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The weekly Koha (The T imes) was published in Prishtina (Kosovo) between 1994 and 1997. E dited by VetonSurroi, a young Kosovar journalist and one of the pioneers of democratisation in former Y ugoslavia, Koha

soon became a symbol of quality among the region's media. In 1997 it started to be published daily under the

name of Koha Ditor. With the kind permission of Mr. Surroi, Koha digests were originally posted on

http://koha.estudiosbalcanicos.org.

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Koha Digest # 152

Date: 11 June 1997

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of a special commission for the revision of all private real estate

contracts among members of different nationalities. This is

exactly why the old laws approved following the ruin of Kosovas

autonomy were again reactivated these days.

According to attorney Nekibe Kelmendi, Serbia came up with two

laws on regulating the issue of the purchase of real-estate. The

first one is the "Law on the Turnover of Real-Estate", which has

been published with all its supplements in Serbia's "Official

Herald", # 40/89". But, she adds, precisely because Kosova is

under siege, Serbia adopted another act regulating the same matter,

a special law on the purchase and sale of real estate, called the

Law on the Special Conditions for the Turnover of Real-Estate,

which was published with all it's supplements in Serbia's "Official

Herald", # 22/91". According to this law, the purchase-sale

procedures in Kosovas territory should be done based on specialconditions during ten years, starting from the day the law entered

in force. So, this law is valid until the year 2001. The special

thing about this law, says Kelmendi, is that even though 90 percent

of Kosovas population is Albanian, the sale or purchase

procedures, the rental of properties, giving away of the properties

of exchanging them, are all limited and they depend on Serbias

Financial Ministrys approval.

In case of approvals absence, then the verification of contracts

cant be done by any courts, on the other hand the absence of thepermit makes the contract juridically non-valid. This is exactly

why this law has foreseen that the citizen that owns different

properties bought without Serbias Financial Ministrys approval,

will be punished with 60 days imprisonment or will be forced to pay

a fine up to 1000 dinars. This punishment is applicable in the

case of private persons, meanwhile juridical persons undergo other,

different, forms of punishments. This law has been evaluated as

discriminatory, says Kelmendi, adding that this discrimination

is certainly very transparent in Art. 6, which foresees that the

person who possesses the property without Finance Ministrys

approval is guilty. And the guilty are always the buyers,meanwhile on the other hand the sellers are not guilty at all. In

this region, as usual, the buyers are always Albanians, and the

sellers are always Serbs or Montenegrins. Nekibe Kelmendi says

that this law has ten articles and it's purpose is to keep Serbs

and Montenegrins on Albanian territories of Kosova by all means.

This means that this law only defends their interests and doesnt

consider them as guilty when they sell to Albanians their

properties without Serbias Finance Ministrys approval.

Since there are a lot of Albanians who have bought flats from Serbsand Montenegrins without the ministrys approval in the past years,

and they live in those flats, now a broad campaign against

Albanians has started. According to some sources, only in

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Prishtin, 24 persons are waiting to serve their 60 days in prison.

Some 96 similar cases are known to have taken place in Prizren, and

for example in Klin, tens of stores have been closed because Serb

owners of this shops have rented them to Albanians, without the

ministrys approval. But, the issue stands on the fact thatministry doesnt decide at all, or at least never decides

positively on Albanians' claims for giving the approval for the

pruchase or sale of properties.

The strictness in the application of this law is seen even from the

fact that Serbias Parliament has formed a special commission that

deals with the rigorous application of this law.

Likewise, even from Serb administrators of different municipalities

strict control measures have been put, as is the case, for example,

of the Municipal Assembly in Prizren, where a box has been placedwhere anonymous citizens can put their denunciations on the

purchase or sale of real-estate properties.

But this law goes even further. According to Kelmendi "Albanians

are denied the right to buy the societal flats that they have the

right to use, because the Ministry doesn't give them the consent to

buy them, regardless of the fact that these apartments are not in

the domain of this law".

Anyhow, the reactivation of the law is considered to be made inaccordance with the pre-electoral marketing in Serbia. Its

reactivation takes place in different periods when Belgrade

wants to convince Serbs from Kosova that someone up there always

takes care of them, especially when the votes are needed to keep

the existing government alive.

