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Koha Digest # 100Front page: CAN A COW SAVE SERBIA?Date: 17 April 1996

EDITORIAL

CAN A COW SAVE SERBIA?

by VETON SURROI

While discussions on the disaster were going on in Britain, the European Union was creatinga joint front to eliminate British cows, affected by the BSE virus or "disease of mad cows",from their common market. It seems that the only one who was happy on this occasion wasSerbian minister Djonovic who said that "the mad cows are our chance".

Many things have been said about Serbia, but this must be one of the most original ones. Andwaiting for the Cow to save Serbia, two key parallel political processes are developing. Onone hand, Serbia (FRY) is making steps towards recognition by EU, after reciprocalrecognition with Macedonia. Thus, the Serbian government is showing its population that itsstatehood is being recognised by powerful and rich European states.

But, on the other hand, Serbia has found itself in the position of a man who is participating ina marathon run for the first time, but who gets tired after first three hundred metres: it hasstarted to discover that it is exhausted. The whole incident with the governor of the NationalBank, Avramovic, and his position towards international financial institutions, shows thepoints of fear of the Serbian regime.

The regime now needs money for financing agriculture and for the revival of the industry, andduring this year it will need money to fill in the gaps in pension funds before elections. Thereare two ways: to ask for the money from abroad or to print bank notes without coverage. Thegovernor says that money should be sought from abroad and that all conditions set by theInternational Monetary Fund should be accepted, including the fact that "FRY" cannot be theexclusive successor of SFRY. The regime says the conditions should not be accepted, and iteven requests from the Governor to print money. The Serbian regime is facing two optionswith the same negative effect: either print notes and experience a higher rate of hyperinflation (now it is over 7 per cent per month), or to accept international conditions that leaveit without the matter it has insisted on since beginning of dissolution of SFRY, that FRY isthe successor of SFRY.

Hyper-inflation destroys the economic substance of the state, the state economy and itsinfrastructure. It leaves it in the position which we remember, not regretting it, when onecould buy many, many things and pay for communal services with 10 German Marks. Theloss of continuity of succession, has already happened. The UN Security Council, like allinternational relevant institutions, has sanctioned that official Belgrade is not the successor ofthe Belgrade that died in 1990/1991. To the Serbian regime, and especially to the Serbianpresident, succession and all this struggle for it have ambiguous values. To show that duringthe destruction of Yugoslavia, he was the only one in favor of its preservation and that allothers were separatists. And, not to fill-out the damned application for UN membership.Why? Maybe because some adviser could have told him, for example, that when India was

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separated, two states recognised by UN, India and Pakistan, emerged. Several years later,independence of Bangladesh originated from Pakistan's independence.What connections doesthe Hindu sub-continent have with Belgrade? The Cow. In India it is sacred, in Belgrade, if itis mad, it is an inspiration for happiness.

FRY's RECOGNITION

THE AVALANCHE OF RECOGNITION AND DESPAIR

by BATON HAXHIU \ Prishtina

There are three main news of this week which have directlyrevealed the problem of status of Kosova and prejudged it inadvance: the Document of the Center for Preventive Action,New York; the Communique of the European Union and "theavalanche" of the recognition of FRY. The first two initiativesbelong to important institutions and add to clarifying theposition of Kosova and clearly decipher the future of itspolitical contours. This is best reflected in the fourth point ofthe communique of the European Union and the largest partof the document of the Center for Preventive Action.

The recognition of the sovereignty of FRY by the internationalcommunity is an act notified in advance, but also a proof thatthe conditions stipulated for the normalisation of diplomaticrelations with the so called FRY are not respected. And,states, clearly define their personal interests. "The avalanche"of recognition was launched by France, soon to be joined bytens of European states, despite all remarks made by USA thatit was to early to recognise FRY. France normaliseddiplomatic relations on grounds of the conditions set in thecommunique made by the European Union.

Radio "Deutsche Welle", in the main comment, on Saturday,advised that Germany will recognise FRY. Despite allpressure made by the press and opposition, the American ally ininternational affairs, announced that it will recognise FRY andnormalise diplomatic relations with it. Isn't this a news thatshould upset every political factor in Kosova? But, even afterthis, one can hear comments like the one made by Fehmi Agani inLDK's press conference, when he stated that "the eventualrecognition of the Serb-Montenegrin Federation does not meannormalisation of inter-state relations." Agani adds thataccording to international resolutions, the recognition of thisfederation is not conditioned, but the admittance of Serbia andMontenegro in different political an financial bodies is. Thepresent international postures do not exclude the independence ofKosova. "Deutsche Welle's" comment denies such an approach of

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Kosova's political leadership, adding that "Germany is not readyto ask concessions from FRY, even when the problem of Kosova isin question". Hydajet Hyseni, the other vice-chairman of LDK, hasdisputed the prejudiced decisions reached by the internationalcommunity because, according to him, Serbian forces of aggressionhave been stimulated. But those who are well aware of thepolitical circumstances call the present political segment nomore nor less than a real policy. Therefore, the statement madeby Hyseni that "we consider as just the conditioning of theEuropean Union towards Serbia, among others, with the solution ofKosova's question, a solution that cannot be prejudiced..." iscontroversial. Therefore, EU's conditioning is just and at thesame time it can't be prejudiced! Still, despite conditioning,states continue to be recognised. How does Zejnullah Gruda,professor of international law, explain this fact? He says that"this recognition is a discretional action of certain states,rather induced by political reasons than by the fulfilment oflegal conditions. We say this because there is no more rigorousinsisting not only in respecting general criteria, but even ofcriteria formulated and determined by the Council of Ministers ofEuropean Community (Union) regarding recognition ofnew states in Eastern Europe and Soviet Union. Thus, whileEuropean Ministers have foreseen that for formal recognition ofnew states the respect of obligations arising in most importantinternational acts, especially when it is dealt with the rule oflaw, democracy, human rights and "guarantee of ethnic andnational rights of groups and minorities" is necessary, on theother hand, they recognize the state although, there are fewplaces in the world where human rights and rights of ethnicgroups and minorities are violated in a more brutal way.

