CONTENTS:
MALIQI: REFLECTIONS REGARDING THE PROPOSAL
OF CONFEDERACY
BALKANS POLICY - BIGGEST SUCCESS OF AMERICAN FOREIGN
POLITICS
THE BEGINNING PROCESS IN SOLVING THE KOSOVO ISSUE
THE
BEGINNING PROCESS IN SOLVING THE KOSOVO ISSUE
HAEKKERUP: FIRST THING
DEFINITION OF LEGAL FRAME WORK
VIOLENCE IS DAMAGING KOSOVO'S IMAGE IN
THE WORLD
VIOLENCE IS DAMAGING KOSOVO'S IMAGE IN THE WORLD
THE
DE-MINING OF PRESEVO VALLEY
KOSOVO'S IMAGE ONCE VERY POSITIVE, TODAY
VERY NEGATIVE
A MEETING FOR THE GOOD OF KOSOVO'S FUTURE
MALIQI: REFLECTIONS REGARDING THE PROPOSAL OF CONFEDERACY
Koha Ditore on page ten carried a commentary by Shkelzen Maliqi, in which he commented on the recent proposal by UN SG Kofi Annan for a confederacy between Serbia, Montenegro and Kosovo. Maliqi wrote:
"Kofi Annan, United Nations Secretary General, presented a proposal for solving the status of Yugoslavia, which includes a solution for Kosovo, too. He said work should be done in creating a confederacy between three units Serbia, Montenegro, and Kosovo. Sometime ago, Karl Bildt, Annan's special envoy for the Balkans had a similar proposal but with a slight difference because Bildt's proposal foresaw a wider confederacy, with other entities of the region.
In both proposals, the reactions from Balkan countries were mainly negative and opposing. In Kosovar papers, we can read even today news such as: No form of co-existence with Serbian is possible. Kosovo must be independent. This is known, and it is usually said that the confederacy project does not even deserve beforehand consideration. The conclusion is often suggested: do not even bring that up, it is a vain and unrealized idea.
However, the burden of the UN Secretary General declaring himself for a confederacy is not the same as the previous. First of all, Kofi Annan is not a nonsense-talking figure. The organization which he heads has great engagements and worries in the region, including the difficult mission in Kosovo, where a fast way out of the crisis is sought after. Even the super powers are seeking a way out. Annan's statement, in this context, should be a pre-announcement of a coordinated plan, which would define the possible framework to solving the issue of Kosovo, within regional solutions. And this supposal almost obliges us to seriously consider the idea, regardless of the fact whether we agree with it or not.
First of all, we should start by explaining the notion confederacy, since there are misunderstandings and misinterpretations surrounding it. These should be explained at least conceptually, so that the discussion on Annan and Bildt's proposals is done calmly and with another approach. It should be known what is really being proposed and what is consequently being refused.
We are asked what does the state theory for the
notion of confederacy?
Which is the true content of this notion?
In the beginning, it should be concluded that the confederacy is not a political concept. Confederacies do not exist in the political reality and state regulations ever since the 19th century. The last confederacy was that of German states, which has turned into a federacy for sometime now. Before that, there were also two confederacies which are considered as classic confederacies, that of Switzerland and that of the U.S., which have also turned into federacy.
According to practice, and even in theory examinations, a confederacy is considered as an interim regulation which usually turns into a federacy or a united state. There were no opposite cases when a federacy would turn into a confederacy. Only the Yugoslavia of 1974, which was a mixture of federative and confederative elements, gives a half-example of the dissolution of such states. In fact, now it is considered that neither federations can be stable creations, which is illustrated with the dissolution of countries such as the USSR, Czechoslovakia and Yugoslavia. Now even the rump Yugoslavia, the federacy of Serbia and Montenegro, are in the process of dissolution.
Let us now return to the notion of confederacy. The source meaning of confederacy is that it presents a link or a relatively fragile union between two or more sovereign countries. States that create confederative connections should have their own statehood, therefore sovereign, and even if they are linked their alliance is limited in several issues which they consider important and of joint interest. Usually, connections are motivated by the need of joint protection, but one can imagine other connections of interest, of an economic pact, or in the domain of foreign policy, etc.