MACEDONIA

ONLY GOD CAN HELP US

by ISO RUSI / Shkup

The Constitutional Court of Macedonia rejected the appeal of the

Municipality of Gostivar, following the provisional decision on the

use of the flags, asking the Government to assist in the

application of this decision and have the flags removed. Thus

practically, the Constitutional Court confirmed its previous

decision and transferred the responsibility to the Government which

should apply the decision and find the way to remove the flags fromthe building of the Municipality. It is more than clear that the

use of the Albanian flag, that at the same time is the flag of a

neighboring country, is disputable. But, it is not clear at all how

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will the Government act, because it is well known that removing the

flag from Gostivar can't be done without problems.

On the other hand, the disputable flags are also found in other 23

municipalities in which Albanians hold the power. It is clear thatthe whole problem appeared after the local elections and the

establishment of the local governments that didn't hesitate to

practice what was guaranteed by law even in the past system - the

use of their national flags. In the justification of the

Constitutional Court which has a political dimension, the Court

considers that the Government is obliged to enforce this decision.

This incited the reaction of the Prefect of Gostivar, Rufi Osmani,

who considers that this further deteriorates the anyways bad

relations between the nations.

Naturally, the whole case is the manifestation of what is happeningin the political life of Macedonia and the every day life.

Polarization on national grounds also occurred in Macedonia, and

the relations between the two largest nations, Macedonians and

Albanians have deteriorated. This has, first of all, happened

because of the unwillingness of the Government to find a solution

for the determined problems and because of the strange practice to

"put the problems under the carpet". Although there is an opinion

that Macedonia has evaded war, the quality of the inter-ethnic

relations has deteriorated. The national groups have hegemonized.

Political structures on both sides, if they wish to remainimportant political factors, they must be accepted by the masses

and give promises to their communities. On the other hand, the

victory on local elections and the legality given to them by the

local voters have opened the chances for municipal integrations on

national levels, although all of this is anti-constitutional and

illegal.

When it comes to national interests, there are no differences in

the Macedonian political scene between rightist, leftist and

centrist viewpoints, regardless if we are referring to Albanian or

Macedonian parties. The paradoxes are bigger, because in the pastyears there has been an approximation of different parties around

the national interest.

A stalemate has been created in the inter-ethnic relations. An

atmosphere has been created in which the only solution seems to be

the determination for some steps towards a narrow solution. The

proclaimed civic concept is nothing but a written wish. The bad

inter-ethnic relations have reached the point of absolute lack of

mutual trust. The only organ that interprets the Constitution, has

made a politically motivated decision and which must becomeconcrete by the Government. The fact that the deadline for its

realization has not been set, will lead to the situation in which

the Government will stall with the removing of the national flags

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from the Gostivar Municipality as much as it can. If force is

applied, the losses will be big. And, the removing of the flags

that would later be guarded by the police, is not a good solution.

And, the police could spend all it's time doing precisely this.

The threat of "close encounters" is big. If the SDLM plays the roleof the "defender of the Macedonian nation and state", aiming at

saving it's own skin in the coming elections next year, it will

only accelerate the process of the events in the unwanted

direction.

The situation seems not to be controlled by anyone and maybe it

will be very hard to control it, anyway. Everything depends on a

million unpredicted things that could happen among the masses and

their leaders. Finally, the flags are not that important - this can

only be an introduction to a deja vu.

The "wise" Macedonian politics has proven so far that it has

learned nothing from the ex-Yugoslav experience. Not everything

depended on the international factor, many things could have been

done in the common domestic ambient, on time and in peace. Thus, we

have come to a situation in which only God can help us.

INTERVIEW

ALEKSANDAR TIJANIC, Editor in Chief of "Gradjanin"

"KOSOVA'S PROBLEM IS IMPOSSIBLE TO SOLVE!