Regarding this matter, Luljeta Pula-Beqiri, stated that the"recognition of Yugoslavia by a series of western countries andthe announcement that this process will continue by others, afterthe agreement between Belgrade and Shkup was reached, is in facta cynical crowning of the policy of concessions towards Serbia,permanently led by the international community". "The recognitionof Yugoslavia, with Kosova unsolved" added Pula-Beqiri, "was theexpected epilogue of the constant marginalisation andunderestimation of Kosova's question, because of the relation offorces in this region." As an expert on international relationsand international public law, Gruda, added: "The mater ofrecognition of what remained of Yugoslavia by the Europeanstates, or the normalisation of relations and their advancementto the level of ambassadors is a very controversial matter, andthis is not because of a simple recognition, since the interestof international community and peaceful people is to have thesituation in Balkans normalised and the serious problemsovercome, but because European states treat the recognition apolitical matter rather than an issue that needs to be solved

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within the framework of an existing legal order." Thisinternational recognition of Yugoslavia is a powerful reflectionof shameful international recognition of thepolitics of violence and terror as well as bowingbefore its results. It will be reflected in Belgrade'sencouragement and the dangerous delay of the solution of Kosova'squestion and towards slow but systematic ruin of the so called"outer wall" sanctions. The question rises: how to get out ofthis political dead-end imposed by the international community?This is how Pula-Beqiri thinks: "The international communityshould be conscious that by this act of recognition it can becomeaccomplice in the new and very serious challenge made to peace inthis region. In the meantime, the Political Movement in Kosovashould reconsider its strategy, build up its political philosophyand develop the concept of liberation and the respectivemechanism for its implementation. This would not mean that themovement should not follow carefully different suggestions comingfrom different international instances regarding possible waysfor the realisation of the political will of the people which hasno returning back. In this sense, we consider of interest adetailed analysis of the document and recommendations of theAmerican Center for Preventive Actions regarding Kosova". But wemust be careful, says Gruda, because "regretfully, the Europeanpolicy is thus bringing into the scene some phenomena which usedto be characteristic for the Berlin Congress in times ofunscrupulous bargaining at the expense of small and weak nations.This should be noticed and said openly. Awareness is needed,especially among Albanians." What gives hopes in the wholeproblem is the good concept of the policy on the future of thestatus of Kosova. What is important and should be appraised as apositive approach to the problem of Kosova and its status, whichat the same time should be taken seriously and not accepted apriori, is the dimension of the document of Center for PreventiveAction and agreeing to the fact that Kosova is a question inprocess and that any kind of solution which could be imposed willbe only a temporary solution. Therefore, the definition of thisproposal as "temporary solution" is a new quality and requiresseriousness in approaching the problem of Kosova, and deservesattention as such. In this regard, Luljeta Pula-Beqiri also addsthat "the assessment that after Dayton Albanians felt that theirpeaceful determination was not awarded while results of Serbianviolence in Bosnia were, has been proven truly correct". Now whenit is clear how illusory was the hope of Albanians that thelifting of the sanctions against Serbia would also be conditionedwith Kosova, leaves us on not giving in with the "outer wall",which is also requested in the document.

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FRY's RECOGNITION

LILLIPUTIANS AND THE CLEVER GULLIVER

by ASTRIT SALIHU \ Prishtina

After France recognised Federal Republic of Yugoslavia(Serbia and Montenegro) a month ago, many otherrecognitions and establishment of diplomatic relations with theYugoslav state followed. Last news was that Sweden,Norway, Holland and Denmark would recognise it and thatpreparations are being done in Bonn for establishment ofdiplomatic relations. All this led to creation of a new politicalclimate. Of course, this climate also included Kosova and itsunsolved question. This is nothing new for political processeswhich subordinate to a normal rule of change of situationsafter impositions of new factors - as the case is now with therecognition of FRY. But if we analyse the Albanian factor in allthis climate - it will come out that we are playing with manyunknowns in the political games. This posture can easily beillustrated with reactions of the Albanian political subjectsregarding recognition of FRY. Thus if BUJKU, daily of April 12,were to be considered, we would see that the information therewas rather confusing and unclear. In the first page of thisnewspaper we could find the communique of the European Union inwhich there were "four conditions for recognition, normalisationand full integration" of FRY. The first condition, among others,mentions the "reciprocal recognition of all states that emergedfrom the dissolution of former Yugoslav Federation...", whichstarted to be implemented by recognition between Macedonia andFRY, recently agreed in Belgrade. In the fourth condition (in theend of the paragraph), after mentioning protection of rights ofminorities, it was also mentioned giving Kosova "a wide autonomywithin FRY". So, the process of recognition has started and istaking hold and it is only days that are dividing FRY from fullrecognition of its sovereignty - i.e., its territorial borders,together with Kosova. The thing that makes every reader getconfused and perplexed is the second page of "BUJKU". Thereaction written by Rugova's advisor for information, after thenormalisation of relations between Belgrade and Shkup, forgettingthe first condition put to Belgrade, or the reciprocalrecognition with "all states that emerged from the formerYugoslav federation", and published under title "Support to thepolicy of force and recognition of results of aggression", whichamong others states... "if the EU decides to normalise diplomaticrelations with Belgrade, not conditioning it with the issue ofKosova, then it is sure that such a step will be considered as aconcession made to Milosevic, so Milosevic can continue with therepression, violence and a policy which has led Kosova to whereit is now". And this was not only a reaction made by