In all other issues, states that set up confederative relations among each other in both theory and practice are considered as independent and sovereign.
In practice, member countries are not obliged to respect the joint functions which motivated the confederative pact, since the confederacies do not have executive bodies, assemblies and a joint and obligatory legislation. Confederacies usually have only one joint body, the gathering of member countries, where every state has an equal vote and the right of veto.
In principle, a confederacy should be more fragile than the union of countries, for example, in case of the Dayton Agreement's Bosnia, which was conceived as a unity of states with huge state inherencies, but which also has joint bodies that undertake decisions obligatory for member countries.
The confederative pact for joint defense does not imply the creation of a joint army, but only the coordination of defending functions of armies of member countries, which their own armies, defense ministries and separate commands.
The European Union can be considered a kind a modern confederacy where all member countries are sovereign but have created multiple connections between each other in the aspects they considered as having joint interest. The European Union is presented as a powerful entity in international politics, which surpasses the classical concept of confederacy. At the same time, it is also a little bit less than a classical confederacy. The tendency is that to turn the European Union into a federacy, or the united states of Europe with a strengthened executive and with a joint defense and foreign policy.
Theory says that the confederacies are not stable creations, but interim, and that they lead towards the dissolution of sovereign countries or a joint state (the case of three classical confederacies: Switzerland, the U.S. and Germany) or towards dissolution.
Even Annan's proposal to create a confederacy between Serbia, Montenegro and Kosovo should be understood as an effort for finding a transitional solution, for a certain period, until conditions are created for a more withstanding solution. There can be an immediate confederative agreement between Serbia and Montenegro. It is supposed that this solution could be acceptable for the majority of the Montenegrin people, whereas sworn separatists which want the full independence of Montenegro are considered to be a minority. It is understood, I say this based on the results of polls, and the real declaration could be defined only through referendum.
As for Kosovo, it is a whole different matter. In order to reach a confederative agreement, not only Kosovo would be a problem given the current opposing by Albanians which cannot imagine even the most fragile connection with Serbia. Serbia, which with this project is challenged to agree with losing the sovereignty over Kosovo, also presents a problem in this aspect. This comes from the fact that Kosovo should have preliminary created its state, in order to enter confederative relations with Serbia and Montenegro. There should be a minute of theoretical and practical independence of Kosovo, with full structures of a sovereign state and declaration through referendum, in order to sign the contract between country members of the confederacy proposed by Kofi Annan. Based on the current conditions, such an act of agreement cannot be imagined today.
The process of confederating relations between Kosovo, Serbia and Montenegro will be gradual, if it will be accepted and implemented as such. In this case, the confederacy agreement could be reached from a situation where Kosovo would remain under KFOR's protectorate and protection (or NATO's to be more precise) until the time comes for an international conference in which there would be a preliminary agreement of a confederative regulation, and where Kosovo would have the status of a half-protectorate, with NATO troops in the defending function, while the state of Kosovo and its complete functions would be strengthened, and where the Kosovo Parliament would ratify the preliminary confederative agreement. It is supposed that the entire process would require a certain period of time, at least 5 to 10 years, and maybe even more.
In the meantime, the confederative agreement could be extended with new members as well, first of all the Union of Bosnia, Macedonia and Albania, and maybe even Croatia, like Karl Bildt said.
This six or seven-member confederacy would be understood as a transitional creation for achieving another essential goal, and this to link this structure with the United Europe. Therefore, the interim creation would reach a special agreement with the European Union, which would consider the confederacy as a competitive entity for integration in the United Europe.
At first sight, the project can seem as a new unrealizable utopia. As long as the European Union is not unique and determined for the future of the continent, the offer can seem like trickery similar to one of communism. However, the rational core of this project rests on the fact that it would offer solution to a series of open national issues, which could not be solved in a different way and which would keep the region in tensions and with threats of new wars.
