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ESSAY
By Mehdi Hyseni
ABSTRACT: Kosova is colonial, not minority new
issue ( arise from 1990 when SFRY was destroyed by
Slobodan Milosevics genocide and militarist Serbia)
as Serbian government and Serbian Orthodox Church are
trying to manipulate with it in the face of the
international community.
However, the historical truth is that Kosova was
under colonial rule of Serbia, respectively the
Kingdom of Yugoslavia ( Serbs, Croats and
Slovens) /1918-1941/, the Socialist Federative
Republic of Yugoslavia(1945-1990) , and the
Federal Republic of Yugoslavia (Serbia and
Montenegro) /1990-2006/. As a result of the colonial,
genocide and annexation rule of Yugoslavia,
respectively Serbia on Kosovo and the another
indigenous territories of the Ethnic Albania (1912-
1999), Albanian people and Ethnic Albania separated
in two parts in favor of the enlargement of the
Serbias territory. This is the main cause why Kosova
had struggled through centuries/1878-1999/ to
realize its the right of the self-determination and
full independence from Serbia.
In this context ought to act rightly, legally and
democratically the main factors of the international
community (USA, OUN, EU, NATO etc.) to resolve the
final status of Albanian Kosova. Regarding to this
important universal and principle approach of
Kosovas colonial problem, the author of this essay
was obliged to make one thing absolutely clear:
Without granting of the external self-determination
to Kosova, theres no doubt that Balkans cooperation,
security and peace will remain fragile and
dangerous not only for the Balkans peoples, but also
for European Union, and in the wide sense.
Otherwise, every another approach (such is
decentralization which theoretically and
practically means disintegration of the integral
native territory of Kosova in favor of the Serbian
colonist minority(8%) will be in the deepest
contradiction with international law, and the UN
charter. If the international community want to bring
together different peoples with diversity history,
culture and civilization in this case it must
respect the right of the self-determination to all of
them which still havent get their independence
from their colonized regimes such as the drastic
case of the Serbia with its colony of Albanian
Kosova.
All of us should be aware that multiethnic,
integrated and pluralist societies within Europe and
all of the world too, can be create in the real
sense, if we apply the same international norms and
standards(not double, or different ones). Also, The
new world order can only be realized if all states,
large and small, respect the United Charter. (Robert
Jackson, The Global Covenant-Human Conduct in a World
States, Oxford University Press, New York, 2000,
p.3).
____________________
At first, I must confess that as all of the
Albanian people inside the Ethnic Albania, and in
diaspora too, I also as an inalienable part of one,
appraise at high level with respect and devotion
all of up to now attempts (political, diplomatic,
economical, humanitarian and military) of the United
States of America, managed and governed by the
state administration of the ex-president Bill Clinton
and the actual president George W. Bush in
revival, life-saving and universal protection (
moral, humanitarian, democratic, legal etc.) of
Albanian people and Kosova. But, being that this is
very important historical moment as well as the last
chance to resolve properly the final status Kosova
according to the external self-determination,
particularly the United States and the United Nations
need to take into account historical right and
International Law, not heterogeneous geopolitics,
economics and military interests of the Europe
which morally and legally is responsible for its
unimproved historical and political mistakes toward
Albania and Albanians which did twice through The
Congress of Berlin (June 13 - July 13, 1878) and The
London Conference of Ambassadors 1913, dividing them
in two parts, and annexed them to Serbia, Greece and
Montenegro.
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 Mehdi HYSENI
The historical background 1878-1999 /briefly/
These indisputable historical facts prove that
origins of the conflict between Serbian and
Albanians arent of the new date from Titos
Yugoslavia (1945-1989), respectively from Slobodan
Milosevic Yugoslavia (Serbia+ Montenegro, 1989-2000),
but is very old since 1878; 1912-1913 as we mentioned
above. However, by then up to now Albanians never
stopped their attempts and struggles against Serbian
colonial rule and genocide in order to release
themselves and bring back their indigenous
territories of the ethnic Albania. This our
conclusion in favor of the historical and the self-
determination of the Albanians and Kosova witness
and follows arguments : (I) Albanian Kosova has
been inhabited by the Illyrians, who are the
ancestors of the present day Albanians who
constitute over 90% of its inhabitants, and
henceforth must be rightly called Albanian Kosova.