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the advisor but this became the official posture of politicalcircles in Kosova - a hasty step of the European Union. The bestillustration on how hasty this step was seems to be theinformation published in the same column about the visit of adelegation of the Liberal Party of Kosova paid to severalembassies in Belgrade, such as USA, Great Britain and Austria.This information was published, believe it or not, under title"Yugoslavia does not exist for us". After recognitions thatfollowed and announcements for more recognition and normalisationof relations with FRY, our only daily in Kosova publishedarticles with such titles chosen by certain editors. The bestpicture of all confusions and political unclearness amongAlbanians is their only daily "BUJKU", whose superficial analysisshows a shallow political improvisation. Hence, the comfortableappraisal of the policy led by the international factor, as ahasty policy. Why not ask another question: isn't the policy ledby Albanians slow? Not only that one cannot exercise influence onhasty steps of the international policy by the politic mirroredthrough our daily, but one cannot even be a hurdle to "slowingdown" such steps. So it is not the matter of being hasty, but itis rather of being slow... Thus Albanians are resemblingLilliputians confused by the steps of the political giant who, inthe pattern story of Gulliver's Travels, was found fainted andunconscious.

FRY's RECOGNITION

CONTROVERSIAL RECOGNITION

by ISO RUSI \ Shkup

The normalisation of relations between Macedonia and FRYugoslavia was the "always actual" subject of the day in the lastsix months. Macedonian media, from "confident" sources, wouldinform about visit that Milosevic would pay to Shkup regardingsigning of the agreement by which FRY would definitely recogniseMacedonia with its constitutional name. And when the public wastired of announcements about the visit, the signing took place.Foreign ministers, Milan Milutinovic and Ljubomir Frckovski,signed the agreement to regulate relations between the twocountries on April 8, in Belgrade. And the agreement put an endto the insecurity of relations which lasted for five years. It isclear that FRY could not make resistance to pressure from thewest, first of all to Europe, which gave several clear messagesto Belgrade during the last month, that there would be nonormalisation unless Belgrade recognised Macedonia with itsconstitutional name, therefore it was logical to expect that thenormalisation of relations would take place sooner or later,

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despite reactions from Athens. Belgrade had delayed and playedtactics hoping that the pressure coming from Europe would beforgotten and that some of the members of the Union would followthe example of France. But, the text of the agreement leaves openold-new dilemmas about these relations. What does the agreementcontain and what does it leave open? The agreement is conciseregarding reciprocal respect of the parties as independentcountries within internationally recognised borders, respect ofsovereignty, territorial integrity, peaceful solution ofdisputes, avoid of threats or use of force, strengthening ofconfidence, tolerance and cooperation, establishment ofdiplomatic relations on the level of ambassadors, protection ofminorities in conformity with the highest internationallyrecognised standards, strengthening of economic, technical andcultural cooperation. But, the agreement leaves openat least two things: the matter of succession of SFRY and theproblem of reciprocal borders. In other words, Article 4 of theagreement reads: "Starting from the fact that Serbia andMontenegro have existed as independent countries before thecreation of Yugoslavia, and taking into consideration the factthat Yugoslavia extended the international-juridical subjectivityof these countries, the Republic of Macedonia respects the statalcontinuity of Yugoslavia. Starting from the fact that theMacedonian people during the National Liberation War and in ASNOMmeeting decided to organise Republic of Macedonia as a state, andremain in the Yugoslav Federation, taking into consideration thefact that the Macedonian people decided to organise the Republicof Macedonia as a sovereign and independent country in thereferendum in 1991 and appraising the fact that this was done ina peaceful way, FR Yugoslavia will respect state continuity ofthe Republic of Macedonia. Parties have agreed to settle theirrequests for succession by mutual agreement". It was this Articlethat was considered as reason to spread out the opinion thatSkopje bowed down before Belgrade's persistence to proclaimitself as the sole legal successor of SFRY; or as thevice-chairman of the Liberal Party, Risto Ivanov, declared in thepress conference, the text adjusted during January was changedand we consider that in "no matter in what procedure it weremade, Macedonia would lose the status of an equal partner indiscussions regarding succession". This part of the agreementcould be interpreted as a compromise to efforts made by Belgradeto proclaim itself as the sole successor of SFRY and refusal ofShkup to do it, considering itself for one of several successorsof the former country, because the matter of continuity differsfrom the matter of succession - Yugoslavia was recognised as theavantgarde state, but not as the sole successor. But theagreement of modalities "of settlement by agreement" ofreciprocal requests on basis of succession here is considered asgiving in and harming Shkupi itself. The second paragraph ofArticle two of the agreement caused even more dilemmas: "Both

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parties will set up a joint diplomatic commission of expertswithin 30 days from the date of the signing of the agreement.