Interviewed by DUKAGJIN GORANI / Belgrade

Before we started the interview with Aleksandar Tijanic, ex-

information minister born i Gjakov, journalist and columnist for

at least twenty ex-Yugoslav newspapers and now founder and editor

in chief of the daily "Gradjanin", the protests of doctors, social

workers and God knows who else were starting on Belgrade'sTerazije... The one that deeply knew Serbia's era of socialist-

communist media, as well as the best interpreter of the Serbian

version of the plot that followed Milosevic's famous "Eighth

Session" - a person that Belgrade considers as the only man who got

rich from journalism - despite the fact that he walked

alternatively across the ledge of social disobedience and the

beneficial flirts with the regime, seems to (still) achieve success

through the publishing of a daily with an exclusive urban profile,

and who, after everything was over, was able to take a look at the

Serbian common protests taking place in extreme heat, from thecoolness of his office on the fourth floor...

KOHA: You are now leading Belgrade's newest daily, "Gradjanin". You

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social and material elite, while everybody else dropped to the

lowest level of social ranking.

KOHA: It seems as if you think that this is the ideal time for

another Tito...

TIJANIC: I'm going to say something that Serbs aren't going to like

that much, and that is the fact that they had a good life with

Tito. His whole personal guard was made up of Serb officers; his

assistants lived in Belgrade, he lived in Belgrade... Whether we

like it or not, we had a nice life during his reign.

I think that all of Yugoslavia's peoples needs a charismatic leader

and that democracy is not suitable for Balkan's peoples and that it

won't function until the half of the next century. In the Balkans,

it expresses only the bad sides and that is one of the dramas ofthe people on the peninsula.

KOHA: You mean the constant siding towards anarchy?

TIJANIC: Not only towards anarchy, but also based on the "for

everything and everyone permit", it is the unscrupulous always

triumph, the ones that spread racism, that favor their nation

proclaiming it's historical or biological importance. And all this

always ends up with the defeat of all those that proclaim

tolerance, peace and real values of democracy. So, I think thatnowadays, Serbs think of Milosevic as a multi-party Tito, as a

national Tito.

KOHA: How far does such an understanding go?

TIJANIC: Milosevic has many advantages when compared to the

opposition. The Serbian opposition is not united. I think that

Serbs do not have lists of national interests and aims, on which

the regime and the people could agree. And which in some way the

Albanians achieved. They only differ when it comes to the

arrangement - if their aim is to be accomplished at a slower orfaster pace. On the contrary, Serbs don't have that. One of the

Serbian dramas is that they don't have a perception of the time

passing. We've wasted ten years and I think we're going to waste

another ten, until we catch the tail of Europe's development. Serbs

will wait for the solutions to Kosova's issue, to relations with

Vojvodina and Montenegro, as well as for relations with NATO (that

would put Serbia in the same position as Bulgaria, Rumania,

Macedonia and Albania)... Not to mention Bosnia, Croatia,

Slovenia... So, as a nation, we have many problems and I regret to

say that - hiding them under the carpet - isn't a solution.

KOHA: Particularly, Kosova's problem...

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TIJANIC: Since we're talking about it, I don't think there many

problems that can't be solved. And I also think that there is no

acceptable solution (for both sides) of Kosova's issue. I

personally think that Kosova's issue began as an ideological issue

and not a national one - but having human rights in mind, the newAlbanian intelligentsia turned the ideological issue into a

national one, and in the end - with great skill turned the human

and national rights into aspirations and political aims! That was

done with great skill and Serbs were not able to oppose them

because of two reasons: first, because they underestimated the

international public's influence towards the events in Kosova, and,

secondly, because they underestimated the contacts that Albanian

youths set up in Europe and other parts of the world. So Serbs

didn't have a solution for that. They still don't have one. That's

how Albanians managed to make an issue of their question in front

of the whole world, without the solving of which, Serbia is boundto have a very difficult time recommencing it's position in the

international community.

I don't see a way in which Serbia could solve Kosova's issue, since

it has already turned it into a territorial issue. Serbia couldn't

make the Albanians split into pro-Yugoslavs and nationalists; the

Albanian nation is one of the most compact nations in the Balkans,

never mind the small differences which they have between

themselves, they always seem to stick together...

KOHA: From this point of view, the difficult situation in Albania

must still be analyzed...

TIJANIC: I think that the events in Albania have somehow built a

wall between Kosova and Albania, but any common Albanian would say

that the situation in Kosova is a lot easier to bear. In Albania

the whole state is destroyed. Not only the national rights, one

can't even guarantee people's elementary security.

