. In this sense, it is the responsibility of Kosovo's
political leaders to gain a mentality in the short term that focuses more on
what Kosovo and its people really need and what is vital to the survival
and self-reliance of this country than the interest of the political parties to
which they belong. In the short term, only a conscious decision to shift
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political thinking can break the vicious cycle of political instability that has
overtaken Kosovo.
The concept of security as a whole needs to be revised and redefined in
order to reflect the world as it is today. This may also mean that the role of
the state should be considered in the light of these changes. What is
certainly clear, theoretically and in practice, is that national security is
related to human security and that the security of human security and the
social security of the population must be safeguarded to preserve the state
of national security. This means that people who live within a state need to
be provided with space and means to meet their human security needs and
to preserve their ethnic, cultural, religious and national identities, such as a
way to preserve national security.
In this sense, the responsibility for providing such space and tools falls
on the political leaders in the country, whose ultimate responsibility as
elected officials must be to care for the needs of the population they are
elected to represent. Moreover, their political decisions should also be
based on setting appropriate priorities, beginning with how their political
decisions will affect the people they are intended to represent before
thinking of how will affect their political agendas.
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