This commission will prepare a draft international treaty wherethe joint state borders will be described with respectivegeographic maps attached. Both parties will then sign thetreaty." Thus, alongside agreement on territorial integrity inthe internationally recognised borders, the issue of borderspractically remains open, which according to some unofficialinformation cover about 75 squared kilometres. Even before SFRYwas dissolved, Macedonia and Serbia had made statements thatduring WW II territories of one republic were taken by theother. After independence of Macedonia, in June 1994, there wasa serious incident on the border. After a short interference, 20Yugoslav soldiers had entered 250 metres inside the territory ofMacedonia in the location called Cupino Brdo and stayed there forone week, until the Minister of Defence had set them an ultimatumfor their retreat. It results that the existing borders could nothave been legalized by agreement which directly means that thereare disputes which couldn't be solved at the moment. Of course,internal reactions are reduced to the pleasure of internationalrecognition and that Belgrade finally decided to make such astep, despite (negative) reflections in relations with Athens,since Belgrade was extremely careful towards Athens. Let's justremember Milosevic's statement that "Macedonia will be recognisedas soon as it settles the disputes with our friends the Greeks".

On the other hand, reactions from local political parties, exceptfor Albanian ones, are positive. Meanwhile, Greece reactedseverely. For Athens, this was an unfriendly act. The governmentspokesman was firm: "The agreement signed in Belgrade is notfriendly for Athens and is not in the interest of the stabilityin the region". Conservative "Katemerini" wrote: "The decisionmade by Milosevic for recognition is anything else but repaymentfor Greek support to Belgrade about the crisis in the formerYugoslavia". The same newspaper is engaged in moderate reactions,because according to it "everybody is aware about Milosevic'splans to create tutorship over all states of Former Yugoslaviaaccording to Tito's model". Private TV "MEGA" informed fromWashington that Greek premier Simitis, who was there for a visit,was surprised by Belgrade's decision. The same TV broadcast theinformation about "...the pleasure of American and Europeandiplomacies expressed after the agreement was signed". "MEGA"broadcasted the information of the alleged dissatisfaction ofSerbian diplomats about Milosevic's decision to recogniseMacedonia, because this "was legalisation of the state of Skopje,which Serbia would have liked to include in the new Yugoslavia."

State TV simply concluded that Belgrade's decision has itsinfluence in Macedonian-Greek discussions in New York, but in any

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case relations between Belgrade and Athens take "dimensionswithout sentimentalism". In Athens it was considered thatMilosevic used the opportunity to recognise Macedonia when Athensrefused to abolish visas for Yugoslavs and also to give FRY somepriorities in the port of Thessaloniki. The Macedonian diplomacy,after posting Ljubomir Frckovski, seemed to gain "in speed". Thenew minister promoted the opening towards the public and anaggressive foreign policy - offering his Greek colleague a directmeeting, and by intensifying his official visits. Some relatethis with the efforts of the reconstructed government to provethat it has the support of the "foreign factor". On the otherhand, the well known oppositionist, Stojan Andov, in hisinterview given to "Nova Makedonija" stressed that Macedonia islosing as regarding its foreign rating which is reflected in thenegative changes in the text of the agreement offered toMacedonia by European Union and that this is before all motivatedby internal unfavourable flows created by the dissolution of theelectoral coalition - the League for Macedonia.

FRY's RECOGNITION

WHAT DOES RECOGNITION MEAN?

by SELADIN XHEZAIRI \ Shkup

Macedonian authorities, when referring to the issue of Kosova,have many times stressed that the delay in finding a justsolution was a "potential risk for destabilisation of Macedonia".They have even often admitted that this was their only "window"towards the West. At the time when travel and other documentswere seized from Albanians by Serbian authorities, because of "astamp in passport", Macedonian customs officers "used to closetheir eyes and forget" to put stamps on them. Contacts with the"leader of LDK, president of Republic of Kosova, Ibrahim Rugova,used to be regular and, as it is said, they have been of mutualand reciprocal understanding". It can even be heard in Tetovathat "...Rugova has met more often with president Gligorov thanwith us Albanians". But, the sudden recognition of the continuityof statehood of Yugoslavia consisting of Serbia and Montenegro,has been qualified by the Albanian political parties as"unacceptable" and as "an act that does not contribute to peaceand stability in the region". Of course, the "Unified AlbanianOpposition" partially blames it on "its position" for itsparticipation in the governmental coalition. "This agreementexclusively observes the Macedonian and Serbian interests, andwith a senseless arrogance, ignores the Albanian ones. However,it contains some elements for analysis, such as the secretdiplomacy cultivated by both sides reached at the time when