The proposed confederacy offers would first of all help the solution of the Albanian, Serb and Croat issue. On one hand it would strengthen the state and administrative entity of the existing units which have derived with the dissolution of Yugoslavia, whereas on the other hand it would provide a relative aspect to the frontiers and communications in the level of national connections, not only cultural and economical, but political as well.
For example, Kosovo would have state structures with complete internal inherencies, contacts and natural connections with Albania, as well as representation in all joint European structures.
It is understood, that this analysis is related to a project, which as such has not yet been compiled by any official instance, but it is outlined as a construction of unofficial projects and expertise of institutions which have to do with the future of the Balkans and Europe. I do not consider myself a prophet and I cannot say that this project will be realized by all means. However, in some important segments, it is imposed as the most pragmatic solution for the time being, in which the superpowers see the possibility of moving the problems from regional inherited quarrels, which would at least enable the creation of a system of stability and better security.
Whereas, the vision of a United Europe can be a stimulator for the two parties, both the European Union and the countries which do not fulfill the conditions for membership but which see their future in the united European home."
BALKANS POLICY - BIGGEST SUCCESS OF AMERICAN FOREIGN POLITICS
US Secretary of State Madeline Albright comments the work done by the Clinton Administration reported Koha Ditore on page two.
The current US Administration has continued American Foreign Politics, which was set up by President George Bush and the new administration will continue current foreign politics evaluated on Wednesday US Secretary of State Madeline Albright.
She assessed that "the Balkan politics" were the biggest success of the Clinton Administration. "As a result of our commitment there is peace there. That peace has to be strengthened and developments have to be closely followed in Serbia, Kosovo, Montenegro and Bosnia and Herzegovina. It is also essential that the new democratic regime in Croatia is supported," said Albright.
"A great deal has still to be done, many difficulties have been removed and close watch has to be kept," added Albright. She also mentioned the problems in the Far East and relations with China and Russia.
She emphasized that his predecessor Colin Powell will have better financial conditions because the 2001 budget expenses for American diplomacy has risen for 17%.
THE BEGINNING PROCESS IN SOLVING THE KOSOVO ISSUE
Blerim Shala comments the latest Kofi Annan proposal in solving the Kosovo issue, reports Zëri on page five.
Since the end of the war in Kosovo UN Secretary General Kofi Annan has not had a more clear and significant presentation on the Kosovo issue. In his address to the media Kofi Annan pre-announced that next year the issue of as he called "the constitutional definitions regarding Serbia, Montenegro and Kosovo" could be opened and secondly he said to the media that he is for a confederacy between Kosovo, Montenegro and Serbia.
Anna's position being a very important and key
figure in the UN hierarchy has a considerable weight. Annan is evaluated
as politically prudent man and this statement was not made for
modification of the arguments for and against going public with the
position. Anna's message cannot be lightly reject by international
community, Prishtina, Belgrade nor Podgorica.
Annan's potion is that
2001 will be very important in solving three issue that are a part of the
epilogue of the FRY crisis: The Kosovo issue, Montenegro and FRY or
Serbia. Until now there were no official presentations by high
international officials nor were there any signs for such thing. On the
contrary, every time there was mentioning of the final status for Kosovo,
which obligations are under UN Security Council Resolution 1244, and the
October changes in Serbia there was emphasis that this issue would
initiated after several years of strengthening democratic processes in
Serbia and Kosovo. It looks like Annan is not lonely in concluding that
2001 will be important in developments in the triangle
Kosovo-Montenegro-Serbia. He is the first to publicly state his position
which came as conclusion of not very deep analysis of the reports in this
part of the Balkans. It is known that relations between Montenegro and
Serbia will be defined in middle of next year. At the same time Serbian
government should emerge strong which will derive from the 23 December,
elections and general elections should be held in Kosovo, which will
result in creating executive, and judicial structures in Kosovo. These
elements are to create quality circumstances for opening of the process
for solving the above-mentioned issues. Belgrade and Prishtina will make
legitimate negotiating partners, while the report between Belgrade and
Podgorica developments are awaited that would bring the finish to the
federal coexistence of a state of Serbia and Montenegro.
