PROPOSAL FOR A CONSTRUCTIVE APPROACH OF THE INTERNATIONAL COMMUNITY TO THE KOSOVO PROBLEM

Vatroslav Vekaric
 
 

1. The Approach to the Problem

When approaching the problem of Kosovo it is necessary to have in mind the following facts that are of a general character:

a) The Kosovo conflict represents a potential hotbed of war in the Balkans, which in the worst possible variant (unfortunately, it is the worst variants that usually do prove true in the Balkans!) could develop into a regional war of a more wider scope and one which - apart from Serbia (FR Yugoslavia) and Albania - could involve also Macedonia and Greece, as well as Turkey, necessarily implying negative consequences upon the stability of the continent and the credibility of NATO. This danger is a rather realistic one. Besides, the unresolved Kosovo dispute generates new and strengthens almost all of the existing challenges that the post-Cold War order is facing - from ethnic conflicts, terrorism and the suppression of human rights to uncontrolled migration, drug traffic and other forms of criminal phenomena.

b) Internal instabilities and confusion that are visible nowadays exactly in Serbia and Albania bear many uncertainties, making Kosovo an issue that can be used for internal political purposes - something that in Serbia is already taking place. To this one should add that peace in Bosnia-Herzegovina is also not of a definitive character and that a possible "opening along the seams" in this country could also induce the spiral aimed at searching for violent solutions to the problem of Kosovo.

c) In essence, the problem of Kosovo is a conflict of the type "zero sum game", which means that the parties involved should be asked to accept profound and far-reaching compromises, for which they do not seem to be ready at the moment. Apart from the objective aspects of the conflict, that even in theory cannot be solved in such a way that would leave both sides completely satisfied, there is a huge layer of wrong perceptions, prejudices and misunderstandings that can be removed and alleviated by patient action. Some of them could be mitigated even on the basis of positive experience in the history of relations between the Serb and Albanian communities in Kosovo; a certain doses of such idealism seems to be necessary in dealing with the Kosovo conflict.

d) The Kosovo problem cannot be successfully solved either by the protagonists in Serbia or in Kosovo that are not authentically devoted to democratic and humanitarian principles and to the respect for human rights as the basic category of not only the internal order of states, but also of their mutual relations. The problem of Kosovo is a real problem which the elite in both of the opposing sides are manipulating in order to gain/preserve power. Therefore, the democratization of the societies in both Serbia and Kosovo represents the conditio sine qua non for a successful process aimed at finding solutions to the Kosovo problem.

e) For both general and "real politics" reasons it is necessary to treat the Kosovo problem only with respect of the Helsinki principles by which borders are not to be changed by use of force on the one hand, and on the other with recognizing of those elements of the right to self-determination of the Kosovo Albanians that are not endangering the first mentioned principle.
 
 

2. Outlines of a Productive Action by the International Community

If the above mentioned standpoints are correct, than they strengthen those views which see the engagement of the international community and the solution to the Kosovo problem based upon the following argumentation: a) A durable solution to the Kosovo problem must be based upon a strong pressure of the international community upon the participants in the conflict so that they understand and accept that apart from a solution arrived at by agreement any other approach (use of force and repression by Serbia and using terrorism or subversion by the Kosovo Albanians, or avoiding substantial negotiations by any of the participants) will face strongest possible reaction by the international community and, vice versa, that a constructive and peaceful approach will bring certain advantages (economic assistance, investment, recognition, etc.). Although the irrational mentality of the Balkan peoples - especially when headed by non-democratic oligarchies - does not seem inclined to receive economic benefits in exchange for democratic behavior, social crises will in time probably strengthen the power of this instrument of political pressure. The parties involved should be led to understand that the international community is not prepared for any compromise when it comes to the necessity to broaden the processes of democratic transition in Eastern Europe to the Balkan area and that it is ready to intervene energetically in favor of democratic solutions to problems, as it did partly in the last stage of the Bosnian crisis.