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Macedonia withdrew from the Yugoslav army without anydifficulties; this, at the same time shows the negligibleposition of the Albanian political subject participating in thegovernment, which signed an agreement according to which Kosovais considered to be a part of Serbia, and which is incontradiction not only with the determination of the Albanianpeople of Kosova but also with the wide support given byAlbanians in Macedonia. The agreement also proves a method ofsolution of questions pending in the Balkans which can generatefuture crises. It also shows the position and structure ofAlbanian political subjects that act in former Yugoslavia and whohave undertaken the task to articulate Albanian interest whereverthey act" stated spokesman for PPDSH, Alajdin Demiri. While thechairman of PPD, Abdurrahman Aliti, commenting criticismaddressed to his party because of the diplomatic recognitionbetween Macedonia and Yugoslavia, stated: "Critiques should atleast have a minimal consideration towards the political powerthat Albanian political parties in Macedonia have, including theparty whose chairman I am". In any ways, he adds, "this ishappening because the Albanian political subject has broken intofragments, although the above mentioned act should be looked uponin the context of a wider relation of forces, internationalfactor and organisation of Albanians on the national level. But,regardless of this, one should state that what has happened wasin disproportion with the practice of reciprocal recognition ofstates. It is known that this is usually done through exchange ofnotes. Macedonia recognises the juridical-state continuity ofwhat is now called Yugoslavia, based on the fact that Serbia andMontenegro have existed before SFRY, not defining since when. Ifthe Agreement of Bucharest is to be taken as a starting point,then it results that Macedonia in the present borders, used to beinside the Serbian state. This unclearness imposes the questionof whether this country can be returned to its old nest. On theother hand, the Agreement is unacceptable for us also because itdoes not respect the political will of Albanians, there is notone sentence to mention the question of Kosova and thisimplicitly results to the fact that Macedonia agrees that Kosovais treated as part of Serbia". In a statement made for KOHA,vice-chairman of PDP, Etem Aziri said: The agreement forreciprocal recognition between Macedonia and FRY can not beappraised as an act that will help peace and stability in Balkansand wider, since this agreement does not contain the free will ofthe Albanian people of Kosova expressed in the Referendum forindependence. Although one of the main requests of theinternational community towards FRY is the solution of the issueof Kosova, the document signed puts the issue in a second line,or transforms it into internal question of Serbia respectively,and thus provides considerable space for political manoeuvreswhich FRY needs to continue its games in unclear waters regardingKosova Albanians. Macedonian diplomacy which is not naive at all,

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should take into consideration that one day such agreements,without the true will of ethnic Albanians, can come back as aboomerang to this newly created state." Regarding the problem ofKosova, in the last session of the Parliament of Macedonia,Albanian MPs requested from the government to prepare an answerin writing what is its posture about the solution of its problem.The same day, Macedonian RTV in its first news, quoted presidentGligorov who had stated to radio "Free Europe" that he saw thesolution within the framework of Serbia. This part was "takenoff" from the central news and the morning press...

INTERVIEW

EVA BRANTLEY, Human Rights' Attorney

IT IS TIME TO OPEN THE QUESTION OF KOSOVA, BUT NOT OF ITS STATUS

Interviewed by YLBER HYSA & NEDIME BELEGU / Prishtina

Eva Brantley, a well-known attorney from New York, is known as anexpert on human rights and holds two PhD titles, one onInternational Law and the other on Philosophy of ComparativeLiterature. She is the main bearer of the joint project of Yaleand Harvard universities on the protection of human rights,"Diana" and also a lecturer in several universities in the USA.She is also known for her engagement in Polish Solidarnosc andthe Polish Helsinki Committee. Kosova Albanians remember her as abrave woman who with the help of her dog (she is blind) had cometo follow the works of the session of the Parliament of Kosova onJuly 2, 1990, when she had been arrested by the police... Today,after six years, there she is again in Kosova telling us abouther impressions....

KOHA: Do you think that, after Dayton, pressure can be exerted onMilosevic to settle the situation in Kosova, or was Kosovasacrificed in the Dayton agreement?

BRANTLEY: I do not think it was sacrificed because the Daytonagenda had not foreseen to deal with Kosova... The DaytonConference was followed by a series of resolutions by UN, NATOand other bodies and the matter is that there are still somethings unsolved between Dayton and the International Conferenceon the Former Yugoslavia... In fact, I think that Dayton hasdealt with two things in succession, first with Bosnia and laterwith regions in war and its task was not to deal with this"Yugoslavia"...

KOHA: Then, where does Kosova fit in international institutions

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if not in Dayton...

BRANTLEY:... Yes, one should by all means mention activitiesin the General Assembly of UN when its secretary in his reportrequests a long-term mission in Kosova, similar with the one ofthe OSCE. The difference between this and the previous missionwould be that this would not be only a monitoring but also apreventive mission... For example, to seek the possibilities forbuilding a civil society in Kosova, developing economy etc. Iwould not say that Kosova was sacrificed in Dayton. I think thefirst part of the question is more linked to it. Now it is timeto postpone the issue of the status of Kosova... This is notonly the matter of the Former Yugoslavia, but it has to do withsupra politics, with Russia and China, who have problems withself-determination... Any decision regarding this issue inrelation with Kosova, to give it international status, bearsconsequences for problems such as Chechenya, Kashmir, etc. Theinternational community has been trying to find a solutiontargeting the solution of the problem of the status of Kosova,but bringing this up only as a process... And this does not seembad to me, because it places Kosova into a right direction, andthe international community under obligations; on the other hand,it seems to me that Kosova now is in position to build up allinstitutions it needs, from economy, infrastructure and up todiplomacy... The strategy that works should be followed...