The proposal made by Kofi Annan for a confederacy between Kosovo, Montenegro and Serbia has given support to the analysis suggestions made by Karl Bildt UN special envoy for the Balkans. Before the changes in Serbia Bildt tried to proclaim possible scenarios of solving the Kosovo issue after Milosevic's downfall. He released a document in which he favored a fragile tie between Republics of Kosovo, Serbia and Montenegro. It looks like it is too early to open any kind of discussions for Annan's idea. In fact, we know what were the reactions in Prishtina and Belgrade right after Annan's statement: After all happened in Prishtina confederacy is seen as turn back. Nevertheless, it has to be emphasized that Annan's position presents the harshest blow at the worst time for the new Serb leaders lead by Vojislav Kostunica. The idea of a confederacy between Kosovo, Montenegro and Serbia and all the unknowns that are present, makes transparent the least desired version for Serbia: Belgrade would not be able to control or rule Kosovo and Montenegro. After an euphoria in the west for the changes in Serbia, Belgrade saw more assured that the FRY was supported by the west. Anann's statement devaluates all this with one single blow these Serb misunderstandings. Annan's message comes just before parliamentary elections in Serbia, where DOS (Serb Democratic Opposition) is expected to win which is built on a nationalistic idea that has been trying to revert consecutive losses during the wars with consecutive political and diplomatic wins after the 5 October.
THE BEGINNING PROCESS IN SOLVING THE
KOSOVO ISSUE
New UN
Chief Administrator Hans Haekkerup held a pres conference at the UN in New
York reports Koha Ditore on page two.
Danish Defense Minister appointed by UN Secretary General Kofi Annan as the new Kosovo Chief Administrator said, "Elections have to be organized as soon as possible. I am waiting that some technical problems are solved and it would become possible to hold elections in couple of months," said Haekkerup.
New UN Chief Administrator has pre-announced several structural changes in the Kosovo mission, however he did not give any details leaving explanations for when he officially takes the post of UNMIK chief.
HAEKKERUP: FIRST THING DEFINITION OF LEGAL FRAME WORK
New UN Chief Administrator for Kosovo Hans Haekkerup said at his first press conference said that his main priority is to prompt the self-goverwnace in Kosovo. Hans Haekkerup Danish Defense Minister said that the transition towards self-governance which includes the holding of general elections next year will be described with dangers and will last a long time however he hopes that the process will lower the level of violence which the region has been under its influence for a very long time.
"Violence is now the biggest problem" said for the press and emphasizing his hope that self-governance "will remove a little smoke from the current situation and will also prepare the path for a definite political solution even though it cannot be found right around the corner".
Many analysts agree that Kosovo Albanians cannot count on de-facto sliding to independence now that Kostunica has replaced Milosevic.
Hans Haekkerup who was appointed two weeks ago to replace Bernard Kouchner said that he would start work on 15 January. He promised that he would have contacts with all interested sides including the Kosovo Serbs "to ensure that they would be a part of the process". "My aim is to take Kosovo out of the newspaper headlines, and at the same time to keep the international community interested in what is happening in Kosovo," said Haekkerup.
"First we have to define legal frame work for self-governance and naturally for this we will need several months, nevertheless we will prompt the work that has already began regarding the issue," said Haekkerup.
VIOLENCE IS DAMAGING KOSOVO'S IMAGE IN THE WORLD
LDK Chairman Dr. Ibrahim Rugova met with Contact Group Ambassadors in Prishtina carried Zëri on page two.
LDK Chairman Dr. Ibrahim Rugova met with five members of the Contact Group - Head of the US Mission in Kosovo Christopher Dell, head of the German Office Michael Shmunk, head of the Italian Office Claudio Tafuri, head of the French Office Bernard Garashner and deputy head of the British Office Suzan Krombi they discussed the overall situation in northern Kosovo and in Presevo valley. A mutual agreement was reached that events in Presevo valley, provocations against KFOR in northern Kosovo and violent acts within Kosovo represent a threat for peace and stability for Kosovo. Rugova said that attacks upon KFOR are unacceptable and emphasized the need for administrative integration of Mitrovica after 28 October elections. Regarding the situation in Presevo valley Rugova said that there is a need to start a dialogue between local authorities and the Belgrade regime with the presence of international mediation in achieving a sustaining political solution for the region. He also added that full demilitarization of the Presevo valley is necessary. The acts of violence committed in Kosovo were also discussed and it was said that these acts of violence damage Kosovo's image in the world and that they should be stopped so an atmosphere for building of a better future is created, says the KIC (Kosovo Information Center) communiqué.