(II) Also, in 1878, Kosova was part of natural
Albania because of this fact in the same year (as a
counter-replay to anti-Albanian resolutions,
adopted by the Congress of Berlin) was founded the
Albanian League of Prizren (1878) in sign of the
revolt against the Ottomans, but for a short time it
was destroyed by the military intervention of Russia
and the Ottomans, which led the Great Powers
Congress of Berlin in 1878 to enable Serbia and
Montenegro to steal Albanian lands and to genocide
the Albanians for the second time. That was the
Russian intervention in favor of the Serbia and
Montenegro which destroyed peaceful coexistence in
the Balkans and is still destroying it. (III)
Albanian Kosova was a legal part of the independent
of Albania (November 28, 1912). But it was invaded
by military Serbia which committed genocide against
its indigenous people. The injustice done by severing
Albanian Kosova from its motherland was crowned in
the London Conference of Ambassadors (December 1912-
August 1913).(IV) In 1918 Albanian Kosova was
inclusive in the Kingdom of Serbs, Croats and
Slovenes by force and genocide, but it was flagrant
act of colonialism, dividing Albanian territories,
and giving rise to the Albanian right to the
decolonization of Albanian Kosova. During 1918-1919
Albanian Kosovas struggle for independence was
crushed through genocide crimes committed for the
fourth time by the Serbs against its indigenous
people, including the importation of Serbian
colonists in Kosova, respectively in Ethnic Albania.
According to articles 20 and 22.4 of the Covenant of
the League of Nations, the severance of Albanian
Kosova from Ethnic(natural) Albania is declared null
and void and its independence from the colonizing
Power is provisionally recognized.
In violation of the Covenant of the League of
Nations, Albanian Kosova was colonized in the period
1918-1941 by the Kingdom of Yugoslavia and was
officially declared and treated as a colony, through
implanting Serbian colonists, expelling hundreds of
thousands of the indigenous Albanian people, economic
and mental persecution, terror, and liquidation; that
is genocide. Turkey took part in that genocide
operation be expelling over 300.000 Albanian from
Albanian Kosova to Istanbul, according to the
Gentlemen Agreement with Yugoslavia in 1938.
Being that that Albanian Kosova its not a legal
property of Serbia and Serbs, Albanian people
shouldnt agree with imposition of the conditional
independence of Kosova because one has never been
Serbias territory, but Ethnic Albanias integral
natural, historical and geopolitical part. This is
the main reason why Albanians shouldnt give up from
their historical and legitimate right of Kosova.
While, Serbian minority of 8% doesnt have any legal
right to call upon that Kosova is part of Serbia,
because one is colonial remnant in Kosova from 1912
when Serbia by genocide and military force
colonized and annexed Kosova. This our conclusion
proves and Serbian historian Dubravka Stojanovic
(Professor at Philosophic Faculty of Belgrade
University) : For Serbia the First Balkan War was
the greatest historical moment, but for Albanians the
same war was the biggest trauma because of the Great
Powers of Europe adopted their unjust resolution of
dividing of Albania in two parts, and Kosovo annexed
to Serbia (RSE, October 22,2002). Also, as a
professor Dubravka Stojanovic was written: In 1912,
Serbia, very fast, militarily entered and occupied
territory of Kosovo, Novi Pazar and a part of
Macedonia. (THB1NL (3 Februar, 2007 - 15:54).
These historical based facts, expounded by Dubravka
Stojanovic that Kosova was colonized by Serbia,
also, are interlaced accurately by prof.dr.Robert
Jackson : Kosovo had long been part of the Ottoman
Empire when it was conquered by Serbia in 1912. That
right of conquest was confirmed by the League of the
Nations at the end of the First World War by the
inclusion of Kosovo in the new state of Yugoslavia.
(Robert Jackson, The Global Covenant- Human Conduct
in a World of States, Oxford University, New York,
2000, p.278).