KOHA: Can the issue be brought up through OSCE mechanisms?

BRANTLEY: Yes, this is of interest although one should payattention to the direction of development of these mechanisms,especially after the Conference in Budapest... There is atendency of the International Community to act in parallel way -what UN and OSCE are to do, what are their tasks... This has byall means to do with role of European Union, especially withprojects for economic aid and restructuring in the FormerYugoslavia, and also with other matters...

KOHA: It seems that there is no quick solution for Kosova...

BRANTLEY: I think that two things happened. LDK tookguidelines too fast and was not prepared for different options.It means: either all or nothing! In fact, I think that it is goodfor parties to have different strategies and seek for differentsolutions. Secondly, as regarding Albanian political parties,they should orientate towards economic aid an enable them reachin Kosova, no matter the pressure arriving from Milosevic'sregime... One more thing. I think that LDK should pay moreattention to the Albanian diaspora which is very much divided andpartitioned. They should find favourable ways to cooperate andorientate their capital towards Kosova. They should also pay

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attention that in no way, no matter what status Kosova may have,and Albanians like, Serbs of Kosova can feel endangered. Maybebuilding confidence could be started in small civil projects...

KOHA: You have witnessed a historical event in the history ofKosova, you were here on July 2, 1990 and were taken in bypolice. Now, six years later, you are again in Kosova. Hasanything changed in the behavior of the Serbian regime?

BRANTLEY: Well, how should I say, it might sound cynical, butuntil now I had no problems with the police on the personal leveland to be honest - I do not wish to have any... I have theimpression that it was worked in several levels, maybe notconsciously, but those who wanted to create a difficult situationby dismissing workers and then offering some of their jobs totheir compatriots, meant to create a situation where they couldchange the ethnic structure, through refugees from Krajina. Butit seems that after this they do not have it clear themselveswhat to do next. Anyhow, Kosova for Serbs is a "White Elephant" -and they are not quite sure what to do with it... One should seehow Milosevic is behaving after all problems in Bosnia &Herzegovina and it does not seem to me that he wants to gothrough all this again. Kosova is a good case for this, to see ifhe will enable Albanians to develop in Kosova etc. Whatever isthought of Milosevic, one thing should not be forgotten - he isnot dumb....

KOHA: Is he that smart so as to let Kosova be democratised or togive Albanians the right for self-determination?

BRANTLEY: I do not like the word self-determination, becauseit is not clear what it means and it is so complicated... But Ithink that he will face pressure from the intranational communityto allow the exercise of political life for Albanians in Kosova.I believe that he will evaluate the matter very carefully becausehe does not want to lose, and he has an extraordinary sense forsurvival. Therefore a solution that is acceptable forinternational community and main political parties and people ofKosova will be found... now the monitoring mechanism of theinternational community which is following on everything is ofinterest. There is a good Polish saying: "Looking at someone'sfingers..."!

KOHA: What could happen if the peaceful way of Albanians werechanged...

BRANTLEY: ...The radicalisation of Albanian people would be thegreatest tragedy that could happen to the Albanian people in itshistory, because none, absolutely none, would come to helpAlbanians in that case. Albanians would be used, and only used,

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and none would help them. Therefore, I think that it is veryimportant, no matter how difficult it is to follow the peacefuland non-violent way, because they will continue to enjoy respect,and those who enjoy respect are also supported. I will emphasiseit once more that none would help Albanians if they usedviolence. Look what happened in Bosnia and Herzegovina. BosnianMuslims were attacked by Serbs and no one helped them, althoughevery one knew what was going on in Srebrenica. Srebrenica wasalmost destroyed when NATO started air-striking. They could havehad done this earlier. The Security Council asked for NATO'sassistance to help Bosnians in Srebrenica, but they did not gothere. You also would not have international protection, andespecially not in the situation in which you are now, when you donot even have information centres. This would be a suicide and Ithink that Serbia would not ask for anything better, that youeither flee Kosova or commit a massive suicide... ...The mostdifficult recommendation is to tell someone to continue hopingand that after every storm there is a rainbow which cannot bereached. I know that it sounds idealistic, but this is the mostdifficult thing to ask from people of Kosova, to continue hopingand follow the peaceful way to be recognised justice and freedom.In the end, it will be recognised. In the letter that Nobel Prizewinner, Asan Sushi, sent to her people in Burma, she wrote: "themost important thing is that when the right man is created inyour imagination, he cannot be taken away from there, andimagination of a thing is beginning of its realisation". It isimportant that Albanian people of Kosova bear in their mind thefreedom and the wanted day will come and Albanian people willrealise their rights and the rights of their children.