VIOLENCE IS DAMAGING KOSOVO'S IMAGE IN THE WORLD
Admiral Ashley NATO Commander of the southern wing visited KPC headquarters in Prishtina reported Zëri on page two.
Continuing visits of high NATO officials to KPC (Kosovo Protection Corps) was yesterday enhanced by the visit of Admiral Ashley NATO Commander of the southern wing. He met with KPC Commander Agim Çeku and other high KPC officers.
During talks, Admiral Ashley was informed of developments within the KPC and the problems that they are facing in advancing the fulfillment of its role in the Kosovar society. In this KFOR's help and role is irreplaceable therefore cooperation with international troops will not lack in the future. On the contrary, this cooperation will intensify said NATO high official expressed this during his meeting with COMKFOR Gen. Carlo Cabigiosu where he highly evaluated the cooperation between KFOR and KPC.
The security situation in the region was also discussed and especially the developments in Presevo valley. It is essential that all factors involved contribute in lowering the tensions and finding a peaceful solution for this very delicate issue was concluded at yesterday's meeting between KFOR and KPC.
THE DE-MINING OF PRESEVO VALLEY
Zëri on page one carried a column by the paper's publisher Blerim Shala, commenting on the possibilities of de-mining Presevo valley.
It seems to us that the situation in Presevo valley can be compared with a region full of mines, where none of the sides involved in this crisis have the map to tell where the mines are put. Whereas an explosion of a single mine, the chain process makes all of them explode with great consequences for Presevo valley and eastern part of Kosovo.
If we continue the story about the mines, with pressure they cannot be removed, on the contrary the pressure makes them explode. We can leave the reasons that lead to the presentation of the transparent and dangerous crisis in Presevo valley. However, it is difficult for someone to kick away this problem by a blink, with one cut or decision.
The process of solving this issue is very complex. In present circumstances, it does not seem to us that simplification schemes of guiltiness and prescriptions of Presevo valley crisis work out. Thereafter for the going well of this process, firstly the details of creating new security circumstances in this region must be set out. The security quality in the region cannot be achieved without the international factor's participating in Presevo valley. Secondly, it must be seen how a political process can be initiated with trust means at the beginning and with a political dialogue, which would politically conclude the crisis of Presevo valley.
These two stages of a single process could de-mine this region with strategic importance, concluded Shala.
KOSOVO'S IMAGE ONCE VERY POSITIVE, TODAY VERY NEGATIVE
Dr. Kouchner in a closed meeting turned to the co-heads of administration departments and once more appealed to the Kosovo Albanians to help in interrupting the violence in Presevo valley, and warned that the continuing if violence bring Kosovo a very negative image in the world, reported Koha Ditore on page three.
"This is foolishness. There is no military solution for Presevo valley; no solution with the police, there can only be political solution. What is necessary is a social dialogue with the Albanian community there", stated the SRSG to IAC and KTC members, stressing that the international image of Kosovo has passed from very positive to very negative. "It is politically necessary for you to change this. You are the best organ to understand this and to convince the people that the democracy coming is the only solution", stated Kouchner. Kouchner's representative for Civil Administration Tom Koenigs noted that during the next few months the responsibility of Kosovar co-heads would increase. Under their leadership, the Professional Civil Service will be established.
UN in a communiqué informed that after the New Year greater changes will occur in Kosovo, where the work in transition will begin from the Deutsch Mark to Euro for Kosovo's currency. Deutch Mark will be withdrawn during the next eighteen months and when the European common currency, Euro will be valid in Germany, it will be valid for Kosovo as well.