KOHA: Kosova Albanians consider that such things, for decades now,

aren't guaranteed even in Kosova.

TIJANIC: ...Of course, one shouldn't think that the chaos in

Albania is going to last forever - what can easily happen with

Kosova. I also think that Kosova's Albanians are beginning to

realise that they have to reach some agreement about living

together. I'm not pleased with the situation in Albania at all,

because I think that it could cause serious problems to Serbia,

Montenegro, Macedonia, etc., but I think that the turmoil will

cease with time. In the meantime, us Serbs and you Albanians could

try and find a formula that I wouldn't call solution, but cease-fire. I think that one of the solutions would be postponing the

territorial conflict for at least ten years. A temporary solution

should be found - where the Albanians should accept living within

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Serbia, but also where they would be able to enjoy all human rights

guaranteed by the world... Even though if it comes to that point -

that I think would be very difficult - Serbs wouldn't be happy at

all with the Albanians' return to the Serbian state system, since

such a thing would change the very roots of the relation of forceswithin Serbia, because Albanians would be there with one fourth of

the potential votes.

KOHA: Today they wouldn't even accept the status of an equal

republic within some Yugoslav federation...

TIJANIC: ...Well, on the other side, I personally think that for a

relatively long time, at least for the twenty years to come, there

won't be any Serb leadership that would be willing to sign the

agreement on establishing the Republic of Kosova. That leadership

would go bankrupt immediately.

KOHA: What's your opinion of the Serb opposition?

TIJANIC: It doesn't exist as a common denominator. It is divided in

the progovernment group, which consists of one big party, maybe

two; it is divided in the radical right, that is known to negotiate

with the regime - and, it is separated in a centre block, that

normally can't survive. To be more precise it will never be united

- not even when it comes to thwarting Milosevic! Even though you're

not going to like it, they might share the same views only when itcomes to refusing to grant Kosova the status of a republic. So, put

in other words, the only point in which the Serbian government and

opposition will agree, is rejecting the status of a republic for

Kosova, because it's departure from the rest of Serbia, would mean

national castration.

KOHA: How long could life be preserved by myths?

TIJANIC: I was born in Kosova and have special relations to the

place. But I have begun to get the impression that for Serbs,

Kosova is a heavenly place. It doesn't exist in a realistic form,one can't grasp it. On the other hand, if it exists as a realistic

myth (!), if it is holy land, it would be predictable that, after

a number of attempts, tens of thousands of Serbs would return. But

there are only one thousand, five hundred or sixty that would be

willing to return. Which means that Serbs don't like living in

Kosova. Not even under the tough regime that Serbia is known to

offer. Even under the secure umbrella that Serbia would offer,

there wouldn't be ten thousand Serbs willing to live there - let

alone hundreds of thousands or a million.

KOHA: Would Serbs start war with Albanians for Kosova?

TIJANIC: Yes.

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KOHA: For a territory in which they wouldn't be willing to live in?

TIJANIC: At this present time, it's not a question of ratio, reason

- it is something completely irrational. Serbs came out of war,

after the destruction of Yugoslavia, with complexes of thedefeated. In other words, "from the war in which they didn't even

take part." The refugees, the disability to attach Republika

Srpska, the complete loss of Krajina, Slavonia... All of this, is

a form of an irrational dream, that's why I think that Serbia would

be willing to fight for Kosova in Kosova. That would mean that they

are not willing to give up a territory no matter who lives in it.

This is an issue of symbolism, an issue on how it would look "on

the world map"... Of course, according to me, they have already

lost this territory, because they are not willing to live in it.

Regardless of many departures, the unreasonable politics, high

birth rate when it comes to Albanians... for what I consider to betrue. But, I also think that it is true that Serbs, within their

national state, wouldn't want to live there. That in itself

represents a problem. The actual situation is unbearable for both

sides. There is no real solution. I personally have started

thinking more and more about the option of splitting Kosova.

KOHA: You are thinking about Despic's presentation at the Serbian

Academy of Sciences and Arts?

TIJANIC: Yes. He has been repudiated by all Serbian politicians,but this is also a realistic variant of a possible solution.

KOHA: Don't you think, among others, that such a thing is a deep

disrespect of the Dayton principles?