ECONOMY

APARTMENTS NEITHER ON THE GROUND NOR IN THE SKY

by IBRAHIM REXHEPI / Prishtina

The purchase of apartments has been actualised again.Albanians continue to face difficulties in completing necessarydocuments, even documents which are not required at allaccording to Serbian laws. Whether apartments could or couldnot be purchased, this was a long lasting dilemma which usedto be present among the top of the largest party and within theUITUK. But this was overcome in time. Still, there is aproblem that has never been seen on the surface. The first lawsthat placed restrictions regarding the purchase of real estate,when parties belong to different nationalities, date since themid-eighties, i.e., since the time when Assembly of former SAPKpassed laws targeting the "prevention of emigration of Serbs and

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Montenegrins". It is understandable why the highest organ of rulein Kosova then passed laws similar to this one. This was becauseof the pressure that came from above and due to the convictionthat in this way, the situation in Kosova would be calmed down.But it was a wrong posture, for all provincial organs and lawsadopted by that organ were suspended. Still, the Constitution ofKaçanik stipulates that until new laws of Republic of Kosova areadopted, the laws reached by the Assembly will be valid. Arethese laws that discriminate Albanians valid? Lawyers have beenrunning polemics about Serbian laws: are they discriminatory lawsor laws imposed by the occupier? One side says that we have notto deal with discriminatory laws, since a law of a foreigncountry cannot discriminate anyone in another country. From theaspect of theory, the other side admits this remark, but frompractical aspect they say that this is an imposed law, that thereare no other laws, therefore they have to be applied. And now,one had to face a legal proceedings to accomplish a deal, such asthe case with purchase of apartments, or other relations in themarket, where Serbian laws are to be respected. Talking ofthis issue, Bajram Krasniqi, lawyer from Prishtina, said thatafter the historical events in 1981, the political postures ofthe Communist League of Yugoslavia, and later of its organs,formulated in the ill-famed document called "Political Platformon Kosova...", whose provisions were directly reflected in thejuridical system, in the beginning at the provincial level andlater on the level of Serbia. Thus in 1986 (8 July '86), theAssembly of the former SAPK adopted the Law on Amendments andModifications of the Law on Turnover of Real Estate ("OfficialGazette of SAPK" No. 29/86), and this was a discriminatory law.Provisions of this law were annulled by the Constitutional Courtof the former SFRY, following a courts proceedings which lastedfor two and a half years. But Serbia, in a anti-constitutionalprocedure adopted the Law on Amendment and Modification of Law onTurnover of Real Estate in RSS ("Official Herald of RS Serbia"No. 28/87) and, prior to the forceful adoption of theconstitution and "constitutional unification", it passed someamendments and modifications of the mentioned law and finallyadopted a special law - "Law on Special Conditions for Turnoverof Real Estate" ("Official Herald of RSS" No. 22/90, 8 April1991) which is applied by executive organs of the Serb occupyingstate. Article one of this law sets special conditions forturnover of real estate for the territory of RS. And,this is valid only in Kosova, or, in other words, for Albaniansalone. These special conditions continue for ten years now, orsince the date of validation of the law. This brings to nationaldiscrimination against Albanians of Kosova, which is incontradiction with the Constitution of Serbia, or with theConstitution of the so called FRY. This law is by all means incontradiction with international legal norms, or theInternational Treaty on Economic, Social and Cultural Rights of

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1966, which was ratified by the former Yugoslavia one year later.So, this law has no legal value, which means that any legaldealing based on it, would be annulled in any rule of law,however the administrative, court and executive organs of theoccupying states observe it with special care. It is onlyAlbanians who suffer from this law. Consequences are disastrous,because in the first order they have no right to buy or sell realestate or to rent it. A special issue in relation with thisjuridical and political situation of the occupying Serbian state,regarding Albanians only, is the one of the purchase of societalapartments. This is an essential element of discrimination, whichnowadays is being applied only in the South African Republic. Nosale or purchase nor lease can be done even between Albanians,without the consent-approval from Belgrade. This law and otherwillings and dealings of respective organs of the occupyingSerbian state, not only restrict Albanians, but hamper theirexistence in the economic aspect, knowing that property is thegrounds of economy. The procedure to obtain theseconsent-approvals from Belgrade is complicated and requires timeand money. And everything emerges here, such as corruption andmany other difficulties, for Albanians. But they have to liveeven in such circumstances! After the "constitutionalunification" in 1990, Serbia has adopted Law on Housing and thislaw set rights, obligations, conditions and procedureto purchase socially or state owned apartments. This is thebeginning of an overwhelming period for Albanians to gain theright to enjoy their property. According to Article 16 of theabove mentioned law, those who have the right of ownership ofsocietal or state owned apartments are obliged to sell them tothose who have gained the right of occupancy should they makewritten request for this. In the beginning the law was applied sothe occupying state organisation did not make any differences onnational grounds and Albanians were even given priority insigning contracts and making payments, but not in notarising andregistering the ownership in cadaster registries. After Albaniansmade payments for apartments, notarising contracts with courtswere delayed, putting as a precondition to register ownership incadaster books. This delay has been lasting so long, not byaccident, that almost as much as 80 per cent of Albanian buyers,although they have met all requirements, have not managed tocomplete this complicated procedure. In the beginning of 1993,the Parliament of Serbia evaluated the Law on Modification andAmendments of the Law on Housing. The parliamentary group ofSerbian ultranationalists, headed by Seselj, who used to playthe same game with Socialist Party of Serbia at the time,presented a special amendment. The amendment stipulates "thatAlbanian separatists who are not citizens of Serbia, are notallowed to purchase apartments, i.e., any property of thisstate". According to his known theory, this right is denied toall Albanians who have not attended the census, who have not

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voted or who do not recognise Serbian state. Shortly, to allAlbanians who live in Kosova, with few exceptions. The amendmentwas withdrawn from the parliament following the statement by theMinister of Urbanisation and Minister of Finance in the SerbianGovernment who explained that such restriction can not be set inlaw because of the international public, butrespective ministers promised that on basis of political posturesthey prevent the sale and purchase of societal or state ownedapartments and turnover of real estate in general for Albanians.And they kept their promises. By mid April 1993, or few daysafter session of Parliament of Serbia, municipal courts in Kosovastarted to ask for submission of written consent from Ministry ofFinance, Directorate for Property and Legal Relations of Serbia.In this direction, organisations and state organs which hadalready collected the money and had stopped notarising contractswith courts, now started to send documents "in trucks and vans"applying for consent from above mentioned ministry, the one whoissued consent to all Serbs and to an Albanian here and there.