There will also be technical preparations to bring Euro as a currency for accounts and payments in Kosovo. During this time an informing campaign has been foreseen, in order to inform the public on the new currency. "We must stress the role of education here. In my country the youth informs the parents on the change of currency, thanks to what they have learned at school", said Bernard Kouchner.
The co-heads of Public Services have warned regarding the continuance of interrupting the electricity until the end of December with the rotation- four hours electricity and two hours darkness. The meeting has informed that the spending of electricity has increased dramatically during the last months. Kosovo has in disposition 590 megawatt, while the spending for several hours comes up to 630 megawatt. Referring to the problems with the transformers, UNMIK informed of efforts to bring a new transformer from abroad, however not very soon.
Referring to the efforts to decrease the level of deaths due to traffic accidents in Kosovo, which is one of the highest in Europe, the Department of Youth, Health and Transport are cooperating with UNMIK police for beginning a new campaign for the security in the roads of entire Kosovo. This campaign's target is the youth. Pamphlets will be distributed in schools, youth centers and in places where young people gather posters will be hung.
The next meeting of IAC and KTC members will be held on January 11th, 2001. This "council of ministers" is held every other week.
A MEETING FOR THE GOOD OF KOSOVO'S FUTURE
What has been approved from the majority of participants in the Albanian -Serb meeting titled "Serbs in Kosovo - the planning of the future" held with the US presentation in Prishtina, was that they have agreed and the meeting was successful, reported Koha Ditore on page two.
This initiative, organized by the Kosovar NGO "Kaci" is the first Serb-Albanian meeting held to examine a proposed draft for special rights the Serb majority should have, without regarding the percentage of Serbs in the population.
"Kosovo participants excepted that Kosovo be lead by the majority, which would be normal in the democratic principle", stated Veton Surroi, explaining that the majority is obliged to defend the citizens, who are in one or the other aspect a minority. It was said that the special rights of Kosovar Serbs have nothing to do with the status of this territory; they must be respected according to what is being practiced in many known European states as "positive discrimination".
Present in the first meeting were Edita Tahiri (LDK), Fatmir Limaj (PDK), Bajram Kosumi (AAK), Naim Maloku (LKNQ), Veton Surroi, Mahouts Bakalli and Pajazit Nushi. Whereas, from the Serb side present were Rada Trajkovic, Slavica Kolasinac, Sonja Nikolic and Randjel Nojkic, other invited Serbs, accepted the invitation, however for various reasons they did not manage to participate.
Edita Tahiri, LDK Secretary for Foreign Relations stated this meeting as very important for creating a trusty atmosphere for all of Kosovo's citizens. She added that the Albanian majority is responsible to maximally engage themselves in this. "For the Albanian majority this is an engagement to fulfill the international conditions in order to reach independence", said Tahiri, adding that as Kosovo's leadership, they will give their maximum in fulfilling the conditions and then gain independence.
Former Kosovar leader, Mahmut Bakalli said that alone the discussion for the future "might and should" influence the work of ethnic relations in Kosovo. "A greater tolerance should be developed. Also a possibility for all citizens to feel equally free and to contribute in our main target must be developed", stressed Bakalli.
Serb representative Rada Trajkovic expressed herself satisfied regarding the meeting, however showed that the Serb side does not agree with the draft's several last points. "For us is point eight, where the Serbs' ties with the "mother state" are mentioned, normally not completely acceptable", stated Trajkovic Serb representative in IAC.
According to her, the Serb side does not agree with the point where it is said that the Serb education must be conducted in the native language in the primary and middle school, she requesting Serb universities to be added and the return of their students. Even the international supervisors present in the meeting saw this initiative as very successful. "It was a great meeting. Very good for Kosovo", said Michael Schmuck chief of German office in Prishtina.
The draft "Serbs in Kosovo -the planning of the
future" contains ten negotiated main points, which can change depending on
the circumstances. The next meeting of the same level is foreseen to hold
in the beginning of January 2000, informed the president of
"Kaci".