TIJANIC: Yes, but according to Dayton's criterions, there is no

place even for establishing a republic of Kosova. The Dayton

agreement guarantees even Serbia's territorial order. Dayton

guaranteed the territorial integrity of all those that participated

in it... Some political circles in the USA speculate that, in case

Bosnia is destroyed, Serbia's unification with Republika Srpskawould be allowed, in which case, Serbia would give Kosova up - in

other words, it would give Kosova the right to form a republic,

that would be within a federation made up of four units. Even

though, such a thing would be very, very difficult.

KOHA: Do you think that the long lasting winter protests in Serbia

boosted it's political viewpoints, in the aspect of understanding

the needs and the pragmatic Serbian inabilities, faced when with

the mythic geo-political differences?

TIJANIC: They didn't make any changes in Serbia's political map.

That form of energy ran through the streets, was washed up and in

the end ceased to exist...

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KOHA: Except maybe, the new capital city's mayor...

TIJANIC: They're all senseless, since they only prove that no

political coalition, that doesn't feel the same about political

interests and aims, can't exist in Serbia. I think that Djindjicand Draskovic lost a large amount of political capital because of

their conduct, and I also think they one of them must sooner or

later withdraw from the coalition. The one that whilst withdrawing

says "I don't need to irritate Serbs or Belgrade with such

conduct", will immediately get a political lead.

Anyway, I think that what makes the street protests significant is

that it put a new middle class on the street to protest: students,

dissatisfied state workers, that can't make a living from their

wages - so I think that Milosevic, will have much trouble with them

in the future, since they are ready to protest in public wheneverthey think it fit. On the other hand, the left wing owns 33 per

cent of the votes, the maximum that can be achieved. In the 33 per

cent, I include Milosevic's vote, since without him they would have

only 20 per cent of votes left. But, there is a chance of someone

like Djindjic or Kostunica, who might be able to merge (the

scattered) opposition. Even though I don't think that there is much

the opposition can do. I think it's clear that Milosevic and

his socialists will remain in power up to the turn of the century.

KOHA: Like a person who has worked for the media, what do you thinkof the trials taking place in Kosova, and of people being sentenced

to ten years imprisonment for publishing a newspaper?

TIJANIC: I still think that there are written words that are

dangerous. Still, it's different if such a word brings punishment.

I'm not familiar with the trial, but I strongly oppose any

imprisonment of journalists, no matter whether they are Albanians

or Serbs. Even though, like I said before, there are some things

that, when written, can cause a real explosion, especially in a

place such as Kosova.

On the other hand, I think that Belgrade medias and other Serbian

associations keep an eye on the way that the events develop in

Kosova, I might add, that they are very objective too. Especially

when it comes to those that oppose war, on which I don't think

Albanians should object.

KOHA: How would you evaluate Albright's visit?

TIJANIC: Futile. I think that her aim was to make Milosevic hear

the American administration's tone, but she didn't accomplishanything politically. She met Milosevic in his uttermost aggressive

mood, after the 99 days' protests when his position strengthened.

He has put Vucelic and his people back in their ranks, and is

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preparing for the elections which he will win, and he's also going

to get at least 1 billion dollars from the privatisation of the

post offices, he isn't interested in the foreign factor...

Milosevic speaks softly with the Americans only when the domesticsituation isn't good. He met Albright quietly, he didn't promise

anything, and walked her out - that was all. That was just a simple

visit that was not fruitful in a political or diplomatic sense, for

Americans or anybody else.

In the end. I think that all of ex-Yugoslav nations, other than

Serbs and Albanians, have settled their national issues. So it's

only you and us left in the battle. And, in a direct territorial

conflict. Frankly, I would prefer to see Kosova split, rather than

having my son live in a state with an Albanian majority within

fifty years. Which state would allow such a thing?

If Kosova's question is not solved, nationalism will explode up to

an unforeseen level; Seselj will grow at a very fast pace - even

now he controls up to 20 % of the votes. But the radical solution

of the problem shouldn't be hastened. We shouldn't be nervous. I

think we should postpone it until the situation is calmer, since

today, every incident could lead to real fire.

The solution should be postponed at least ten years, during which

time agreements about living together should be reached, whatSerbia should give up on - within international guarantees - and

consequently, what Albanians should accept.