The request for a monoethnic “zajednica” is a request for the administration of territory and economic assets, which would have a horizontal extension and connection in the South of Kosovo, but with a vertical decision-making up to Belgrade. And this would practically mean new administrative borders (from the content of the draft statutes) bypassing the constitutional provisions, the unitary state regulation and the state subjectivity of the Republic. With this, Serbia would realize the political reoccupation of Kosovo, by diluting the legitimate content of the legal opinion of the General Court of Justice and by bringing back as a reference resolution 1244 of the UNSC
By Shqiprim PULA
In the region, the nineties were the years of crossroads and wars, just as it happened with our country, Kosovo. After the armed war, political wars began as a resistance to influences on the vital sphere both for the masses of people to support the political wars and for the assets and territories where they were located. Political Prishtina absorbed urban and non-urban, legal and illegal politics, sometimes with resistance and sometimes unnoticed, that were accommodated through struggles for institutional embracement and not only. But, in addition to local political actors, international public political/diplomatic and para-political actors were also involved, who sufficiently influenced our decision-making, and their activity intensified whenever they wanted to achieve a certain goal.
In democracies with a parliamentary system, it is quite natural to have parliamentary and non-parliamentary political forces, which, each separately and together, had responsibility for something in common that has to do with political, economic, social, military and administrative throughout the territory of the country, but, unfortunately, the institutional political responsibilities did not extend to the entire territory equally! Perhaps it should also be understood as the ugliness of professional ignorance and moral hypocrisy in politics, thus creating a quagmire of political morality in society.
Kosovo and Serbia continue to be at war, to the extent that a ‘Peace Pact’ has not been reached, and not knowing the pace, we hurried to run, maybe for a “normalization agreement” where the Association for Serbian Municipalities or “zajednica” was part of it. a monoethnic organism!, and Kosovo did not find peace after the proclamation of the Republic on February 17, 2008, nor normalization after the “agreement” of 27 April, 2013 when we remember the violent protests, barricades and military aggression on September 24, 2023 against the constitutional order and territorial integrity of the Republic of Kosovo. Undoubtedly, every agreement that the government signs on behalf of the Republic has its importance and validity, but as long as the circumstances and reasons further exist. Meanwhile, illegal security structures, money (dinar), postal services, health services, parallel illegal Municipal institutions of Serbia inside Kosovo, created an occupying state in certain parts of the country, and in the north in particular! So, Serbia used this situation to legitimize its request, supported by European and international actors, for its formal institutionalization through “zajednica”. The request for a monoethnic “zajednica” is a request for the administration of territory and economic assets, which would have a horizontal extension and connection even in the South of Kosovo, but with a vertical decision-making up to Belgrade! And this would practically mean new administrative borders (from the content of the draft statutes) bypassing the constitutional provisions, the unitary state regulation and the state subjectivity of the Republic. With this, Serbia would realize the political reoccupation of Kosovo, by diluting the legitimate content of the legal opinion of the Constitutional Court and bringing back as a reference resolution 1244 of the UNSC.
Bringing the north of the country under control (absent for a long time) by neutralizing the Serbian para-state groups has created a new situation, which has made it possible to create the preconditions for sovereignty in territorial administration throughout the territorial borders and, consequently, the implementation of the constitution and political power over the spirit of democracy. The constitutional and legal provisions guarantee the principle of equality for all minorities in the country, so that they have the opportunity to be involved in local and central institutions for the protection of their interests without the need for any kind of “zajednice” exclusively for the Serbian minority. Therefore, we don’t need the goals or the political calculations for power, or the accusations of who and in what steps went wrong with “zajednica”, but we need political unity to avoid the political and institutional extension of Serbia in Kosovo, implementing a practice like state doctrine, that of the fundamental principle “Rebus Sic Stantibus” which means that the agreement can be suspended, cancelled, terminated or withdrawn from it. This principle should be implemented by the political spectrum on behalf of the Republic of Kosovo as a safety valve, which is also recognized by the Vienna Convention (of 1969) on Agreements/Treaties.
Due to geopolitical changes, the geostrategies of the member countries of the North Atlantic Alliance have also changed, for example the agreements between Greece and France for mutual protection in the event of an eventual attack, whether it is a member of NATO (allusion to Turkey) or of the Indo-Pacific for mutual defense between the USA, the United Kingdom and Australia. We, in order to strengthen and protect the Republic from any kind of situation, must reach defense agreements with allied countries because throughout the dialogue process, political Kosovo spoke the language of reason and the Serbian side spoke the language of barricades, violence and military aggression.
Just as the liberation war was comprehensive and united all Albanians for the same ideal, so now the unity of the entire political spectrum is required to preserve the Republic from Serbia and those European and international pre-politics by means of the “Rebus Sic Stantibus” doctrine.
(The author is an expert on international relations)