Its important to stress the fact that, and during
the Second World War the status of Albanians of
Kosova was remained unchanged, even though in
January 2, 1944 was hold the meeting of the National
Liberation Movement about Kosova political status
which as known as the Bujan Conference. In this
conference was adopted the Bujan Resolution, which
defined Albanian Kosova as a sovereign entity and a
part of Albania and expressed its aim remain part of
the Albanian state after the end of the Second World
War. But the partisan army led by Tito crushed its
indigenous people by committing all possible means of
genocide against them. (Noel Malcom, Kosovo a Short
History, Harper Perennial, New York, 1999, p.307-308)
After the end of the war in Yugoslavia (1945) in
violation, and contrary to the purposes and
principles of the United Nations Charter, according
to the Yugoslavias Federal Constitution of 1946,
Albanian Kosova and its indigenous Albanian people
were annexed by force of the Yugoslavia. According to
the international law, this is an act of colonialism
because of the fact it was against the will of
Albanian people. In the same outlaw manner in 1989
(after Slobodan Milosevic took power in SRFY),
Albanian Kosova was again illegally and by force
annexed by the Republic of Serbia, which matter
breaks any structural connection between the two
entities, and constitutes the obstruction of Albanian
Kosovas exercise of its independence, statehood and
sovereignty. This annexation was by force, and the
commission of all forms of total obstruction of the
internal self-determination which Albanian Kosova
had according to the constitution of the SFRY in the
1974. As a consequence all of these mentioned
Serbias condemnable acts according to the Article 2
(4) of the United Nations Charter, and the
international law, in July2, 1990, Kosovas
parliament adopted the Declaration of independence of
Albanian Kosova; (2) the Constitution of September 7,
1990 (known as Kacaniks Constitution) declaring
Albanian Kosova a republic ; (3) the Declaration of
September 22,1991 as a sovereign independent state
with the right of constitutional participation in the
league of sovereign republic-states of Yugoslavia;(4)
the Declaration of October 19, 1991 of Albanian
Kosova as a sovereign independent republic on the
basis of the Referendum held from September 26
through 30, 1991 in the presence of international
observers, with 87,01% of the electorate voting, from
which 99,87% voted in favor of independence from the
SFRY. This Referendum was according to the
contemporary international law, and the UN Charter as
well as to these resolutions, adopted by the Assembly
of the United Nations: (i) Res.637(VII)
Dec.16,1952.Right of Peoples and Nations to Self-
Determination, (ii) Res.1514(XV) Dec.1960 on granting
independence to dependent peoples; (iii) Res.2160
(XXI) Nov.30,1966. Forcible action depriving people
of right to self-determination; (iv) Res. 2200(XXI)
Dec.16,1966. International Covenant on Economic,
Social and Cultural Rights, Art.1; International
Covenant on Civil and Political Rights, Art.1.; (v)
Res.(XXV) Nov.30,1970. Emphasizing importance of
universal realization of self-determination and
condemning denial especially to people of southern
Africa and Palestine; (vi) Res.33/44 Dec.13,1978.
Decolonization; (vii) Res.34/103 Dec 14,1979.
Hegemonism, and so on.
Ahtisaris plan must be in compliance with
international law, and historical right of Alba-
nians to Kosova
& ;nbs p;
All of the international actors (USA, UN, EU, NATO,
Contact Group) involved in settlement of Kosovas
status, morally and legally are obliged to take into
account valid and objective arguments according to
historical and juridical rights of both parts
(Serbian and Albanian) in conflict. Really, in this
context is prepared and the United Nation plan on
Kosova which in February 2, 2007 was delivered and
presented by its envoy, Marti Ahtisari to Serbian
authorities in Belgrade and Albanian government in
Prishtina. However, Marti Ahtisaris plan about
Kosova, official Belgrade at the same day rejects by
motivation that one imply independence of Kosova.
Meanwhile, Albanian part accepted it with reluctance
and pleasure hoping that the UN special envoy Marti
Ahtisari will get in consideration its additional
proposals to be completed his plan before submitted
it to the Security Council of the United Nations.
Like Albanian part in Pristina as well as mentioned
relevant parts of international community
(particularly USA) who invested, and really
interested to resolve of Kosovas issue neednt
hurried with approving of Marti Ahtisaris plane
because one "omitted" the external self-determination
of Kosova. This is a main reason why Marti Ahtisaris
Plan couldnt be presented to the UN Security Council
before being completed with this important and
unavoidable legal clause which is in conformity to "
the Declaration Granting Independence to Colonial
Countries and Peoples and Declaration on Principles
of International Law Concerning Friendly Relations
and Cooperation among States in Accordance with the
Charter of the UN"(See: GA Resolution 1514(XV),14
December 1960; and GA Resolution 2625(XXV),24 October
1970).