However, in September 1993, they started to ask for one morecondition that, apart from other documents, a certificate ofemployment was needed. This was done intentionally since theyknew that the forceful organs of the occupier had fired more than140 thousand Albanians and that they were not able to have suchcertificates, therefore it was implied that attempts for consentwere in vain. Bajram Krasniqi mentioned several cases of workerswho are still employed but did not manage to get such consents. -I will mention two cases in "FERRONIKELI", then of three otherpensionists, one of them retired in 1981, who have been wastingtheir time running from one counter to another, in vain. Allthese dealings of the occupier are in contradiction with theirlaw. But based on secrete political postures, state organsapplied a policy of genocide against Albanians. This is a policyof its kind in Europe today! It is a misfortune for theinternational community which allows this state of genocide thatthe occupier is doing in Kosova. While Albanians born inMacedonia, who have been living and working in Kosova for morethan 30 years are not allowed to purchase apartments or otherreal estate, even if the seller is an Albanian. Most of them haveasked to be granted citizenship, but until today they havereceived no answer - added Krasniqi. Time ago Serbia was makingpreparations to register all apartments in Kosova, to verify iftheir owners are living there or not. The task was clear, since,as they stated in the Service for Cadaster in Prishtina, allempty apartments are to be considered as property without owners,and as such to be transferred to ownership of the state - Serbia.

Such a census was not carried out yet, and Serb colonisers fromCroatia were not accommodated in empty apartments. The risk inthe beginning was too big, there were even concrete threats. Some

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were forced to "quit asylum seeking" and come back to take careof their apartments. But this calmness of the Serbian authoritiesdoes not mean that they have given up these intentions. Theycarry these actions when they consider that the moment, not onlydomestic but also the international, is suitable.

MACEDONIA

RUNNING TOWARDS MIRAGE

by MERSEL BILALLI \ Shkup

The matter of territorial division, or reconstruction of units oflocal self-administration, represents a problem too complicated,even in states with long democratic experience, since in thislevel and structure positions of the rule of law on one hand andcivil self-administration on the other, are crossed. Althoughaccording to the Macedonian Constitution, the Law on theTerritorial Division of the State should have hadbeen adopted within six months from the adoption ofthe Constitution, the complexity and sensitivity of the issue ledto its delay of four years. A few days ago, the Working Group ofthe Ministry of Justice came out with a version for theterritorial division, most probably to monitor the pulse ofpublic opinion. Reactions were noisy, but most of them were basedon superficial arguments. We would need an approach towards manysegments to have a comprehensive explanation of the matter, andespecially we should emphasise the economic-financial, politicaland functional segments. The Law on Local Self-administrationstipulates several conditions for the formation of newmunicipalities. Firstly, a future municipality needs to havegeographic and economic integrity. Secondly, it needs to be acentre gravitated and thirdly, it needs to have infrastructureand communication ties with surrounding settlements and suburbs.Hence, many villages meet the legal requirements to gain thestatus of a municipality, and many applications were lodged. Butthe truth is that many claimants for municipalities are notadvised about the amount of competencies of the units of localself-administration (municipality) which are approximately equalto the ones of "local communities" according to the Constitutionof 1974. So, municipalities are left only some authorisationsfrom the sphere e communal, sports, cultural matters (in social,education and urbanisation spheres) which distinguishes them fromstate regional administration. Many of them see "a municipality"as a complex of all services, but the truth is that the futuremunicipalities will only be as the ones to be blamed for eventualfailures while citizens will have to apply for services in citieswhere main state administration headquarters are based. This law

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also stipulates that municipalities in the first line will befinanced from their own funds and the insisting ofsome places to gain this status is illogical, sincethey are not in position to pay even for the salary of thepresident of the local community. Legal conditions for financingof municipalities also disfavour future (village) municipalities,since turnover of goods and services, providing for taxes, arerealised in cities where public enterprises exist. So inpractice, we will have stagnation of municipalities (villages)and prosperity of cities. The political aspect of division of thepresent municipalities who have several hundreds of thousands ofinhabitants, resembles a federal unit or a canton. From thisaspect maybe, a division would not be harmful if the law enabledthe creation of joint organs of two or more municipalities, whichwould be a basis for formation of two level localself-administration (county, region, district etc). On thecontrary, the law bans this although it is foreseen in theCharter of the European Council. In the end we should not forgetthe functional segment of the future municipalities, especiallyof rural ones where legal discipline will most probably bedifficult, since there will be lack of authority because of smallcompetencies. There is much opposing and conflicts between manyvillages about the future center, unaware that they oppose eachother for no reason. So, a small municipality with largeauthorisation which is a practice and reality in Europe, will bea dream for a long time in this region. This also goes for thetwo level local self-administration. Therefor, running after newmunicipalities is no more than running after a mirage