b) It is necessary to achieve full Euro-American consensus with regard to the approach to the Kosovo problem and to secure a constructive attitude of Russia. The international community should draw lessons from the negative implications of divisions (1991-1994) between the USA and Europe, within the European Union and between Russia and the West in the case of the Yugoslav crisis.

c) Simultaneously with the search for concrete models for the solution to the problem it is necessary to insist persistently and energetically upon a democratization of Serbia and Kosovo as a part of FR Yugoslavia. Strengthened and durable support to authentic democratic and anti-nationalist political forces and groupings both in Serbia and in Kosovo represents a crucial aspect of any search for adequate solutions. Appropriate measures should, within the realm of the possible, accomplish selective canceling of all measures that are a result of the so-called "outer wall of sanctions" against FR Yugoslavia which affect its democratic forces, institutions and media.

d) The solution to the Kosovo problem by creating new states in the Balkans (Adem Demaqui's "Balkania" and similar ones), by partitioning Kosovo or by recognizing Kosovo's independence would be too dangerous or utopian, and due to its complicated nature and the factual impossibility to implement it, would not produce the desired results. The problem of Kosovo should be solved within FR Yugoslavia, with ensuring Albania's constructive approach, and with international mediation, political and diplomatic assistance and expertise.

e) It is necessary to create an initial model of the constitutional status of Kosovo within FR Yugoslavia that will open the maximum of possibilities for the Kosovo Albanians to enjoy the right to self-determination and will give the biggest (internationally controlled) protection to all ethnic groups. Such a model is possible only with innovative combination of the following models:
 

- original autonomous status of Vojvodina and Kosovo within ex-Yugoslavia;

- the contemporary constitutional position of Montenegro within FRY;

- South Tyrol;

- asymmetric federation within FRY (with the position of Kosovo that would in fact be similar to a) the Swiss cantons, or b). Quebec);

- division of power like in the present model of South Africa where the minority would enjoy rights that are bigger than those they would enjoy by their number.


In essence, the position of the Albanians would be more than that of a minority, but less than that of a state-building people, with an adequate constitutional and practical (and internationally controlled) guarantee of the highest standards of human rights.

f). Any of the accepted solutions would enjoy strong international guarantees and would be set for a period of 25-30 years with the right of the involved sides to demand - under precisely agreed procedure and with international participation - the reconsideration of the agreed solution.

g). Actively participating in the negotiating process and observing it, the international community would support the solution of the problem step by step and guarantee every achieved agreement through adequate mechanisms of the UN and OSCE, and when needed and in accordance with estimations, also reward them with adequate economic measures.

3. The Beginning of the Negotiation Process

a). The representatives of Serbia and of the Kosovo Albanians should be demanded, as soon as possible, to enter negotiations with the assistance of a mutually acceptable foreign mediator (an outstanding personality, and with regard to nationality, preferably for instance of Italian or Spanish nationality). Negotiations should be held in FR Yugoslavia.

b). Negotiations should be open and without any preconditions, but at the very beginning both sides would be asked to:

The Albanians:

  • to oblige themselves not to bring into question the territorial integrity of FR Yugoslavia;
  • to participate in the political life of Serbia (taking part in elections, etc.);
  • to give up secessionist activity and propaganda.


The Serbs:

  • to stop repression in Kosovo, to pull out the Army of Yugoslavia form the towns of Kosovo to the borders of FRY and to ban para-military groups;
  • to prosecute any anti-Albanian chauvinism on the basis of the existing Yugoslav legislation;
  • approach the social, medical and educational problems in Kosovo with utmost seriousness, and re-open the schools and return to bilingualism.


Preparations for such a beginning of the negotiating process should be preceded by a coordinated and well prepared action of diplomatic persuasion of both sides.

The above mentioned approach to the solution of the Kosovo problem would, in my view, have realistic chances to succeed under the condition that both sides show genuine interest to negotiate. If the international community does not get doubtless proofs of such readiness, it is necessary to exert political, diplomatic and economic pressures to this aim.

Belgrade, April 1997




 
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Last revised: August 1997

 
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