These are the main rational and legal reasons why
Kosova must be granted with full-external
independence, not only with internal independence
such as Marti Ahtisaris Plan expected as a first
reasonable step. Indeed, Kosovas government isnt in
situation to refuse Marti Ahtisaris proposed plan,
like did Serbia, but morally, historically and
legally is obliged to give its additional suggests
and proposals which concern to the settlement of the
final political status of Kosova in compliance to
recognize the full right of the self-determination of
2 millions Albanian people who are the "hostages" of
the colonial Great Serbia from 1912/1913 to June 10,
1999.
In this context, Marti Ahtisaris plan must take in
consideration and these important historical and
juridical reasons and arguments who are directly
connected to the granting of full independence of
Kosova. First, historically, Kosova has never been
legal part of Serbian territory, but only genocidal
and colonial plunder disjoined from the historical,
geopolitical and integral territory of the ethnic
natural Albania by the European Great Powers (19113).
Second, Kosova belongs to the civilization (history,
culture and language etc.) of the Western Europe
because Albanians are Illyrians descendants, not at
all Slaves or Muslims as Serbian quasi-history,
politics and propaganda of the Serbian State and
Orthodox Church try to sophisticate their history for
centuries in the face of the world in order to hide
their centennial colonial genocides committed on
Albanians and ethnic Albania (1846-1999).
On the contrary of the Serbian invented myth about
Kosova battle 1389, which symbolize ancient history
and right of Serbia and Serbs to Kosova, "Serbia does
not have a continuous history on Kosova. For several
hundred years, Kosova was not part of Serbia, because
there was no Serbia to be part of: during most of
long Ottoman period, Serbia did not exist as an
entity at all. Kosova was annexed de facto by Serbia
within living memory, in 1912; de jure it wasnt
annexed by the Serbian kingdom at all".(See excellent
book, Introduction : Kosova a Short History by Neol
Malcolm, New York, 1999, p.xxxv). Also, Serbia and
Serbs havent their religious and culture "cradle" in
Kosova because "the seat of the Serbian Orthodox
Church was not founded in Kosova; it merely moved
there after its original foundation in central Serbia
was burnt down. Nor does the Patriarchate have any
continuous history as an institution in Kosova
, but
in Rascia(Serbia), an area beyond Kosovas north-
western border, and most of the important early
medieval Serbian monastires and churches were built
outside Kosova itself." (Ibidem, p. xxxv).
Theres no dilemma that historically Kosova was
Albanian territory, not Serbian as has written with
incontestable arguments Prof.Dr. Noel Malcolm in his
mentioned excellent and realistic book about Kosova.
Indeed, that Kosova has never been Serbian land, but
Albanian which in 1371 has been part of the Albanian
feudal state of the Balshas which was defeated by the
Ottomans in 1389.
Third, Kosova isnt Serbian minority problem (as
official Belgrade and Serbian Orthodox Church are
manipulating with 8% of Serbs in Kosova under the
pretext that they are victims of the Albanian
majority of 90%. This is falls argument which Serbia,
and Serbian Orthodox Church are using to blame
Albanians, instead to blame themselves for all their
colonial aggressions and genocides toward Kosova-
Albania and Albanians ), but ancient colonial problem
which must be resolved in accordance with
International Positive Law and the United Nations
Chart. Fourth, in order to reach definitely political
compromise between Serbs and Albanians, Marti
Ahtisaris plan must include the necessary
international juridical clause of the external self-
determination which theoretically and practically
means full independence of Kosova, not internal which
directly and indirectly Belgrade want to be implied
to Kosova by international community because it will
be only "legal way" to keep still its colonial
plunder like 100 years ago (1878-2007).
Basically, Marti Ahtisaris plan about final status
of Kosova should be accepted by Pristinas government
and Albanian political parties, only if it contains
the full external independence of Kosova, otherwise
wont be changed the status quo of Kosova, event
though Marti Ahtisaris plan expect conditional
independence of Kosova under international oversee
i.e. the European Union (EU) which (politically)
could consider as a first "equilibrate" and "fair"
step by the international community, it wont be a
good guaranty in the service of international
legality for peace and justice for all.
As the United States as well as the United Nations,
European Union, NATO etc. should bear in mind the
fact that only way to reach historical compromise
between disputed parts, and lasting peace and
stability in Balkans is immediately recognition of
the external self-determination of Kosova as a
independent, sovereign, democratic and multiethnic
state within which will be include and respect the
rule of law and all human rights to the all ethnic
and religious minorities.
____________________
* Author is Ph.D. in International Relations.
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